REPORT TO THE HOUSE
Friday, December 8, 1995
The Standing Committee on Fisheries and Oceans has the honour to present its
THIRD REPORT
In accordance with its Order of Reference of Tuesday, October 3, 1995, your Committee has considered Bill C-98, An Act respecting the oceans of Canada, and has agreed to report it with the following amendments:
Preamble
In the French version only, strike out line 13, at page 1, and substitute the following therefor:
``lois internes, les droits souverains du Canada sur''
Add, immediately after line 15, at page 1, the following:
``AND WHEREAS the Minister of Fisheries and Oceans, in collaboration with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements is encouraging the development and implementation of a national strategy for the management of estuarine, coastal and marine ecosystems;''
New Clause 2.1
Add, immediately after line 44, at page 2, the following:
``2.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.''
Clause 10
In the French version only, strike out lines 27 and 28, at page 5, and substitute the following therefor:
``riale d'un autre État, ou assujetti aux droits souverains d'un autre État.''
Clause 11
Strike out lines 35 to 38, at page 5, and substitute the following therefor:
``an offence under that law may, subject to Canada's international obligations, prevent the entry of that person into Canada or the commission of the offence and, for greater certainty, section 25 of the Criminal Code applies in respect of the exercise by a person of any powers under this section.''
Clause 12
Strike out lines 39 to 45, at page 5, and substitute the following therefor:
``12. (1) Where there are reasonable grounds to believe that a person has committed an offence in Canada in respect of a federal law that is a customs, fiscal, immigration or sanitary law, every power of arrest, entry, search or seizure or other power that could be exercised in Canada in respect of that offence may also be exercised in the contiguous zone of Canada.''
Clause 14
In the French version only, strike out lines 22 to 24, at page 6, and substitute the following therefor:
``14. Le Canada a, sur sa zone économique exclusive :
a) des droits souverains quant à l'exploration et à l'exploitation, la con-''
In the French version only, strike out line 33, at page 6, and substitute the following therefor:
``b) compétence pour la mise en place et l'utilisation d'îles''
In the French version only, strike out line 38, at page 6, and substitute the following therefor:
``c) les autres droits et obligations prévus''
Clause 17
In the French version only, strike out lines 14 and 15, at page 7, and substitute the following therefor:
``est constitué des fonds marins et de leur sous-sol -- y compris ceux de la''
In the French version only, strike out line 20, at page 7, and substitute the following therefor:
``a) soit jusqu'au rebord externe de la''
Clause 18
In the French version only, strike out lines 6 and 7, at page 8, and substitute the following therefor:
``18. Les droits souverains du Canada sur son plateau continental s'étendent à l'exploration de ce-''
In the English version only, strike out line 12, at page 8, and substitute the following therefor:
``other non-living natural resources of the seabed and''
Clause 23
Strike out line 17, at page 11, and substitute the following therefor:
``Minister of Fisheries and Oceans containing a''
Clause 24
Strike out lines 34 to 38, at page 11.
Clause 25
In the French version only, strike out lines 12 and 13, at page 12, and substitute the following therefor:
``sur un espace maritime assujetti aux droits souverains d'un autre État, ou placerait''
In the French version only, strike out line 23, at page 12, and substitute the following therefor:
``maritime assujetti aux droits souverains d'un''
In the French version only, strike out lines 29 and 30, at page 12, and substitute the following therefor:
``mique exclusive, ou celle du plateau continental, notamment le rebord externe de la marge continentale;''
Clause 27
Strike out line 28, at page 14, and substitute the following therefor:
``ested persons and provinces to make representations with re-''
Clause 29
Strike out lines 36 to 39, at page 14, and substitute the following therefor:
``29. The Minister, in collaboration with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements, shall lead and facilitate the''
Clause 30
Add, immediately after line 13, at page 15, the following:
``(c) the precautionary approach, that is erring on the side of caution.''
Clause 31
Strike out lines 14 to 17, at page 15, and substitute the following therefor:
``31. The Minister, in collaboration with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements, shall lead and facilitate the development and implementation of plans for the integrated management of all activities or measures in or affecting estuaries, coastal waters and marine waters that form part of Canada or in which Canada has sovereign rights under international law.''
Clause 32
Strike out lines 23 to 45, at page 15, and line 1, at page 16, and substitute the following therefor:
``32. For the purpose of the implementation of integrated management plans, the Minister
(a) shall develop and implement policies and programs with respect to matters assigned by law to the Minister;
(b) shall coordinate with other ministers, boards and agencies of the Government of Canada the implementation of policies and programs of the Government with respect to all activities or measures in or affecting coastal waters and marine waters;
(c) may, on his or her own or jointly with another person or body or with another minister, board or agency of the Government of Canada, and taking into consideration the views of other ministers, boards and agencies of the Government of Canada, provincial and territorial governments and affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements.
(i) establish advisory or management bodies and appoint or designate, as appropriate, members of those bodies, and,
(ii) recognize established advisory or management bodies; and
(d) may, in consultation with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements.''
New Clause 32.1
Add, immediately after line 5, at page 16, the following:
``32.1 The Governor in Council may, on the recommendation of the Minister of Fisheries and Oceans, make regulations for carrying out the purposes and provisions of this Act and in particular, but without restricting the generality of the foregoing, may make regulations
(a) prescribing Marine Environmental Quality guidelines, criteria and standards;
(b) respecting the powers and duties of persons designated by the Minister as enforcement officers;
(c) respecting the implementation of provisions of agreements under the Act.''
Clause 33
Strike out lines 8 to 20, at page 16, and substitute the following therefor:
``the Minister by this Act, the Minister
(a) shall cooperate with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements;
(b) may enter into agreements with any person or body or with another minister, board or agency of the Government of Canada;
(c) shall gather, compile, analyse, coordinate and disseminate information;
(d) may make grants and contributions on terms and conditions approved by the Treasury Board; and
(e) may make recoverable expenditures on be-''
Strike out lines 27 to 30, at page 16, and substitute the following therefor:
``Part, the Minister, may consult with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements.''
Clause 35
Strike out lines 35 to 44, at page 16, and lines 1 and 2, at page 17, and substitute the following therefor:
``35. (1) A marine protected area is an area of the sea that forms part of the internal waters of Canada, the territorial sea of Canada or the exclusive economic zone of Canada; and has been designated under this section for special protection for one or more of the following reasons:
(a) conservation and protection of commercial and non-commercial fishery resources, including marine mammals, and their habitats;
(b) conservation and protection of endangered or threatened marine species, and their habitats;
(c) conservation and protection of unique habitats;
(d) conservation and protection of marine areas of high biodiversity or biological productivity;
(e) conservation and protection of any other marine resource or habitat as is necessary to fulfil the mandate of the Minister of Fisheries and Oceans.
35. (2) For the purposes of integrated management planning, referred to in Sections 31 and 32, the Minister of Fisheries and Oceans will lead and coordinate the development and implementation of a national system of Marine Protected Areas on behalf of the Government of Canada.
35. (3) The Governor in Council, on the recommendation of the Minister of Fisheries and Oceans, may make regulations:
(a) establishing marine protected areas, subject to paragraph 35(1); and
(b) prescribing measures which may include but not be limited to:
(i) the zoning of marine protected areas;
(ii) the prohibition of classes of activities within marine protected areas;
(iii) any other matter consistent with the purpose of the designation.''
Clause 36
Strike out lines 3 to 7, at page 17, and substitute the following therefor:
``36. (1) The Governor in Council, on the recommendation of the Minister of Fisheries and Oceans, may make orders exercising any power under section 35 on an emergency basis where the Minister is of the opinion that a marine resource or habitat is likely to be at risk to the extent that such orders are not inconsistent with a lands claim agreement that has been given effect and has been ratified or approved by an Act of Parliament.''
Clause 37
Strike out lines 18 to 29, at page 17, and substitute the following therefor:
``(a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $100,000; or
(b) is guilty of an indictable offence and is liable to a fine not exceeding $500,000.''
Clause 39
Strike out lines 41 and 45, at page 17, and lines 1 to 4, at page 18, and substitute the following therefor:
``39. (1) The Minister may designate any person or class of persons to act as enforcement officers for the purposes of this Act and the regulations.
(2) The Minister may not designate any person or class of persons employed by the government of a province unless that government agrees.
(3) Every enforcement officer must be provided with a certificate of designation as an enforcement officer in a form approved by the Minister and, on entering any place under this Act, the officer shall, if so requested, show the certificate to the occupant or person in charge of the place.
(4) For the purposes of this Act and the regulations, enforcement officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any person or class of persons.
(5) For the purpose of investigations and other law enforcement activities under this Act, the Minister may, on any terms and conditions the Minister considers necessary, exempt enforcement officers who are carrying out duties or functions under this Act, and persons acting under their direction and control, from the application of any provision of this Act or the regulations.
(6) When an enforcement officer is carrying out duties and functions under this Act or the regulations, no person shall
(a) knowingly make any false or misleading statement either orally or in writing to the enforcement officer; or
(b) otherwise willfully obstruct the enforcement officer.
39.1 (1) For the purpose of ensuring compliance with this Act and the regulations, an enforcement officer may, subject to subsection (3), at any reasonable time enter and inspect any place in which the enforcement officer believes, on reasonable grounds, there is any thing to which this Act or regulations apply or any document relating to the administration of this Act or the regulations, and the enforcement officer may
(a) open or cause to be opened any container that the enforcement officer believes, on reasonable grounds, contains any such thing or document;
(b) inspect the thing and take samples free of charge;
(c) require any person to produce the document for inspection or copying, in whole or in part; and
(d) seize any thing by means of or in relations to which the officer believes, on reasonable grounds this Act or the regulations have been contravened or that the enforcement officer believes, on reasonable grounds, will provide evidence of a contravention.
(2) For the purposes of carrying out the inspection, the enforcement officer may stop a conveyance or direct that it be moved to a place where the inspection can be carried out.
(3) The enforcement officer may not enter a dwelling-place except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant.
(4) Where on ex parte application, a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath that
(a) the conditions for entry describe in subsection (1) exist in relation to a dwelling-place
(b) entry to the dwelling-place is necessary in relation to the administration of this Act or the regulations, and
(c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused,
the justice may issue a warrant authorizing the officer to enter the dwelling-place subject to any conditions that may be specified in the warrant.
39.2 For the purpose of ensuring compliance with this Act and the regulations, an enforcement officer may exercise the powers of search and seizure provided in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be feasible to obtain the warrant.
39.3 (1) Subject to subsections (2) and (3), where an enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code,
(a) sections 489.1 and 490 of the Criminal Code apply; and
(b) the enforcement officer, or any person that the office may designate, shall retain custody of the thing subject to any order made under section 490 of the Criminal Code.
(2) Where the lawful ownership of or entitlement to the seized thing cannot be ascertained within thirty days after its seizure, the thing or any proceeds or its disposition, are forfeited to
(a) Her Majesty in right of Canada, if the thing was seized by an enforcement officer employed in the public service of Canada; or
(b) Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by the government of that province.
(3) Where the seized thing is perishable, the enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be
(a) paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within ninety days after its seizure; or
(b) retained by the enforcement officer pending the outcome of the proceedings.
(4) The owner of the seized thing may abandon it to Her Majesty in right of Canada or a province.
39.4 Any thing that has been forfeited or abandoned under this Act must be dealt with and disposed of as the Minister may direct.
39.5 The lawful owner and any person lawfully entitled to possession of any thing seized, abandoned or forfeited under this Act are jointly and severally liable for all the costs of inspection, seizure, abandonment, forfeiture or disposition incurred by Her Majesty in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty under this Act.
39.6 (1) Every person who contravenes subsection 39(6) or any regulation made under section 32.1
(a) is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding $100,000, or
(b) is guilty of an indictable offence and is liable to a fine not exceeding $500,000.
(2) Where a person is convicted of an offence under this Act a second or subsequent time, the amount of the fine for the subsequent offence may, notwithstanding subsection (1), be double the amount set out in that subsection.
(3) A person who commits or continues an offence on more than one day is liable to be convicted for separate offence for each day on which the offence is committed or continued.
(4) A fine imposed for an offence involving more than one animal, plant or other organism, may be calculated in respect of each one as though it had been the subject of a separate information and the fine then imposed is the total of that calculation.
(5) Where a person has been convicted of an offence and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence,
(a) the court may order the person to pay an additional fine in an amount equal to the court's estimation of the amount of the monetary benefits; and
(b) the amount of the fine for a prescribed offence, but the amount may not exceed $2,000.
39.7 (1) Where a person is convicted of an offence, the convicting court may, in addition to any punishment imposed, order that any seized thing by means of or in relation to which the offence was committed, or any proceeds of its disposition, be forfeited to Her Majesty.
(2) Where the convicting court does not order the forfeiture, the seized thing, or the proceeds of its disposition, must be returned to its lawful owner or the person lawfully entitled to it.
39.8 Where a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.
39.9 Where a person is convicted of an offence, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order containing one or more of the following prohibitions, directions or requirements:
(a) prohibiting the person from doing any act or engaging in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence;
(b) directing the person to take any action that the court considers appropriate to remedy or avoid any harm to estuarine, coastal or ocean waters, or their resources that resulted or may result from the commission of the offence;
(c) directing the person to publish, in any manner that the court considers appropriate, the facts relating to the commission of the offence;
(d) directing the person to pay the Minister or the government of a province compensation, in whole or in part, for the cost of any remedial or preventive action taken by or on behalf of the Minister or that government as a result of the commission of the offence;
(e) directing the person to perform community service in accordance with any reasonable conditions that may be specified in the order;
(f) directing the person to submit to the Minister, on application to the court by the Minister within three years after the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances;
(g) requiring the person to comply with any other conditions that the court considers appropriate for securing the person's good conduct and for preventing the person from repeating the offence or committing other offences; and
(h) directing the person to post a bond or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section.
39.10 (1) Where a person is convicted of an offence and the court suspends the passing of sentence pursuant to paragraph 737(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order containing one or more of the prohibitions, directions or requirements mentioned in section 16.
(2) Where the person does not comply with the order or is convicted of another offence, within three years after the order was made, the court may, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended.
39.11 (1) Proceedings by way of summary conviction in respect of an offence may be at any time within, but not later than, two years after the day on which the subject-matter of the proceedings became known to the Minister.
(2) A document appearing to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is proof of the matter asserted in it.''
Clause 40
Strike out line 11, at page 18, and substitute the following therefor:
``Canada, relating to the''
Clause 41
Strike out lines 24 to 38, at page 18, and lines 1 to 17, at page 19, and substitute the following therefor:
``41. (1) As the Minister responsible for Coast Guard services, the powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not assigned by law to any other department, board or agency of the Government of Canada, relating to:
(a) services for the safe economical and efficient movement of ships in Canadian waters through the provision of:
(i) aids to navigation systems and services,
(ii) marine communication and traffic management services,
(iii) ice breaking and ice management services,
(iv) channel maintenance;
(b) the marine component of the federal search and rescue program;
(c) pleasure craft safety, including the regulation of the construction, inspection, equipment and operation of pleasure craft;
(d) marine pollution prevention and response; and
(e) support of departments, boards and agencies of the Government of Canada through the provision of ships, aircraft and other marine services.
41. (2) The Minister shall ensure that the services referred to in sub-paragraphs (a)(i) to (iv) are provided in a cost effective manner.''
Clause 42
Strike out lines 12 to 14, at page 20, and substitute the following therefor:
``adjacent waters;
(i) participate in ocean technology development; and
(j) conduct studies to obtain traditional ecological knowledge for the purpose of understanding oceans and their living resources and ecosystems.''
Clause 43
Add, immediately after line 39, at page 20, the following:
``(c) may provide marine scientific advice, services and support to the Government of Canada and, on behalf of the government, to the governments of the provinces, to other states, international organizations and to other persons.''
Clause 45
Strike out lines 14 to 19, at page 21, and substitute the following therefor:
``45. As the Minister responsible for the hydrographic services, the powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not assigned by law to any other department, board and agency of the Government of Canada, relating to:
(a) setting standards and establishing guidelines for use by hydrographers and others in collecting data and preparing charts on behalf of the Minister; and
(b) providing hydrographic advice, services and support to the Government of Canada and, on behalf of the government, to the governments of the provinces, to other states, international organizations and to other persons.''
Clause 46
Delete Clause 46.
Clause 47
Delete Clause 47.
New Clause 53.1
Add, immediately after line 3, at page 23, the following:
``53. (1) The administration of this Act shall, within three years after the enactment of this Act, be reviewed by the Standing Committee on Fisheries and Oceans.
(2) The Committee shall undertake a comprehensive review of the provisions and operation of this Act, including the consequences of its implementation, and shall, within a year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report to Parliament thereon including a statement of any changes to this Act or its administration that the Committee would recommend.''
Clause 74
In the French version only, strike out lines 2 and 3, at page 31, and substitute the following therefor:
``règlement n'emporte aucune renonciation aux droits souverains du Canada sur les zones ainsi''
Clause 88
Strike out lines 13 to 15, at page 34, and substitute the following therefor:
``mined under the Oceans Act, and''
Strike out lines 34 and 35, at page 34, and substitute the following therefor:
``includes the seabed and subsoil below that zone, and''
New Clause 102.1
Add, immediately after line 17, at page 39, the following:
``102.1 Subsection 660.10(7) of the Act is replaced by the following:
(7) Each advisory council shall advise and may make recommendations to the Commissioner, and may report to the Minister or to any standing committee of either House of Parliament on Fisheries and Oceans or on Environment and shall receive a response to such report within 30 days or, if that House is not sitting, within 14 days after it resumes sitting.''
Your Committee has ordered a reprint of Bill C-98, as amended, as a working copy for the use of the House of Commons at the report stage.
A copy of the Minutes of Proceedings relating to this Bill (Issues Nos. 27 and 28 which includes this Report) is tabled.
Respectfully submitted,
RON MACDONALD,
Chairman.