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FINA Committee Report

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In accordance with its Order of Reference of Monday, April 23, 2018, your Committee has considered Bill C-74, An Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018, and other measures, and agreed on Wednesday, May 23, 2018, to report it with the following amendments:

Clause 186

That Bill C-74, in Clause 186, be amended :

(a) by adding after line 22 on page 162 the following:

eligible fishing activity means the operation of an eligible fishing vessel for the purposes of fishing or a prescribed activity. (activité de pêche admissible)”

(b) by adding before line 23 on page 162 the following:

eligible fishing vessel means property that is primarily used for the purposes of fishing and that is a fishing vessel or prescribed property, but does not include prescribed property. (navire de pêche admissible)”

(c) by adding after line 9 on page 163 the following:

fisher means a person that carries on a fishing business with a reasonable expectation of profit. (pêcheur)

fishing includes fishing for or catching shellfish, crustaceans and marine animals but does not include an office or employment under a person engaged in the business of fishing. (pêche)”

(d) by adding after line 37 on page 167 the following:

qualifying fishing fuel means a type of fuel that is gasoline, light fuel oil or a prescribed type of fuel. (combustible de pêche admissible)”

(e) by replacing line 17 on page 176 with the following:

“(iii.1) a fisher, if the fuel is a qualifying fishing fuel and the listed province is prescribed, or”

(f) by adding after line 24 on page 188 the following:

“24.1 (1) Subject to this Part, if at any time fuel is delivered in a listed province by a registered distributor in respect of that type of fuel to a particular person that is a fisher and an exemption certificate applies in respect of the delivery in accordance with section 36, the particular person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 to the extent that, at a later time, the fuel is

(a) used by the particular person in the listed province otherwise than in eligible fishing activities; or

(b) delivered by the particular person to another person unless the other person is a registered distributor in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36.

(2) The charge under subsection (1) becomes payable at the later time referred to in that subsection.

(3) The charge under subsection (1) is not payable if

 (a) at the later time referred to in that subsection, the particular person is not a fisher;

 (b) a charge is payable under section 37 in respect of the fuel; or

 (c) prescribed circumstances exist or prescribed conditions are met.

(4) Subject to this Part, if at any time fuel is delivered in a listed province by a registered distributor in respect of that type of fuel to a particular person that is a fisher, if an exemption certificate applies in respect of the delivery in accordance with section 36 and if the particular person ceases, at a later time, to be a fisher, the particular person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 to the extent that, at the later time, the fuel is held by the particular person in the listed province. The charge becomes payable at the later time.

(5) The charge under subsection (4) is not payable if

 (a) at the later time referred to in that subsection, the particular person is registered as a distributor in respect of that type of fuel;

 (b) at the later time referred to in that subsection, the particular person is a registered emitter, but only to the extent that, at the later time, the fuel is held at, or is in transit to, a covered facility of the person;

 (c) a charge is payable under section 37 in respect of the fuel; or

 (d) prescribed circumstances exist or prescribed conditions are met.”

(g) by adding after line 35 on page 196 the following:

“(vii.1) that the person is a fisher, that the fuel is for use exclusively in the operation of an eligible fishing vessel and that all or substantially all of the fuel is for use in the course of eligible fishing activities, or”

(h) by adding after line 8 on page 197 the following:

“(1.1) Despite subsection (1), if fuel is delivered to a fisher in a listed province that is not prescribed for the purposes of subparagraph 17(2)(a)(iii.1), an exemption certificate does not apply in respect of the delivery.”

(i) by adding after line 33 on page 198 the following:

“(d) the person is a fisher, the fuel is a qualifying fishing fuel, and an exemption certificate applies in respect of the delivery in accordance with section 36.”

(j) by adding after line 34 on page 211 the following:

 “(iii.1) to a fisher if the fuel is qualifying fishing fuel,”

That Bill C-74, in Clause 186, be amended by replacing lines 21 to 23 on page 315 with the following:

“Governor in Council shall take into account, as the primary factor, the stringency of provincial pricing mechanisms”

That Bill C-74, in Clause 186, be amended by replacing lines 20 and 21 on page 328 with the following:

“nor in Council shall take into account, as the primary factor, the”

Clause 404

That Bill C-74, in Clause 404, be amended by replacing lines 1 to 11 on page 535 with the following:

“715.‍36 (1) After an organization has accepted the offer to negotiate according to the terms of the notice referred to in section 715.‍33, the prosecutor must take reasonable steps to inform any victim, or any third party that is acting on the victim’s behalf, that a remediation agreement may be entered into.‍”

Schedule 6

That Bill C-74, in section 1 of the schedule to Part XXII.‍1 in Schedule 6 on page 556, be amended by adding the following after paragraph (z.‍3):

“(z.‍4) section 462.‍31 (laundering proceeds of crime).‍”

Your Committee has ordered a reprint of Bill C-74, as amended, as a working copy for the use of the House of Commons at the report stage.

A copy of the relevant Minutes of Proceedings (Meetings Nos. 145 to 157) is tabled.