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

Marginal note:Bill S-238

• 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into force before section 18.1 of this Act, then section 32 of the Fisheries Act, as enacted by that section 2, is repealed.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comes into force before section 2 of the other Act, then that section 2 is deemed never to have come into force and is repealed.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force on the same day as section 18.1 of this Act, then that section 2 is deemed never to have come into force and is repealed.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and 10(1.1) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act are repealed.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before sections 3 and 4 of the other Act, then those sections 3 and 4 are deemed never to have come into force and are repealed.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the same day as section 18.1 of this Act, then those sections 3 and 4 are deemed never to have come into force and are repealed.

Marginal note:Bill S-203

• 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:

  • Marginal note:Offence

    (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):

  • Marginal note:Exception — gestation

    (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.

  • Marginal note:Exception — offspring

    (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:

  • Marginal note:Exception — authorization

    (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.

Coming into Force

Marginal note:Order in council

59 Subsections 1(1), (5) and (10), sections 8, 13 and 19 to 24, subsections 25(2), (4), (5), (6), (8), (10) and (11) and 27(1) to (6), (8) and (9), sections 28 to 30, subsections 31(6) and (13), sections 52 and 55 to 57 and subsection 58(2) come into force on a day or days to be fixed by order of the Governor in Council.