Bill C-98

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Second Reading

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	PART II
	OCEANS MANAGEMENT STRATEGY
Part does not apply to inland waters	28. For greater certainty, this Part does not apply in respect of rivers and lakes.
Development and implementatio n of strategy	29. The Minister, in collaboration with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements, shall lead and facilitate the development and implementation of a national strategy for the management of estuarine, coastal and marine ecosystems in waters that form part of Canada or in which Canada has sovereign rights under international law.
Principles of strategy	30. The national strategy will be based on the principles of
	(a) sustainable development, that is, development that meets the needs of the present without compromising the ability of future generations to meet their own needs;
	(b) the integrated management of activities in estuaries, coastal waters and marine waters that form part of Canada or in which Canada has sovereign rights under international law; and
	(c) the precautionary approach, that is, erring on the side of caution.
Integrated management plans	31. The Minister, in collaboration with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements, shall lead and facilitate the development and implementation of plans for the integrated management of all activities or measures in or affecting estuaries, coastal waters and marine waters that form part of Canada or in which Canada has sovereign rights under international law.
Implementatio n of integrated management plans	32. For the purpose of the implementation of integrated management plans, the Minister
	(a) shall develop and implement policies and programs with respect to matters assigned by law to the Minister;
	(b) shall coordinate with other ministers, boards and agencies of the Government of Canada the implementation of policies and programs of the Government with respect to all activities or measures in or affecting coastal waters and marine waters;
	(c) may, on his or her own or jointly with another person or body or with another minister, board or agency of the Government of Canada, and taking into consideration the views of other ministers, boards and agencies of the Government of Canada, provincial and territorial governments and affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements,
	(i) establish advisory or management bodies and appoint or designate, as appropriate, members of those bodies, and
	(ii) recognize established advisory or management bodies; and
	(d) may, in consultation with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements, establish marine environmental quality guidelines, objectives and criteria respecting estuaries, coastal waters and marine waters.
	32.1 The Governor in Council may, on the recommendation of the Minister of Fisheries and Oceans, make regulations for carrying out the purposes and provisions of this Act and in particular, but without restricting the generality of the foregoing, may make regulations
	(a) prescribing Marine Environmental Quality guidelines, criteria and standards;
	(b) respecting the powers and duties of persons designated by the Minister as enforcement officers; and
	(c) respecting the implementation of provisions of agreements under the Act.
Cooperation and agreements	33. (1) In exercising the powers and performing the duties and functions assigned to the Minister by this Act, the Minister
	(a) shall cooperate with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements;
	(b) may enter into agreements with any person or body or with another minister, board or agency of the Government of Canada;
	(c) shall gather, compile, analyse, coordinate and disseminate information;
	(d) may make grants and contributions on terms and conditions approved by the Treasury Board; and
	(e) may make recoverable expenditures on behalf of and at the request of any other minister, board or agency of the Government of Canada or of a province or any person or body.
Consultation	(2) In exercising the powers and performing the duties and functions mentioned in this Part, the Minister may consult with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements.
Logistic support, etc.	34. The Minister may coordinate logistics support and provide related assistance for the purposes of advancing scientific knowledge of estuarine, coastal and marine ecosystems.
Marine protected areas	35. (1) A marine protected area is an area of the sea that forms part of the internal waters of Canada, the territorial sea of Canada or the exclusive economic zone of Canada and has been designated under this section for special protection for one or more of the following reasons:
	(a) the conservation and protection of commercial and non-commercial fishery resources, including marine mammals, and their habitats;
	(b) the conservation and protection of endangered or threatened marine species, and their habitats;
	(c) the conservation and protection of unique habitats;
	(d) the conservation and protection of marine areas of high biodiversity or biological productivity; and
	(e) the conservation and protection of any other marine resource or habitat as is necessary to fulfil the mandate of the Minister of Fisheries and Oceans.
Marine protected areas	(2) For the purposes of integrated management planning, referred to in sections 31 and 32, the Minister of Fisheries and Oceans will lead and coordinate the development and implementation of a national system of Marine Protected Areas on behalf of the Government of Canada.
Regulations	(3) The Governor in Council, on the recommendation of the Minister of Fisheries and Oceans, may make regulations
	(a) establishing marine protected areas, subject to subsection 35(1); and
	(b) prescribing measures that may include but not be limited to
	(i) the zoning of marine protected areas,
	(ii) the prohibition of classes of activities within marine protected areas, and
	(iii) any other matter consistent with the purpose of the designation.
Interim marine protected areas in emergency situations	36. (1) The Governor in Council, on the recommendation of the Minister of Fisheries and Oceans, may make orders exercising any power under section 35 on an emergency basis where the Minister is of the opinion that a marine resource or habitat is likely to be at risk to the extent that such orders are not inconsistent with a lands claim agreement that has been given effect and has been ratified or approved by an Act of Parliament.
Exemption from Statutory Instruments Act	(2) An order made under this section is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.
Temporary effect	(3) An order made under this section that is not repealed ceases to have effect 90 days after it is made.
Offence and punishment	37. Every person who contravenes a regulation made under paragraph 35(3)(b) or an order made under subsection 36(1) in the exercise of a power under that paragraph
	(a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $100,000; or
	(b) is guilty of an indictable offence and liable to a fine not exceeding $500,000.
Contravention of unpublished order	38. No person may be convicted of an offence consisting of a contravention of an order made under subsection 36(1) in the exercise of a power under paragraph 35(3)(b) that, at the time of the alleged contravention, had not been published in the Canada Gazette in both official languages unless it is proved that reasonable steps had been taken before that time to bring the purport of the order to the attention of those persons likely to be affected by it.
Enforcement officers	39. (1) The Minister may designate any person or class of persons to act as enforcement officers for the purposes of this Act and the regulations.
Designation of provincial government employees	(2) The Minister may not designate any person or class of persons employed by the government of a province unless that government agrees.
Certificate of designation	(3) Every enforcement officer must be provided with a certificate of designation as an enforcement officer in a form approved by the Minister and, on entering any place under this Act, the officer shall, if so requested, show the certificate to the occupant or person in charge of the place.
Powers of peace officers	(4) For the purposes of this Act and the regulations, enforcement officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any person or class of persons.
Exemptions for law enforcement activities	(5) For the purpose of investigations and other law enforcement activities under this Act, the Minister may, on any terms and conditions the Minister considers necessary, exempt enforcement officers who are carrying out duties or functions under this Act, and persons acting under their direction and control, from the application of any provision of this Act or the regulations.
Obstruction	(6) When an enforcement officer is carrying out duties or functions under this Act or the regulations, no person shall
	(a) knowingly make any false or misleading statement either orally or in writing to the enforcement officer; or
	(b) otherwise willfully obstruct the enforcement officer.
Inspections	39.1 (1) For the purpose of ensuring compliance with this Act and the regulations, an enforcement officer may, subject to subsection (3), at any reasonable time enter and inspect any place in which the enforcement officer believes, on reasonable grounds, there is any thing to which this Act or regulations apply or any document relating to the administration of this Act or the regulations, and the enforcement officer may
	(a) open or cause to be opened any container that the enforcement officer believes, on reasonable grounds, contains any such thing or document;
	(b) inspect the thing and take samples free of charge;
	(c) require any person to produce the document for inspection or copying, in whole or in part; and
	(d) seize any thing by means of or in relation to which the enforcement officer believes, on reasonable grounds, this Act or the regulations have been contravened or that the enforcement officer believes, on reasonable grounds, will provide evidence of a contravention.

Conveyance	(2) For the purposes of carrying out the inspection, the enforcement officer may stop a conveyance or direct that it be moved to a place where the inspection can be carried out.
Dwelling-plac e	(3) The enforcement officer may not enter a dwelling-place except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant.
Warrant	(4) Where on ex parte application, a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath that
	(a) the conditions for entry described in subsection (1) exist in relation to a dwelling-place,
	(b) entry to the dwelling-place is necessary in relation to the administration of this Act or the regulations, and
	(c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused,
	the justice may issue a warrant authorizing the enforcement officer to enter the dwelling-place subject to any conditions that may be specified in the warrant.
Search and seizure without warrant	39.2 For the purpose of ensuring compliance with this Act and the regulations, an enforcement officer may exercise the powers of search and seizure provided in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be feasible to obtain the warrant.
Custody of things seized	39.3 (1) Subject to subsections (2) and (3), where an enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code,
	(a) sections 489.1 and 490 of the Criminal Code apply; and
	(b) the enforcement officer, or any person that the office may designate, shall retain custody of the thing subject to any order made under section 490 of the Criminal Code.
Forfeiture where ownership not ascertainable	(2) Where the lawful ownership of or entitlement to the seized thing cannot be ascertained within thirty days after its seizure, the thing or any proceeds of its disposition are forfeited to
	(a) Her Majesty in right of Canada, if the thing was seized by an enforcement officer employed in the public service of Canada; or
	(b) Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by the government of that province.
Perishable things	(3) Where the seized thing is perishable, the enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be
	(a) paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within ninety days after its seizure; or
	(b) retained by the enforcement officer pending the outcome of the proceedings.
Abandonment	(4) The owner of the seized thing may abandon it to Her Majesty in right of Canada or a province.
Disposition by Minister	39.4 Any thing that has been forfeited or abandoned under this Act must be dealt with and disposed of as the Minister may direct.
Liability for costs	39.5 The lawful owner and any person lawfully entitled to possession of any thing seized, abandoned or forfeited under this Act are jointly and severally liable for all the costs of inspection, seizure, abandonment, forfeiture or disposition incurred by Her Majesty in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty under this Act.
Contravention of Act or regulations	39.6 (1) Every person who contravenes subsection 39(6) or any regulation made under section 32.1
	(a) is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding $100,000; or
	(b) is guilty of an indictable offence and is liable to a fine not exceeding $500,000.
Subsequent offence	(2) Where a person is convicted of an offence under this Act a second or subsequent time, the amount of the fine for the subsequent offence may, notwithstanding subsection (1), be double the amount set out in that subsection.
Continuing offence	(3) A person who commits or continues an offence on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

Bill C-98

PART II

OCEANS MANAGEMENT STRATEGY