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Report of the committee

Monday, May 27, 2019

The Standing Senate Committee on Fisheries and Oceans has the honour to present its

THIRTEENTH REPORT

Your committee, to which was referred Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence, has, in obedience to the order of reference of December 11, 2018, examined the said bill and now reports the same with the following amendments:

1.  Clause 1, pages 1 to 3:

(aOn page 1, replace lines 18 and 19 with the following:

fish habitat means any area on which fish depend directly or indirectly to”;

(bon page 2, replace line 20 with the following:

“une organisation autochtone ou ses membres, conformément à la reconnaissance et à la confirmation des droits des peuples autochtones et des droits issus de traités au titre de l’article 35 de la Loi constitutionnelle de 1982 ou à des fins prévues dans toute mesure de mise en œuvre des droits convenue entre la Couronne et les peuples autochtones. (Indigenous)”; and

(con page 3, replace lines 6 to 15 with the following:

“members pursuant to the recognition and affirmation of Aboriginal and treaty rights in section 35 of the Constitution Act, 1982 or for any purposes set out in any rights implementation measure as agreed to by the Crown and Indigenous peoples; (autochtone)

(10) Subsection 2(2) of the Act is repealed.”.

2. Clause 3, page 4: Replace lines 7 to 11 with the following:

2.3 This act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.”.

3. Clause 5, page 6: Add the following after line 25:

(9) An agreement entered into under subsection (1) must respect the rights guaranteed, recognized and affirmed in section 35 of the Constitution Act, 1982.”.

4. Clause 9, pages 7 to 9:

(aOn page 7, replace line 29 with the following:

“shall implement measures to maintain major”;

(bon page 8,

(i) replace line 4 with the following:

“fish stock above that point, taking into account the”,

(ii) replace line 12 with the following:

6.2 (1) If a major fish stock has declined to”,

(iii) replace line 14 with the following:

“velop a plan to rebuild the stock above that point in”, and

(iv) replace line 32 with the following:

“to do so, within a reasonable time and with reasons, on the Internet site of the Depart-”; and

(con page 9, in the French version, by replacing lines 1 to 3 with the following:

6.3 Les grands stocks de poissons visés par les articles 6.1 et 6.2 sont prévus par règlement.”.

5. Clause 15, page 14: Add the following after line 6:

23.2 (1) No person shall import into Canada or export from Canada, or attempt to import or export, a living cetacean or sperm, an egg or an embryo of a cetacean, except in accordance with a permit issued under subsection (2).

(2) The Minister may issue a permit authorizing the importation or exportation of a living cetacean or sperm, an egg or an embryo of a cetacean and impose any conditions that the Minister considers appropriate in the permit, if the importation or exportation is for the purpose of

(a) conducting scientific research; or

(b) keeping the cetacean in captivity if it is in the best interests of the cetacean’s welfare to do so.

(3) The Minister may amend, suspend or cancel a permit issued under subsection (2).”.

6. New clause 18.1, page 15: Add the following after line 6:

18.1The Act is amended by adding the following after section 31:

32 (1) No person shall engage in the practice of shark finning.

(2) In this section, shark finning means the practice of removing the fins from a shark and discarding the remainder of the shark while at sea.

32.1 (1) No person shall import into Canada or export from Canada, or attempt to so import or export, any shark fins or parts of shark fins that are not attached to a shark carcass except in accordance with a permit issued under subsection (2).

(2) The Minister may issue a permit authorizing the importation or exportation into or from Canada of any shark fins or parts of shark fins that are not attached to a shark carcass and impose any conditions that the Minister considers appropriate in the permit

(a) if the importation or exportation is for the purpose of scientific research relating to shark conservation; and

(b) if, in the Minister’s opinion, the scientific research is likely to benefit the survival of any shark species or is required to enhance the chances of survival of any shark species in the wild.

(3) The Minister may amend, suspend or cancel a permit issued under subsection (2).”.

7. Clause 21, pages 16, 18 and 20:

(aOn page 16,

(i) replace line 5 with the following:

“exercising any power under subsection 34.3(2), (3) or (7),”, and

(ii) replace line 7 with the following:

“35(2)(b) or (c) or subsection 35(4), 35.1(3), 35.2(7) or”;

(bon page 18, replace lines 19 to 25 with the following:

“ter and the water flow downstream of the obstruction or thing that are sufficient for the conservation and protection of the fish and fish habitat.”; and

(con page 20, replace line 12 with the following:

“35.1(3), in the case of a work, undertaking or activity that is part of a designated project and that is designated by the Minister under subsection 35.1(2); or”.

8. Clause 22, page 21: Replace line 27 with the following:

“35.1(3), in the case of a work, undertaking or activity that is part of a designated project and that is designated by the Minister under subsection 35.1(2); or”.

9. Clause 23, page 22: Replace lines 15 to 25 with the following:

35.1 (1) The Minister may designate, as a work, undertaking or activity that is associated with a designated project, any work, undertaking or activity that the Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat.

(2) The Minister shall designate any work, undertaking or activity that is part of a designated project and that the Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat.

(3) The Minister may issue a permit to carry on any work, undertaking or activity designated under subsection (2) and attach any conditions to it.

(4) No person shall carry on any work, undertaking or activity that is designated under subsection (2) except in accordance with a permit issued under subsection (3).

(5) The Minister may amend, suspend or cancel a permit issued under subsection (3).

35.11 (1) If a work, undertaking or activity is authorized or otherwise permitted under subsection 35(2) or 35.1(2), the person carrying out the work, undertaking or activity shall provide to the Minister, to offset the harmful alteration, disruption or destruction that results from such work, undertaking or activity, an equivalent or greater

(a) physical offset;

(b) payment in lieu of offset; or

(c) habitat credits.

(2) Any amount received as payment in lieu of offset under subsection (1) is to be used for habitat conservation or restoration within the province — or as close to it as practicable — in which the work, undertaking or activity is located.

(3) The Governor in Council may make regulations for the purposes of subsections (1) and (2), including regulations respecting the calculation of amounts for payment in lieu of offset.”.

10. Clause 27, pages 30 and 31:

(aOn page 30, replace line 13 with the following:

“35(2)(b) or (c) or subsection 35.1(3) or 35.2(7), or with”; and

(bon page 31,

(i) replace lines 17 and 18 with the following:

“under subsection 34.3(1), an order of the Minister made under subsection 34.3(2) or (3) or a provision of a regulation made under subsection 34.3(7),”, and

(ii) replace line 29 with the following:

“section 35.1(4), or”.

11. Clause 28, pages 32 to 34:

(aOn page 32,

(i) replace line 13 with the following:

“tivity that is carried on for the purpose of”,

(ii) by adding the following after line 22:

habitat bank sponsor means a proponent or any other person who proposes the carrying on of a conservation project. (parrain de réserve d’habitats)”,

(iii) replace line 24 with the following:

“between any habitat bank sponsor and the Minister under section”,

(iv) replace lines 27 and 28 with the following:

proponent means any person who proposes the carrying on of any work, under-”,

(v) replace lines 37 and 38 with the following:

(a) establish a system for the creation, allocation, management, transfer and exchange of habitat credits in rela-”, and

(vi) replace line 40 with the following:

(b) issue certificates respecting the”;

(bon page 33,

(i) replace lines 2 and 3 with the following:

“the Minister may enter into arrangements with any habitat bank sponsor.”, and

(ii) add the following after line 30:

(e.1) the terms under which the habitat credits earned under the arrangement may be transferred or exchanged;”, and

(iii) replace line 34 with the following:

42.03 (1) A proponent may only use their certified habitat”; and

(con page 34,

(i) add the following after line 2:

(2) A proponent may only use their certified habitat credits if the fish habitat bank and the work, undertaking or activity referred to in subsection (1) are located within the same province, service area or area that the Minister may, by order, designate for purposes of this section.”,

(ii) replace line 5 with the following:

“creation, allocation, management, transfer and exchange of habitat credits”, and

(iii) replace line 10 with the following:

(c) respecting an arrangement with any habitat bank sponsor.”.

12. Clause 31, pages 37 and 38:

(aOn page 37,

(i) replace line 22 with the following:

“ferred to in subsection 35.1(3);”, and

(ii) replace line 27 with the following:

“35.1(3), or for the amendment, suspension or cancella­”; and

(bon page 38,

(i) replace line 3 with the following:

“(c) or for issuing permits under subsection 35.1(3), or”,

(ii) replace lines 7 to 9 with the following:

“classes of projects that are likely to affect fish or fish habitat;”,

(iii) replace line 13 with the following:

“35(5), or a permit referred to in subsection 35.1(5), as”, and

(iv) replace line 22 with the following:

“or (6), or a permit under subsection 35.1(5), as the”.

13. Clause 32, page 41: Replace lines 1 and 2 with the following:

(2) The permissions, leases and licences referred to in subsection (1) — including their”.

14. New clauses 58.1 to 58.3, page 60: Add the following after line 26:

“Coordinating Amendments

58.1 (1) Subsections (2) to (8) apply if Bill S-203, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which both section 2 of the other Act and this subsection are in force, the Fisheries Act is amended by adding the following after section 23.2:

23.3 (1) Subsection 445.2(2) of the Criminal Code does not apply to a person who conducts scientific research in accordance with a licence issued by the Minister under subsection (2).

(2) The Minister may issue a licence authorizing any person to conduct scientific research with respect to cetaceans and impose any conditions that the Minister considers appropriate in the licence.

23.4 (1) Paragraph 445.2(2)(a) of the Criminal Code does not apply to a person who keeps a cetacean in captivity in the best interests of the cetacean’s welfare in accordance with a licence issued by the Minister under subsection (2).

(2) The Minister may issue a licence authorizing any person to keep a cetacean in captivity in the best interests of the cetacean’s welfare and impose any conditions that the Minister considers appropriate in the licence.

23.5 Subsection 445.2(2) of the Criminal Code does not apply to the employees of any federal entity set out in Schedules I to V of the Financial Administration Act who are performing their duties or functions in relation to scientific research with respect to cetaceans and to persons who are assisting them.

23.6 Paragraph 445.2(2)(a) of the Criminal Code does not apply to the employees of any federal entity set out in Schedules I to V of the Financial Administration Act who are performing their duties or functions in relation to the keeping of a cetacean in captivity in the best interests of the cetacean’s welfare and to persons who are assisting them.

(3) If section 3 of the other Act comes into force before section 15 of this Act, then section 28.1 of the Fisheries Act is repealed.

(4) If section 15 of this Act comes into force before section 3 of the other Act, then that section 3 is deemed never to have come into force and is repealed.

(5) If section 3 of the other Act comes into force on the same day as section 15 of this Act, then that section 3 is deemed never to have come into force and is repealed.

(6) If sections 4 and 5 of the other Act come into force before section 15 of this Act, then section 7.1 and subsection 10(1.1) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act are repealed.

(7) If section 15 of this Act comes into force before sections 4 and 5 of the other Act, then those sections 4 and 5 are deemed never to have come into force and are repealed.

(8) If sections 4 and 5 of the other Act come into force on the same day as section 15 of this Act, then those sections 4 and 5 are deemed never to have come into force and are repealed.

58.2 (1) Subsections (2) to (7) apply if Bill S-238, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (importation and exportation of shark fins) (in this section referred to as the “other Act”), receives royal assent.

(2) If section 2 of the other Act comes into force before section 18.1 of this Act, then section 32 of the Fisheries Act, as enacted by that section 2, is repealed.

(3) If section 18.1 of this Act comes into force before section 2 of the other Act, then that section 2 is deemed never to have come into force and is repealed.

(4) If section 2 of the other Act comes into force on the same day as section 18.1 of this Act, then that section 2 is deemed never to have come into force and is repealed.

(5) If sections 3 and 4 of the other Act come into force before section 18.1 of this Act, then subsections 6(1.1) and 10(1.1) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act are repealed.

(6) If section 18.1 of this Act comes into force before sections 3 and 4 of the other Act, then those sections 3 and 4 are deemed never to have come into force and are repealed.

(7) If sections 3 and 4 of the other Act come into force on the same day as section 18.1 of this Act, then those sections 3 and 4 are deemed never to have come into force and are repealed.

58.3 (1) Subsections (2) to (4) apply if Bill S-203, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins) (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which both section 2 of the other Act and this subsection are in force, the portion of subsection 445.2(2) of the Criminal Code before paragraph (a) is replaced by the following:

(2) Subject to subsections (2.1) to (3.1), every person commits an offence who

(3) On the first day on which both section 2 of the other Act and this subsection are in force, section 445.2 of the Criminal Code is amended by adding the following after subsection (2):

(2.1) If a cetacean is gestating on the day on which this subsection comes into force, paragraphs (2)(b) and (c) do not apply in respect of that cetacean for the period in which it gestates that includes the day on which this subsection comes into force.

(2.2) Paragraph (2)(a) does not apply to the offspring of a cetacean if that offspring was born immediately after a gestational period that included the day on which this subsection came into force.

(4) On the first day on which both section 2 of the other Act and this subsection are in force, subsection 445.2(4) of the Criminal Code is replaced by the following:

(4) Every person commits an offence who promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive cetaceans are used, in Canada, for performance for entertainment purposes, unless the performance is authorized under a licence issued by the Lieutenant Governor in Council of a province or by an authority in the province as may be specified by the Lieutenant Governor in Council.”.

15. Clause 59, page 60: Replace line 30 with the following:

28 to 30, subsections 31(6) and (13), sections 52”.

Respectfully submitted,

FABIAN MANNING

Chair