FISH Committee Meeting
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MINUTES OF PROCEEDINGS
Meeting No. 63
Tuesday, February 9, 1999
The Standing Committee on Fisheries and Oceans met at 9:10 a.m. this day, in Room 536, Wellington Building, the Chair, Charles Hubbard, presiding.
Members of the Committee present: Yvan Bernier, Claude Drouin, Wayne Easter, Charles Hubbard, Nancy Karetak-Lindell, Gary Lunn, Carmen Provenzano, Lou Sekora, Paul Steckle, Peter Stoffer.
Acting Member present: Daniel Turp for Yves Rocheleau.
In attendance: From the Library of Parliament: Alan Nixon, Research Officer.
Witnesses: From the Department of Fisheries and Oceans Canada: Nadia Bouffard, Senior Advisor, Legal Issues and Canada-France, International Affairs Directorate; Earl Wiseman, Director General, International Affairs Directorate, Fisheries Management; From the Department of Foreign Affairs and International Trade: Howard Strauss, Director, Oceans, Environmental and Economic Law Division.
The Committee resumed consideration of Bill C-27, An Act to amend the Coastal Fisheries Protection Act and the Canada Shipping Act to enable Canada to implement the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and other international fisheries treaties or arrangements.
The Committee proceeded to Clause-by-Clause consideration of the Bill.
On Clause 1
Wayne Easter moved, - That Clause 1 be amended by replacing lines 2 to 10 on page 3 with the following:
"an organization of foreign states prescribed by regulation;"
After debate, the question being put on the amendment, it was agreed to on division.
By unanimous consent, Clause 1 was allowed to stand, and the Committee proceeded to Clause 8.
On Clause 8
Gary Lunn moved, - That Clause 8 be amended by replacing line 42 on page 6 with the following:
"subparagraph 6(e)(iii), any"
After debate, the question being put on the amendment, it was negatived on division.
Wayne Easter moved, - That Clause 8 be amended by replacing lines 41 to 47 on page 6 and lines 1 to 21 on page 7 with the following:
"16.1 Despite the geographic limitations referred to in section 7, any power conferred on a protection officer by or under this Act may be exercised by the officer
(a) subject to section 16.2 and to any regulation made under subparagraph 6(e)(iii), in respect of a fishing vessel of a participating state found in an area of the sea designated under subparagraph 6(e)(ii);
(b) subject to any regulation made under subparagraph 6(f)(iii), in respect of a fishing vessel of a state party to a treaty or an arrangement described in paragraph 6(f) when the vessel is found in an area of the sea designated under subparagraph 6(f)(ii); or
(c) in respect of a fishing vessel without nationality found in an area of the sea designated under subparagraph 6(e)(ii) or (f)(ii).
16.2 (1) A protection officer may, in an area of the sea designated under subparagraph 6(e)(ii), board and inspect a fishing vessel of a participating state to ensure compliance with section 5.3 and any regulations made under subparagraph 6(e)(i). An officer who believes on reasonable grounds that the vessel has contravened section 5.3 may, with a warrant issued under section 7.1 or without a warrant in exigent circumstances, search the vessel and exercise the power under section 9 to seize evidence.
(2) If the protection officer believes on reasonable grounds that the vessel has contravened section 5.3, the officer shall without delay inform the participating state.
(3) In addition to the powers referred to in subsection (1), a protection officer may, with the consent of the participating state, exercise any powers referred to in section 16.1. The officer is deemed to have received the consent of the state if the state
(a) has not responded within the period prescribed by regulation; or
(b) has responded but is not fully investigating the alleged contravention."
After debate, the question being put on the amendment, it was agreed to on division.
Clause 8, as amended, carried on division.
By unanimous consent, the Committee reverted to stood Clause 1.
Wayne Easter moved, - That Clause 1 be amended by replacing line 14 on page 3 with the following:
"and (vi), paragraphs 16.1(b) and 17(2)(b)"
After debate, the question being put on the amendment, it was agreed to on division.
Clause 1, as amended, carried on division.
On Clause 2
Wayne Easter moved, - That Clause 2 be amended by
(a) replacing line 23 on page 3 with the following:
"(a) contravene a measure or regulation designated under"
(b) replacing line 27 on page 3 with the following:
"contravention of a measure or regulation designated under"
After debate, by unanimous consent, the amendment and Clause 2 were allowed to stand.
By unanimous consent, Clause 2 was allowed to stand.
On Clause 3
Wayne Easter moved, - That Clause 3 be amended by
(a) replacing line 24 on page 4 with the following:
"(i) incorporating by reference, or carrying out and giving effect to, any con-"
(b) replacing line 33 on page 4 with the following:
"the measures incorporated by reference or regulations made under this subparagraph those the contravention of"
(c) replacing line 43 on page 4 with the following:
"incorporated by reference and the regulations made under subpara-"
After debate, the question being put on the motion, it was agreed to on division.
By unanimous consent, the Committee proceeded to stood Clause 2.
On Clause 2
The Committee resumed debate on stood Clause 2 and the amendment of Wayne Easter.
That Clause 2 be amended by
(a) replacing line 23 on page 3 with the following:
"(a) contravene a measure or regulation designated under"
(b) replacing line 27 on page 3 with the following:
"contravention of a measure or regulation designated under"
After debate, the question being put on the motion, it was agreed to on division.
The Committee proceeded to Clause 3.
Wayne Easter moved, - That Clause 2 be amended by replacing line 36 on page 3 with the following:
"travene a measure or regulation designated under"
The question being put on the amendment, it was agreed to on division.
Wayne Easter moved, - That Clause 2 be amended by replacing lines 4 to 9 on page 4 with the following:
"subparagraph 6(e)(ii), fish or prepare to fish or contravene a measure or regulation designated under subparagraph 6(e)(i); or
(b) in an area of the sea designated under subparagraph 6(f)(ii), fish or prepare to fish or contravene a measure or regulation designated under subparagraph"
The question being put on the amendment, it was agreed to on division.
Clause 2, as amended, carried on division.
On Clause 3
Wayne Easter moved, - That Clause 3 be amended by
(a) deleting line 8 on page 5, and
(b) replacing line 13 on page 5 with the following:
"state, and
(vii) prescribing a participating state for the purposes of this Act; and"
The question being put on the amendment, it was agreed to on division.
Wayne Easter moved, - That Clause 3 be amended by
(a) replacing lines 21 to 25 on page 5 with the following:
"(i) incorporating by reference, or carrying out and giving effect to, any of those measures and designating from amongst the measures incorporated by reference or regulations made under this subparagraph those the contraven-"
(b) replacing lines 34 and 35 on page 5 with the following:
"measures incorporated by reference or regulations made under subparagraph (i), the"
The question being put on the amendment, it was agreed to on division.
Clause 3, as amended, carried on division.
On Clause 4
Nancy Karetak-Lindell moved, - That Clause 4 be amended by replacing lines 8 to 17 on page 6 with the following:
"7.01 (1) If a protection officer believes on reasonable grounds that a fishing vessel of a participating state or of a state party to a treaty or an arrangement described in paragraph 6(f) has engaged in unauthorized fishing in Canadian fisheries waters and the officer finds the vessel in an area of the sea designated under subparagraph 6(e)(ii) or (f)(ii), the officer may, with the consent of that state, take any enforcement action that is consistent with this Act.
(2) Subsection (1) does not affect any powers the protection officer may have in the case of"
After debate, the question being put on the motion, it was agreed to on division.
Clause 4, as amended, carried on division.
At 11:20 a.m., the Committee adjourned until 9:00 a.m. Thursday, February 11, 1999.
William Farrell
Clerk of the Committee