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
An Act to amend the Fisheries Act and other Acts in consequence
S.C. 2019, c. 14
Assented to 2019-06-21
An Act to amend the Fisheries Act and other Acts in consequence
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Fisheries Act and other Acts in consequence”.
SUMMARY
This enactment amends the Fisheries Act to, among other things,
(a) require that, when making a decision under that Act, the Minister shall consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, include provisions respecting the consideration and protection of Indigenous knowledge of the Indigenous peoples of Canada, and authorize the making of agreements with Indigenous governing bodies to further the purpose of the Fisheries Act;
(b) add a purpose clause and considerations for decision-making under that Act;
(c) empower the Minister to establish advisory panels and to set fees, including for the provision of regulatory processes;
(d) provide measures for the protection of fish and fish habitat with respect to works, undertakings or activities that may result in the death of fish or the harmful alteration, disruption or destruction of fish habitat, including in ecologically significant areas, as well as measures relating to the modernization of the regulatory framework such as authorization of projects, establishment of standards and codes of practice, creation of fish habitat banks by a proponent of a project and establishment of a public registry;
(e) empower the Governor in Council to make new regulations, including regulations respecting the rebuilding of fish stocks and importation of fish;
(f) empower the Minister to make regulations for the purposes of the conservation and protection of marine biodiversity;
(g) empower the Minister to make fisheries management orders prohibiting or limiting fishing for a period of 45 days to address a threat to the proper management and control of fisheries and the conservation and protection of fish;
(h) prohibit the fishing of a cetacean with the intent to take it into captivity, unless authorized by the Minister, including when the cetacean is injured, in distress or in need of care; and
(i) update and strengthen enforcement powers, as well as establish an alternative measures agreements regime; and
(j) provide for the implementation of various measures relating to the maintenance or rebuilding of fish stocks.
The enactment also makes consequential amendments to other Acts.
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-14Fisheries Act
Marginal note:2012, c. 19, s. 133(3), c. 31, s. 175
1 (1) The definitions commercial, Indigenous and recreational in subsection 2(1) of the Fisheries Act are repealed.
Marginal note:2012, c. 19, s. 133(3), c. 31, s. 175
(2) The definition Aboriginal in subsection 2(1) of the English version of the Act is repealed.
Marginal note:R.S., c. 35 (1st Supp.), s. 5
(3) The definition pêcherie in subsection 2(1) of the French version of the Act is repealed.
Marginal note:2012, c. 19, s. 133(2)
(4) The definition analyst in subsection 2(1) of the Act is replaced by the following:
- analyst
analyst means a person who is designated under subsection 56.1(1) to perform the functions of an analyst; (analyste)
Marginal note:2012, c. 19, s. 133(3)
(5) The definition fish habitat in subsection 2(1) of the Act is replaced by the following:
- fish habitat
fish habitat means water frequented by fish and any other areas on which fish depend directly or indirectly to carry out their life processes, including spawning grounds and nursery, rearing, food supply and migration areas; (habitat)
Marginal note:R.S., c. 35 (1st Supp.), s. 5
(6) The definition fishery in subsection 2(1) of the English version of the Act is replaced by the following:
- fishery
fishery with respect to any fish, includes,
(a) any of its species, populations, assemblages and stocks, whether the fish is fished or not,
(b) any place where fishing may be carried on,
(c) any period during which fishing may be carried on,
(d) any method of fishing used, and
(e) any type of fishing gear or equipment or fishing vessel used; (pêche)
Marginal note:2012, c. 19, s. 133(3), c. 31, s. 175
(7) The definitions autochtone and pêche in subsection 2(1) of the French version of the Act are replaced by the following:
- Indigenous
autochtone Se dit, à l’égard de la pêche pratiquée par une organisation autochtone ou ses membres, de celle pratiquée à des fins de consommation personnelle, à des fins sociales ou cérémoniales ou à des fins prévues dans un accord sur des revendications territoriales conclu avec 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)
- fishery
pêche S’entend de l’action de capturer ou de tenter de capturer du poisson par tout moyen et, en outre, notamment des espèces, populations, assemblages et stocks de poissons pêchés ou non, du lieu ou de la période où il est permis de pêcher ou de la méthode ou des types d’engins, d’équipements ou de bateaux de pêche utilisés. (fishery et fishing)
(8) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
- Indigenous governing body
Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982; (corps dirigeant autochtone)
- Indigenous peoples of Canada
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982; (peuples autochtones du Canada)
- laws
laws includes the by-laws made by an Indigenous governing body; (lois)
(9) Subsection 2(1) of the English version of the Act is amended by adding the following in alphabetical order:
- Indigenous
Indigenous, in relation to a fishery, means that fish is harvested by an Indigenous organization or any of its 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)
Marginal note:2012, c. 19, s. 133(4)
(10) Subsection 2(2) of the Act is repealed.
Marginal note:R.S., c. 35 (1st Supp.), s. 2
2 The heading “Purposes” after section 2 of the English version of the Act is replaced by the following:
Purpose
3 The Act is amended by adding the following after the heading “Purposes” after section 2:
Marginal note:Purpose of Act
2.1 The purpose of this Act is to provide a framework for
(a) the proper management and control of fisheries; and
(b) the conservation and protection of fish and fish habitat, including by preventing pollution.
Territorial Application
Marginal note:Application
2.2 (1) This Act applies in Canada, and also to
Marginal note:Definition of sedentary species
(2) For the purpose of paragraph (1)(b), sedentary species means any organism that, at the harvestable stage, either is immobile on or under the seabed or is unable to move except by remaining in constant physical contact with the seabed or subsoil.
Indigenous Peoples of Canada
Marginal note:Rights of Indigenous peoples of Canada
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.
Marginal note:Duty of Minister
2.4 When making a decision under this Act, the Minister shall consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
Considerations
Marginal note:Considerations for decision making
2.5 Except as otherwise provided in this Act, when making a decision under this Act, the Minister may consider, among other things,
(a) the application of a precautionary approach and an ecosystem approach;
(b) the sustainability of fisheries;
(c) scientific information;
(d) Indigenous knowledge of the Indigenous peoples of Canada that has been provided to the Minister;
(e) community knowledge;
(f) cooperation with any government of a province, any Indigenous governing body and any body — including a co-management body — established under a land claims agreement;
(g) social, economic and cultural factors in the management of fisheries;
(h) the preservation or promotion of the independence of licence holders in commercial inshore fisheries; and
(i) the intersection of sex and gender with other identity factors.
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