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An Act to amend the Fisheries Act and other Acts in consequence (S.C. 2019, c. 14)

Assented to 2019-06-21

R.S., c. F-14Fisheries Act (continued)

48 The Act is amended by adding the following after section 87:

Marginal note:Powers of Fisheries Officers — waters and territory of foreign state

87.1 Subject to the consent of a foreign state and any conditions that it may impose, every power that may be exercised, and every duty or function that may be performed in Canada by a fishery officer under this Act may be exercised or performed on or over the waters that are subject to the jurisdiction of a foreign state or on the state’s territory, or in a port of the foreign state, in relation to any fishing vessel that is subject to the jurisdiction of Canada.

49 The Act is amended by adding the following after section 91:

Review of Act

Marginal note:Five-year review

92 Every five years beginning on the day on which this section comes into force, the provisions and operation of this Act shall be reviewed by the committee of the Senate, of the House of Commons or of both Houses that is designated or established for that purpose.

Marginal note:Replacement of “Aboriginal” with “Indigenous”

50 The English version of the Act is amended by replacing “Aboriginal” with “Indigenous” in the following provisions:

  • (a) paragraphs 6(a) and (c);

  • (b) subsection 35(1);

  • (c) the portion of subsection 37(1) before paragraph (b);

  • (d) subparagraph 38(3)(b)(i); and

  • (e) paragraph 43(1)(i.01).

Transitional Provisions

Marginal note:Analysts

51 Any person who is designated as an analyst within the meaning of the definition analyst in subsection 2(1) of the Fisheries Act, as it read immediately before the day on which section 38 of this Act comes into force, is deemed to be designated as an analyst under subsection 56.1(1) of the Fisheries Act as enacted by that section 38.

Marginal note:Authorization — Paragraph 35(2)(b)

52 Any authorization issued by the Minister under paragraph 35(2)(b) of the Fisheries Act before the day on which section 22 of this Act comes into force and that is still valid on the day on which that section comes into force is deemed to have been issued under paragraphs 34.4(2)(b) and 35(2)(b), as those paragraphs read after that day.

Marginal note:Application — Paragraph 35(2)(b)

  • 53 (1) If an application for the issuance of an authorization under paragraph 35(2)(b) of the Fisheries Act is made in accordance with the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations before the day on which section 22 of this Act comes into force, and the applicant has received notification from the Minister that the application is complete in accordance with the requirements of those regulations, then the Fisheries Act as it read immediately before the day on which this Act receives royal assent, applies to the exercise of the Minister’s power under that Act to authorize the carrying on of the work, undertaking or activity that is referred to in the application. Any authorization issued by the Minister is deemed to be an authorization that was issued under paragraphs 34.4(2)(b) and 35(2)(b) of that Act, as those paragraphs read after the day on which section 22 of this Act comes into force.

  • Marginal note:Incomplete application

    (2) If the Minister notifies the applicant in accordance with the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations, that the application is incomplete, then the applicant shall provide the Minister with the required information or documentation

    • (a) no later than 180 days after the day on which section 22 of this Act comes into force, if the applicant receives the notice before that day;

    • (b) no later than 180 days after the day on which the applicant received the notice, if the applicant receives the notice on or after the day on which section 22 of this Act comes into force.

  • Marginal note:Minister’s notification

    (3) If the Minister notifies the applicant, in accordance with the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations, following the receipt of any required information or documentation from the applicant within the time period referred to in subsection (2), that the application is complete, the Fisheries Act as it read immediately before the day on which this Act received royal assent applies to the exercise of the Minister’s power under that Act to authorize the carrying on of the work, undertaking or activity that is referred to in the application. Any authorization issued by the Minister is deemed to be an authorization that was issued under paragraphs 34.4(2)(b) and 35(2)(b) of that Act, as those paragraphs read after the day on which section 22 of this Act comes into force. However, if the Minister notifies the applicant that the application is still incomplete, then the authorization that was applied for is deemed to have been refused.

Consequential Amendments

R.S., c. A-1Access to Information Act

54 Schedule II to the Access to Information Act is amended by adding, in alphabetical order, a reference to

  • Fisheries Act

    Loi sur les pêches

and a corresponding reference to “subsections 61.2(1) and (2)”.

R.S., c. O-7; 1992, c. 35, s. 2Canada Oil and Gas Operations Act

Marginal note:2015, c. 4, s. 28

55 The portion of item 2 of Part 1 of Schedule 2 to the Canada Oil and Gas Operations Act in column 2 is replaced by the following:

34.4(1) and 35(1)

1987, c. 3; 2014, c. 13, s. 3Canada–Newfoundland and Labrador Atlantic Accord Implementation Act

Marginal note:2015, c. 4, s. 70

56 The portion of item 2 of Part 1 of Schedule 2 to the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act in column 2 is replaced by the following:

34.4(1) and 35(1).

1988, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Marginal note:2015, c. 4, s. 109

57 The portion of item 2 of Part 1 of Schedule VI to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act in column 2 is replaced by the following:

34.4(1) and 35(1)

2012, c. 31, s. 179Bridge To Strengthen Trade Act

Marginal note:2012, c. 31, par. 184(3)(a)

  • 58 (1) Subsection 8(1) of the English version of the Bridge To Strengthen Trade Act is replaced by the following:

    Marginal note:Harm to fish

    • 8 (1) Before a person who proposes to carry on any work, undertaking or activity, for the purpose of the construction of the bridge, parkway or any related work and for which an authorization referred to in paragraphs 35(2)(b) or (c) of the Fisheries Act would have been required but for section 3, begins to carry on the work, undertaking or activity, they must file with the Minister a plan that includes all measures to be taken to mitigate the harm to fish that are part of a commercial, recreational or Indigenous fishery, or to fish that support such a fishery resulting from the carrying on of the work, undertaking or activity.

  • (2) Subsection 8(1) of the Act is replaced by the following:

    Marginal note:Death of fish or harmful alteration, disruption or destruction of fish habitat

    • 8 (1) Before a person who proposes to carry on any work, undertaking or activity, for the purpose of the construction of the bridge, parkway or any related work and for which an authorization referred to in paragraph 34.4(2)(b) or (c) or 35(2)(b) or (c) of the Fisheries Act would have been required but for section 3, begins to carry on the work, undertaking or activity, they must file with the Minister a plan that includes all measures to be taken to mitigate the extent of death of fish or the harmful alteration, disruption or destruction of fish habitat, resulting from the carrying on of the work, undertaking or activity.

Coordinating Amendments

Marginal note:Bill S-203

  • 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:

    Marginal note:Exception to the Criminal Code — scientific research

    • 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).

    • Marginal note:Issuance of licence

      (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.

    Marginal note:Exception to the Criminal Code — cetacean’s captivity in its best interests

    • 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).

    • Marginal note:Issuance of licence

      (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.

    Marginal note:Exception to the Criminal Code — scientific research by federal employees

    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.

    Marginal note:Exception to the Criminal Code — federal employees keeping cetaceans in captivity

    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.

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