An Act to amend the Fisheries Act and other Acts in consequence (S.C. 2019, c. 14)
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Assented to 2019-06-21
R.S., c. F-14Fisheries Act (continued)
28 The Act is amended by adding the following after section 42:
Marginal note:Definitions
42.01 The following definitions apply in this section and sections 42.02 to 42.04.
- conservation project
conservation project means a work, undertaking or activity that is carried on by a proponent for the purpose of creating, restoring or enhancing fish habitat within a service area in order to acquire habitat credits. (projet de conservation)
- fish habitat bank
fish habitat bank means an area of a fish habitat that has been created, restored or enhanced by the carrying on of one or more conservation projects within a service area and in respect of which area the Minister has certified any habitat credit under paragraph 42.02(1)(b). (réserve d’habitats)
- habitat credit
habitat credit means a unit of measure that is agreed to between any proponent and the Minister under section 42.02 that quantifies the benefits of a conservation project. (crédit d’habitat)
- proponent
proponent means a person who proposes the carrying on of a conservation project and any other work, undertaking or activity within a proposed service area. (promoteur)
- service area
service area means the geographical area that encompasses a fish habitat bank and one or more conservation projects and within which area a proponent carries on a work, undertaking or activity. (zone de service)
Marginal note:Arrangements respecting fish habitat banks
42.02 (1) For the purposes of sections 42.01 to 42.04, the Minister may
(a) establish a system for the creation, allocation and management of a proponent’s habitat credits in relation to a conservation project; and
(b) issue a certificate to the proponent respecting the validity of any habitat credit acquired from the carrying on of a conservation project.
Marginal note:Arrangements
(2) In exercising the powers referred to in subsection (1), the Minister may enter into arrangements with any proponent.
Marginal note:Contents
(3) An arrangement referred to in subsection (2) shall include, among other things,
(a) any document and other information that describes the proposed fish habitat bank, conservation project and service area;
(b) a written confirmation that the Department of Fisheries and Oceans and anyone authorized to act on the Department’s behalf is authorized to access the site of the conservation project for the term of the arrangement;
(c) a description of the administration, management and general operation of the arrangement by the parties, including
(i) a procedure for proposing a conservation project and an approval process,
(ii) a habitat credit certification process,
(iii) a process for habitat credit evaluation and any re-evaluation that may be required by the Minister,
(iv) habitat credit accounting procedures respecting the habitat credit ledger,
(v) progress reports on the conservation project, and
(vi) any other relevant matters respecting the administration of the arrangement;
(d) reports on the performance of the arrangement;
(e) the form and manner in which the arrangement may be amended;
(f) the date on which the arrangement comes into force; and
(g) the signatures of the parties.
Marginal note:Use of habitat credit within service area
42.03 A proponent may only use their certified habitat credits in respect of a fish habitat bank within a service area to offset the adverse effects on fish or fish habitat from the carrying on of a work, undertaking or activity authorized or permitted to be carried on in that service area.
Marginal note:Regulations
42.04 The Governor in Council may make regulations
(a) respecting the establishment of a system for the creation, allocation and management of habitat credits referred to in paragraph 42.02(1)(a);
(b) respecting the issuance of a certificate of validity of any habitat credit referred to in paragraph 42.02(1)(b); and
(c) respecting an arrangement with any proponent.
Marginal note:2012, c. 19, s. 148
29 Subsection 42.1(1) of the Act is replaced by the following:
Marginal note:Annual report
42.1 (1) The Minister shall, as soon as feasible after the end of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the administration and enforcement of the provisions of this Act relating to fish and fish habitat protection and pollution prevention for that year.
30 The Act is amended by adding the following after section 42.1:
Marginal note:Public registry
42.2 The Minister shall establish a public registry for the purpose of facilitating access to records relating to matters under any of sections 34 to 42.1.
Marginal note:Contents of registry — obligatory
42.3 (1) The Minister shall publish the following records in the registry:
(a) any agreements referred to in section 4.1 that are entered into by him or her and that establish the circumstances and manner referred to in paragraph 4.1(2)(h);
(b) any standards and codes of practice established by the Minister under section 34.2;
(c) any orders made by the Minister under sections 34.3 and 37;
(d) any authorizations given under paragraphs 34.4(2)(b) and (c) and 35(2)(b) and (c) and subsection 35.2(7);
(e) any permits issued by him or her under section 35.1; and
(f) any fish habitat restoration plan prepared under subsection 35.2(9).
Marginal note:Contents of registry — optional
(2) The Minister may publish in the registry, other records that he or she considers appropriate for the purpose set out in section 42.2, including
(a) any agreements referred to in section 4.1 and subsection 4.4(3);
(b) any arrangements referred to in subsection 4.4(3) and section 42.02;
(c) any proposed regulations;
(d) any reports submitted under any regulations made under this Act;
(e) any guidelines; and
(f) any policy.
Marginal note:Request of designated minister
(3) The Minister may, on the request of any other minister designated under section 43.2, publish any records in the registry that the designated minister considers appropriate for the purpose set out in section 42.2.
Marginal note:Types of records in registry
(4) Despite subsections (1) to (3), the registry shall contain only records or any part of those records
(a) that are publicly available; or
(b) that the Minister determines would be disclosed to the public in accordance with the Access to Information Act if a request were made in respect of that record under that Act, including any record that would be disclosed in the public interest under subsection 20(6) of that Act.
Marginal note:Form, manner and access — registry
42.4 The Minister may determine the form of the registry, how it is to be kept and how access to it is to be provided.
Marginal note:Protection from civil proceeding or prosecution
42.5 Despite any other Act of Parliament, civil or criminal proceedings shall not be brought against Her Majesty in right of Canada, the Minister and any person acting on behalf of or under the direction of the Minister for the full or partial disclosure of any record through the registry made in good faith or for any consequences of its disclosure.
31 (1) Paragraph 43(1)(a) of the Act is replaced by the following:
(a) respecting the proper management and control of the seacoast and inland fisheries, including for social, economic or cultural purposes;
(2) Subsection 43(1) of the Act is amended by adding the following after paragraph (b):
(b.1) respecting the rebuilding of fish stocks;
(b.2) respecting the restoration of fish habitat;
(3) Subsection 43(1) of the Act is amended by adding the following after paragraph (d):
(d.1) respecting the circumstances when the holder of a licence or the operator named in the licence is required to personally carry on the activity authorized by the licence and the exceptions to that requirement;
(4) Paragraph 43(1)(f) of the Act is replaced by the following:
(f) respecting the issuance, suspension and cancellation of licences and leases, including
(i) if the lease or licence holder or the applicant for that lease or licence is a party to an agreement in respect of the lease or licence that contravenes any provision of this Act or of the regulations, or
(ii) if the applicant for the lease or licence is a corporation;
(5) Subsection 43(1) of the Act is amended by adding the following after paragraph (g):
(g.01) respecting the use and control of the rights and privileges under a lease or licence issued under this Act, including the prohibition on the transfer of the use and control of those rights and privileges except under prescribed conditions;
(g.02) in the case of a licence issued to an organization, respecting the designation of persons who may fish and the fishing vessels that may be used under the licence and any other matter relating to designations, including the method of designation and who may designate those persons and vessels;
Marginal note:2012, c. 19, s. 149(2)
(6) Paragraphs 43(1)(i) to (i.4) of the Act are replaced by the following:
(i) respecting the conservation and protection of fish habitat;
(i.1) for the purposes of paragraphs 34.4(2)(a) and 35(2)(a), prescribing anything that is authorized to be prescribed under those paragraphs;
(i.11) respecting the process relating to the issuance of the authorizations referred to in paragraph 34.4(2)(b) or (c) or 35(2)(b) or (c) or the permits referred to in subsection 35.1(3);
(i.2) prescribing the documents or other information that are to be provided for the obtaining of the authorizations referred to in paragraph 34.4(2)(b) or (c) or 35(2)(b) or (c) or the permits referred to in subsection 35.1(3), or for the amendment, suspension or cancellation of those authorizations or permits;
(i.21) prescribing persons or entities who may authorize the carrying on of works, undertakings or activities under paragraphs 34.4(2)(c) and 35(2)(c) and respecting the requirements that these persons or entities may be subject to;
(i.3) prescribing the conditions and requirements under which a person or entity referred to in paragraph 34.4(2)(c) or 35(2)(c) may issue the authorization;
(i.31) with respect to an authorization issued under 34.4(2)(c) or 35(2)(c), prescribing the classes of conditions that the prescribed person or entity
(i) shall include in the authorization,
(ii) may include in it, or
(iii) shall not include in it;
(i.4) respecting time limits for issuing authorizations referred to in paragraph 34.4(2)(b) or (c) or 35(2)(b) or (c) or for issuing permits under subsection 35.1(3), or for refusing to do so;
(i.5) for the purposes of the definition designated project in subsection 34(1), designating projects or classes of projects that are likely to affect fish or fish habitat;
(i.6) respecting the time, manner and circumstances in which the Minister may amend, suspend or cancel an authorization referred to in subsection 34.4(5) or 35(5), or a permit referred to in subsection 35.1(5), as the case may be;
(i.7) respecting the time, manner and circumstances in which the prescribed person or prescribed entity may amend, suspend or cancel an authorization referred to in subsection 34.4(6) or 35(6);
(i.8) respecting the process by which a person may request an amendment, suspension or cancellation of an authorization under subsection 34.4(5) or (6) or 35(5) or (6), or a permit under subsection 35.1(5), as the case may be;
(7) Paragraph 43(1)(j) of the Act is replaced by the following:
(j) respecting the import or export of fish;
(j.1) prescribing the circumstances in which the Indigenous knowledge of the Indigenous peoples of Canada that is provided to the Minister under this Act in confidence may be disclosed without written consent;
Marginal note:1991, c. 1, s. 12(3)
(8) Paragraph 43(1)(m) of the Act is replaced by the following:
(m) if a close time, fishing quota or limit on the size or weight of fish or fishing gear or equipment has been fixed in respect of an area under the regulations, authorizing persons referred to in paragraph (l) to vary the close time, fishing quota or limit or fishing gear or equipment in respect of that area or any portion of that area;
(9) Subsection 43(1) of the Act is amended by adding the following after paragraph (n):
(n.1) defining aquatic invasive species for the purposes of the regulations;
Marginal note:2012, c. 19, s. 149(3)
(10) The portion of paragraph 43(1)(o) of the Act before subparagraph (ii) is replaced by the following:
(o) respecting the management and control of aquatic invasive species, including regulations
(i) respecting the prevention of the introduction and spread of those species,
Marginal note:2012, c. 19, s. 149(3)
(11) Paragraph 43(1)(o) of the Act is amended by striking out “or” at the end of subparagraph (iv) and by replacing subparagraph (v) with the following:
(v) respecting the treatment and destruction of members of those species,
(vi) respecting the eradication of those species in a specified geographical area,
(vii) respecting the powers of a fishery officer and fishery guardian to manage and control those species,
(viii) authorizing a fishery officer and fishery guardian to exercise their powers with respect to a species that the officer or guardian, as the case may be, has reasonable grounds to believe is an aquatic invasive species, or
(ix) requiring any person to keep any record, book or other document containing any information relevant to the control of those species, and respecting where, how and how long it is to be kept; and
Marginal note:2012, c. 19, s. 149(4)
(12) Subsection 43(4) of the Act is replaced by the following:
Marginal note:Paragraph 43(1)(i.5)
(4) Regulations made under paragraph (1)(i.5) may include as a criterion for designation the fact that a decision has been made under an Act of Parliament to subject the project to an impact assessment.
Marginal note:2012, c. 19, s. 149(5)
(13) Subsection 43(5) of the Act is replaced by the following:
Marginal note:Regulations exempting certain Canadian fisheries waters
(5) The Governor in Council may make regulations exempting any Canadian fisheries waters from the application of sections 34.3, 34.4 and 35 and subsections 38(4) and (4.1).
32 The Act is amended by adding the following after section 43.2:
Marginal note:Regulations — Minister
43.3 (1) The Minister may, for the purposes of the conservation and protection of marine biodiversity and with respect to any area of Canadian fisheries waters that he or she specifies, make regulations
(a) prohibiting fishing of one or more species, populations, assemblages or stocks of fish;
(b) prohibiting any type of fishing gear or equipment from being used;
(c) prohibiting any type of fishing vessel from being used;
(d) prescribing classes of persons in respect of whom the prohibitions set out in paragraphs (a) to (c) apply; and
(e) prescribing types of fishing vessels in respect of which the prohibitions set out in paragraphs (a) and (b) apply.
Marginal note:Inconsistency
(2) If there is an inconsistency between regulations made by the Minister under subsection (1) and any regulations made by the Governor in Council under this Act, any orders issued under any regulations made by the Governor in Council under this Act or any conditions of any lease or licence issued under this Act, the regulations made by the Minister prevail to the extent of the inconsistency.
Compliance with Terms and Conditions
Marginal note:Compliance with terms and conditions of licences, etc.
43.4 (1) Every person acting under the authority of a permission referred to in section 4 or a lease or licence, whether issued under this Act or provincial legislation, shall comply with any terms and conditions of the permission, lease or licence that are imposed under the authority of this Act.
Marginal note:Statutory Instruments Act
(2) The permissions, leases and licences referred to in subsection (1) — including their terms and conditions — are not statutory instruments for the purposes of the Statutory Instruments Act.
Marginal note:Offence and punishment
(3) Every person who contravenes subsection (1)
(a) is guilty of an indictable offence and liable to a fine of not more than $500,000; or
(b) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $100,000.
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