Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
Marginal note:1991, c. 1, s. 11.1
148. 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 fisheries protection and pollution prevention for that year.
149. (1) Section 43 of the Act is amended by adding the following after paragraph (i):
(i.1) for the purposes of paragraphs 32(2)(a) and 35(2)(a), prescribing anything that is authorized to be prescribed;
(i.2) respecting applications for the authorizations referred to in paragraph 32(2)(c) or (d) or 35(2)(b) or (c);
(i.3) prescribing the conditions under which and requirements subject to which persons or entities referred to in paragraph 32(2)(d) or 35(2)(c) may grant the authorization;
(i.4) respecting time limits for issuing authorizations referred to in paragraph 32(2)(c) or (d) or 35(2)(b) or (c), or for refusing to do so;
(2) Paragraphs 43(1)(i.1) to (i.4) of the Act are replaced by the following:
(i.01) excluding fisheries from the definitions “Aboriginal”, “commercial” and “recreational”;
(i.1) for the purposes of paragraph 35(2)(a), prescribing anything that is authorized to be prescribed;
(i.2) respecting applications for the authorizations referred to in paragraph 35(2)(b) or (c);
(i.3) prescribing the conditions under which and requirements subject to which persons or entities referred to in paragraph 35(2)(c) may grant the authorization;
(i.4) respecting time limits for issuing authorizations referred to in paragraph 35(2)(b) or (c), or for refusing to do so;
(3) Section 43 of the Act is amended by deleting “and” at the end of paragraph (l) and by adding the following after paragraph (m):
(n) establishing a list of aquatic invasive species;
(o) respecting the control of aquatic invasive species, including regulations
(i) respecting the prevention of the spread of such species,
(ii) respecting the possession of members of such species, and their import, export and transport,
(iii) respecting the release of members of such species into Canadian fisheries waters,
(iv) respecting the handling of members of such species, or
(v) requiring any person to keep any record, book or other document containing any information relevant to the control of such species, and respecting where, how and how long they are to be kept; and
(p) prescribing anything that is required or authorized by this Act to be prescribed.
(4) Section 43 of the Act is renumbered as subsection 43(1) and is amended by adding the following:
Marginal note:Regulations — Governor in Council
(2) The Governor in Council may make regulations establishing conditions for the exercise of the Minister’s power to make regulations under subsection (3).
Marginal note:Amendments to list of aquatic invasive species
(3) The Minister may, by regulation, add species to the list of aquatic invasive species established by regulations made under paragraph (1)(n) or remove species from that list, and vary the places to which regulations made under paragraph (1)(o) apply.
Marginal note:Statutory Instruments Act
(4) Regulations made under subsection (3) are exempt from section 3 of the Statutory Instruments Act.
(5) Section 43 of the Act is amended by adding the following after subsection (4):
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 20, 21 and 35 and subsection 38(4).
150. The Act is amended by adding the following after section 43:
Marginal note:Recommendation
43.1 Orders and regulations under subsections 4.2(1) and (3), 34(2), 36(5) and (5.1), 37(3) and 38(9) and section 43 are made on the recommendation of the Minister or, if they are made for the purposes of and in relation to the subject matters set out in an order made under section 43.2, on the recommendation of the minister designated under that section.
Marginal note:Designation
43.2 (1) The Governor in Council may, on the recommendation of the Minister and any other federal minister, by order, designate that other minister as the minister responsible for the administration and enforcement of subsections 36(3) to (6) for the purposes and in relation to the subject-matters set out in the order.
Marginal note:Designated minister’s powers, duties and functions
(2) The order may set out any powers, duties or functions of the Minister under this Act that the designated minister may exercise or perform — or any provisions of this Act in which a reference to the Minister is a reference to the designated minister — for the purposes of administering and enforcing subsections 36(3) to (6).
Marginal note:1991, c. 1, s. 18
151. Subsection 63(1) of the Act is replaced by the following:
Marginal note:False statements
63. (1) No person shall make a false or misleading statement, whether orally or in writing, to an inspector, a fishery officer, a fishery guardian, any authority designated by a fishery officer or a fishery guardian or any authority prescribed under paragraph 38(9)(a) or (b) who is carrying out duties or functions under this Act.
Marginal note:1991, c. 1, s. 19
152. The heading before section 66 and sections 66 and 67 of the Act are repealed.
Marginal note:1991, c. 1, s. 21
153. Section 69 of the Act is repealed.
Marginal note:1991, c. 1, s. 26
154. Section 82 of the Act is replaced by the following:
Marginal note:Limitation period
82. A proceeding by way of summary conviction in respect of an offence under this Act may not be commenced later than five years after the day on which the offence was committed.
155. The Act is amended by adding the following after section 88:
INCORPORATION BY REFERENCE
Marginal note:Externally produced material
89. (1) A regulation made under this Act may incorporate by reference material produced by a person or body other than the Minister, including by a government, a government agency or an international body.
Marginal note:Jointly produced material
(2) A regulation made under this Act may incorporate by reference material produced jointly by the Minister and a government or government agency for the purpose of harmonizing the regulation with other laws.
Marginal note:Internally produced standards
(3) A regulation made under this Act may incorporate by reference technical or explanatory material produced by the Minister, such as specifications, test methods, procedures, construction standards, operational standards, safety standards and performance standards of a technical nature.
Marginal note:Incorporation as amended from time to time
(4) Material may be incorporated by reference as it exists on a particular date or as it is amended from time to time.
Marginal note:Transmission and publication
(5) For greater certainty, a document that is incorporated by reference in a regulation is not required to be transmitted for registration or publication in the Canada Gazette by reason only that it is incorporated by reference.
Marginal note:Interpretation
(6) Subsections (1) to (5) do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.
Marginal note:Defence
90. A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in a regulation is relevant unless, at the time of the alleged contravention, it was accessible as required by section 91 or was accessible to the person.
Marginal note:Accessibility of incorporated documents
91. The Minister shall ensure that any document that is incorporated by reference under subsection 89(1) is accessible.
Coming into Force
Marginal note:Order in council
156. Section 132, subsections 133(1), (3) and (4), sections 135 to 138, subsection 139(2), sections 140 and 141, subsections 142(2) to (4), 144(2) to (6), 145(2) to (4) and 147(1) to (5), (7), (9) and (10), section 148, subsections 149(2) and (5) and sections 152 and 153 come into force on a day to be fixed by order of the Governor in Council.
Division 61999, c. 33Canadian Environmental Protection Act, 1999
Amendments to the Act
157. (1) Subsection 127(1) of the Canadian Environmental Protection Act, 1999 is replaced by the following:
Marginal note:Permit
127. (1) The Minister may, on application, issue a permit authorizing the loading for disposal and disposal of waste or other matter and, subject to the regulations, renew it no more than four times.
(2) The portion of subsection 127(2) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Application
(2) The application must
(3) Subsection 127(3) of the Act is replaced by the following:
Marginal note:Factors for consideration
(3) Before issuing a permit under subsection (1) or renewing it, the Minister shall comply with Schedule 6 and shall take into account any factors that the Minister considers necessary.
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