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Bill C-518

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C-518
Third Session, Fortieth Parliament,
59 Elizabeth II, 2010
HOUSE OF COMMONS OF CANADA
BILL C-518
An Act to amend the Fisheries Act (closed containment aquaculture)
first reading, May 5, 2010
Mr. Donnelly

403098

SUMMARY
This enactment amends the Fisheries Act to require that, within five years from the date on which the Act comes into force, finfish aquaculture, for commercial purposes, be carried out in closed containment facilities. It also requires the Minister of Fisheries and Oceans to prepare, table in the House and implement a plan to support the transition to the use of closed containment facilities and to protect the jobs and financial security of workers in that sector.

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3rd Session, 40th Parliament,
59 Elizabeth II, 2010
house of commons of canada
BILL C-518
An Act to amend the Fisheries Act (closed containment aquaculture)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. F-14
FISHERIES ACT
1. Section 2 of the Fisheries Act is amended by adding the following in alphabetical order:
“closed containment facility”
« parc clos »
“closed containment facility” means a solid wall structure, either onshore or offshore, for the rearing of finfish that prevents the escape of those fish and of parasites, including sea lice, and waste and other pollution into the surrounding marine systems;
“finfish aquaculture”
« aquaculture de poissons à nageoires »
“finfish aquaculture” means the cultivation of finfish, for commercial purposes, in any aquatic environment or artificial container of water;
2. Section 7 of the Act is replaced by the following:
Fishery leases and licences
7. (1) Subject to subsections (2) and (3), the Minister may, in his or her absolute discretion, wherever the exclusive right of fishing does not already exist by law, issue or authorize to be issued leases and licences for fisheries or fishing, wherever situated or carried on.
Closed containment facility finfish aquaculture
(2) No licence shall be issued under this Part for finfish aquaculture unless the finfish aquaculture is carried out in a closed containment facility.
Term exceeding nine years
(3) Except as otherwise provided in this Act, leases or licences for any term exceeding nine years shall be issued only under the authority of the Governor in Council.
3. The Act is amended by adding the following after the heading “GENERAL PROHIBITIONS” before section 23:
Finfish aquaculture
22.1 (1) Subject to subsection (2), no person shall carry out finfish aquaculture unless the person holds a licence issued for that purpose under section 7.
Transition period
(2) A person who, at the time this section comes into force, holds a licence issued under this Act or any regulations made under this Act or under relevant provincial legislation for finfish aquaculture that is not carried out in a closed containment facility shall not be considered to be in contravention of the requirement set out in subsection (1) for a period of up to four years from the date on which this section comes into force, provided that they take reasonable steps to transition to carrying out finfish aquaculture in a closed containment facility.
TRANSITIONAL PROVISION
Transition plan
4. Within 18 months after this Act receives royal assent, the Minister of Fisheries and Oceans shall prepare, table in the House of Commons and implement a plan for transition to the use of closed containment facilities that includes specific support measures for corporations and workers in the finfish aquaculture sector affected by this transition to protect the jobs and financial security of those workers, including providing for training and income support through the employment insurance system.
COMING INTO FORCE
Coming into force
5. This Act comes into force one year after the day on which it receives royal assent.
Published under authority of the Speaker of the House of Commons
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