Issue 28

MINUTES OF PROCEEDINGS

WEDNESDAY, NOVEMBER 1, 1995
(Meeting No. 47)

[Text]

The Standing Committee on Fisheries and Oceans met at 2:30 o'clock p.m. this day, in Room 701, La Promenade, the Chairman, Ron MacDonald, presiding.

Members of the Committee present: Herb Dhaliwal, Ron MacDonald, Jean Payne, Mike Scott, Harry Verran, Derek Wells.

In attendance: From the Research Branch of the Library of Parliament: Alan Nixon, Research Officer.

Witnesses: By Teleconference: FROM HALIFAX, NOVA SCOTIA: From the Centre for Foreign Policy Studies / Naval Officers Association of Canada: Rear Admiral Fred W. Crickard, RCN (retired), National President, Naval Officers Association of Canada. From the Oceans Institute of Canada: David VanderZwaag, Associate; David Copp, Associate; Phillip Saunders, Associate; Dr. Aldo Chircop, Associate. From the Nova Scotia Legislative Assembly: Robert Chisholm, MLA (Halifax-Atlantic), NDP Fisheries Critic. From Area 18 Snow Crab Fishermen's Association: Cameron MacKenzie, President. From Nova Scotia Fish: Joseph Boudreau, Director, Gulf Region. FROM OTTAWA, ONTARIO: From Area 19 Snow Crab Fishermen's Association: Deborah M. Baker, Barrister & Solicitor. FROM HALIFAX, NOVA SCOTIA: From the Environmental Coalition of P.E.I.: Irene Novaczek, Fisheries Coordinator. Individual presentation: Stuart Beaton. From the Nova Scotia Oceans Initiative: Hugh A. Macpherson, Member, Advisory Council; Fred Guptill, Member, Advisory Council. From West Nova Fishermen's Coalition: Henry Surette, Vice-President. From the Coastal Community Network: Jim Legge. From the Department of Fisheries and Oceans: Barry Rashotte, Director, Resource Management-Atlantic; Camille Mageau, Senior Advisor, Oceans Program Branch; Jack Gallagher, Strategic Planning Group, Canadian Coast Guard.

Pursuant to an Order of Reference of the House dated October 3, 1995, the Committee resumed consideration of Bill C-98, An Act respecting the oceans of Canada (See Minutes of Proceedings dated Thursday, October 5, 1995, Issue No. 27).

The witnesses made opening statements and answered questions.

Barry Rashotte, Camille Mageau and Jack Gallagher answered questions.

At 8:15 o'clock p.m., the Committee adjourned to the call of the Chair.

THURSDAY, NOVEMBER 2, 1995
(Meeting No. 48)

The Standing Committee on Fisheries and Oceans met at 9:15 o'clock a.m. this day, in Room 308, West Block, the Chairman, Ron MacDonald, presiding.

Members of the Committee present: Diane Ablonczy, Herb Dhaliwal, Ron MacDonald, Jean Payne, Derek Wells.

In attendance: From the Research Branch of the Library of Parliament: Alan Nixon, Research Officer.

Witnesses: From the Chamber of Maritime Commerce/Canadian Shipowner's Association: Jim Campbell, General Manager, Chamber of Maritime Commerce; Captain Réjean Lanteigne, Canadian Shipowner's Association. From the World Wildlife Fund: Cheri A. Recchia, Manager, Marine Protected Areas, Endangered Spaces Campaign. From the World Conservation Union (UICN): Tim Lash, Executive Director. From the Department of Fisheries and Oceans: Dr. L. Scott Parsons, Assistant Deputy Minister, Science; Mike Turner, Deputy Commissioner, Canadian Coast Guard.

Scott Parsons made an opening statement and with the other witness, answered questions.

At 10:05 o'clock a.m., the sitting was suspended.

At 10:50 o'clock a.m., the sitting was resumed.

The witnesses made opening statements and answered questions.

At 12:25 o'clock a.m., the Committee adjourned to the call of the Chair.

THURSDAY, NOVEMBER 2, 1995
(Meeting No. 49)

The Standing Committee on Fisheries and Oceans met at 3:40 o'clock p.m. this day, in Room 701, La Promenade, the Chairman, Ron MacDonald, presiding.

Members of the Committee present: Herb Dhaliwal, Ron MacDonald, Jean Payne.

Acting Members present: Randy White for Mike Scott; Ron Fewchuk for Derek Wells.

In attendance: From the Research Branch of the Library of Parliament: Alan Nixon, Research Officer.

Witnesses: By Teleconference: FROM ST. JOHN'S, NEWFOUNDLAND: From the Management and Committee of Action: Environment: Shelley Bryant. From Newfoundland Shipowner's Association: Wayne Davis, Executive Director. From Newfoundland Oceans Industries Association: Frank Smith, President.

The witnesses made opening statements and answered questions.

At 5:05 o'clock p.m., the Committee adjourned to the call of the Chair.

THURSDAY, NOVEMBER 2, 1995
(Meeting No. 50)

The Standing Committee on Fisheries and Oceans met at 6:30 o'clock p.m. this day, in Room 701, La Promenade, the Chairman, Ron MacDonald, presiding.

Members of the Committee present: Herb Dhaliwal, Ron MacDonald, Jean Payne.

Acting Member present: Jack Frazer for Mike Scott.

In attendance: From the Research Branch of the Library of Parliament: Alan Nixon, Research Officer.

Witnesses: By Teleconference: VANCOUVER, BRITISH COLUMBIA: From the Pacific Fishermen's Alliance: Philip Eidsvik. From the Canadian Ocean Frontiers Research Initiative: John Madden, Chairman; John Spence, Oceans Coordinator. From the Pacific Institute of Deep Sea Technology: Gerald Hamilton, Chairman. From the West Coast Environmental Law Association: Linda Nowlan, Staff Lawyer. From Greenpeace Canada: Catherine Stewart, Fisheries Campaigner. From the Department of Fisheries and Oceans: Don Kowal, Director, Resource Management Branch - Pacific, Arctic & Island Waters.

The witnesses made opening statements and answered questions.

Don Rowal answered questions.

At 8:45 o'clock p.m., the Committee adjourned to the call of the Chair.

TUESDAY, NOVEMBER 7, 1995
(Meeting No. 51)

The Standing Committee on Fisheries and Oceans met at 9:10 o'clock a.m. this day, in Room 705, La Promenade, the Chairman, Ron MacDonald, presiding.

Members of the Committee present: Yvan Bernier, Herb Dhaliwal, Ron MacDonald, Joe McGuire, Jean Payne, Mike Scott, Derek Wells.

In attendance: From the Research Branch of the Library of Parliament: Alan Nixon, Research Officer.

Witnesses: From the Department of Fisheries and Oceans: J.K. Thomas, Senior Assistant Deputy Minister and Commissioner, Canadian Coast Guard; Jack Gallagher, Strategic Planning Group, Canadian Coast Guard. From the Shipping Federation of Canada: Captain F.C. Nicol, President; Sonya Simard, Executive Assistant. From the Canadian Meteorological and Oceanographic Society: Dr. N.J. Campbell, Executive Director; Dr. Lawrence Mysak, Member and Professor, Department of Atmospheric and Oceanic Science, McGill University.

The witnesses made opening statements and answered questions.

Sonya Simard and Jack Gallagher answered questions.

At 11:25 o'clock a.m., the Committee adjourned to the call of the Chair.

Eugene Morawski

Clerk of the Committee

WEDNESDAY, NOVEMBER 8, 1995
(Meeting No. 52)

The Standing Committee on Fisheries and Oceans met at 3:32 o'clock p.m. this day, in Room 701, La Promenade, the Chairman, Ron MacDonald, presiding.

Members of the Committee present: Herb Dhaliwal, Ron MacDonald, Joe McGuire, Jean Payne, Mike Scott and Derek Wells.

Acting Member present: Jan Brown for Diane Ablonczy.

In attendance: From the Research Branch of the Library of Parliament: Alan Nixon, Research Officer.

Witnesses: From the Department of Human Resources Development Canada: Marcel Nouvet, Senior Director General, Human Resource Investment Branch; Paul Touesnard, Senior Policy Analyst, The Atlantic Groundfish Strategy.

In accordance with its mandate under Standing Order 108(2), the Committe resumed consideration of the Atlantic Groundfish Strategy (TAGS) (See Minutes of Proceedings, dated April 21, 1994, Issue No. 11).

Marcel Nouvet made an opening statement and with the other witness answered questions.

At 4:51 o'clock p.m., the Committee adjourned to the call of the Chair.

Roger Préfontaine

Committee Clerk

THURSDAY, NOVEMBER 9, 1995
(Meeting No. 53)

The Standing Committee on Fisheries and Oceans met at 9:10 o'clock a.m. this day, in Room 536, Wellington Bldg., the Chairman, Ron MacDonald, presiding.

Members of the Committee present: Diane Ablonczy, Herb Dhaliwal, Ron MacDonald, Joe McGuire, Jean Payne, Harry Verran and Derek Wells.

In attendance: From the Research Branch of the Library of Parliament: Alan Nixon, Research Officer.

Witnesses: From Inuit Tapirisat of Canada: Mary Sillett, Vice-President; Angela Stadel, Environment Researcher. From Nunavut Tunngavik Inc.: Paul Okalik, Advisor; Bruce Gillies, Environmental Coordinator; Laurie Pelly, Legal Counsel. From the Department of Fisheries and Oceans: Gerry Swanson, Director General, Habitat Management and Environmental Science; Mary Jean Comfort, Habitat Programs Biologist.

Mary Sillett made an opening statement and with the other witnesses answered questions.

Paul Okalik made an opening statement and with the other witnesses answered questions.

Departmental Officials answered questions.

It was agreed,--That Departmental Officials from the Department of Fisheries and Oceans and Indian Affairs and a representative from Nunavut Tunngavik Inc. be invited to appear on Tuesday, November 21, 1995.

At 10:35 o'clock a.m., the Committee adjourned to the call of the Chair.

Bill Farrell

Committee Clerk

MONDAY, NOVEMBER 20, 1995
(Meeting No. 54)

The Standing Committee on Fisheries and Oceans met at 3:35 o'clock p.m. this day, in Room 269, West Block, the Chairman, Ron MacDonald, presiding.

Members of the Committee present: Yvan Bernier, Herb Dhaliwal, Ron MacDonald, Joe McGuire, Jean Payne, Mike Scott and Derek Wells.

In attendance: From the Research Branch of the Library of Parliament: Alan Nixon, Research Officer.

Appearing: The Honourable Brian Tobin, Minister of Fisheries and Oceans.

Witnesses: From the Department of Justice: Clare Beckton, General Counsel, Legal Services, Fisheries and Oceans. From the Department of Fisheries and Oceans: Mike Turner, Deputy Commissioner, Canadian Coast Guard.

The Minister made an opening statement and with the witnesses, answered questions.

At 5:10 o'clock p.m., the Committee adjourned to the call of the Chair.

TUESDAY, NOVEMBER 21, 1995
(Meeting No. 55)

The Standing Committee on Fisheries and Oceans met at 9:25 o'clock a.m. this day, in Room 536, Wellington Bldg., the Chairman, Ron MacDonald, presiding.

Members of the Committee present: Herb Dhaliwal, Ron MacDonald, Joe McGuire, Jean Payne, Mike Scott, Harry Verran and Derek Wells.

In attendance: From the Research Branch of the Library of Parliament: Alan Nixon, Research Officer.

Witnesses: From the Department of Fisheries and Oceans: Redmond Clarke, Director, Fisheries Management, Central and Arctic Region; Mary Jean Comfort, Senior Advisor, Oceans Act. From the Department of Indian Affairs and Northern Development: Terry Henderson, Director General, Claims Implementation Branch; Mary Temple, Legal Counsel, Comprehensive Claims. From Nunavut Tunngavik Inc.: Bruce Gillies, Environmental Coordinator; Laurie Pelly, Legal Counsel; Paul Okalik, Advisor. From Nunavut Wildlife Management Board: Michael D'Eca, Barrister & Solicitor.

The witnesses made opening statements and answered questions.

It was agreed,--That pursuant to Standing Order 120, the Committee retains the services of Nancy Averell, as a consultant for the Standing Committee on Fisheries and Oceans study of Bill C-98, An Act respecting the oceans of Canada for the period of November 1 to December 15, 1995 at $85.57 per hour not exceeding $599.00 per day, plus $200.00 for miscellaneous fees for a total amount not exceeding $10,000.00.

At 11:15 o'clock a.m., the Committee adjourned to the call of the Chair.

TUESDAY, NOVEMBER 28, 1995
(Meeting No. 56)
The Evidence for this meeting is not available because it was held in camera.

The Standing Committee on Fisheries and Oceans met in camera at 10:00 o'clock a.m. this day, in Room 701, La Promenade, the Chairman, Ron MacDonald, presiding.

Members of the Committee present: Herb Dhaliwal, Ron MacDonald, Joe McGuire, Jean Payne, Harry Verran, Derek Wells.

Acting Member present: Mike Scott for Jim Gouk.

In attendance: From the Research Branch of the Library of Parliament: Alan Nixon, Research Officer.

The Committee proceeded to a briefing session.

At 10:40 o'clock a.m., the Committee adjourned to the call of the Chair.

TUESDAY, DECEMBER 5, 1995
(Meeting No. 57)

The Standing Committee on Fisheries and Oceans met at 9:52 o'clock a.m. this day, in Room 269, West Block, the Chairman, Ron MacDonald, presiding.

Members of the Committee present: Diane Ablonczy, Yvan Bernier, Herb Dhaliwal, Ron MacDonald, Joe McGuire, Jean Payne, Mike Scott, Harry Verran, Derek Wells.

In attendance: From the Research Branch of the Library of Parliament: Alan Nixon, Research Officer. From the Legislative Counsel Office: Philippe Ducharme, Legislative Counsel.

Witnesses: From the Department of Fisheries and Oceans: Dr. L. Scott Parsons, Assistant Deputy Minister, Science; Mike Turner, Deputy Commissioner, Canadian Coast Guard; Michelle Chartrand, Director General, Program Planning and Coordination; Camille Mageau, Senior Advisor, Oceans Programs Branch; Jack Gallagher, Strategic Planning Group, Canadian Coast Guard. From the Department of Justice: Allan Willis, Senior General Counsel, Constitutional and International Law Section; Hedy Kirkby, Legal Counsel. From Foreign Affairs and International Trade: Robert Rochon, Director General and Deputy Legal Advisor, Bureau of Legal Affairs.

The Committee proceeded to clause by clause study of Bill C-98, An Act respecting the oceans of Canada.

Pursuant to Standing Order 75(1) the Preamble and Clause 1 stood.

On Clause 2

The witnesses answered questions.

Clause 2 carried.

On new Clause 2.1

Herb Dhaliwal moved,--That new Clause 2.1 be added immediately after line 44, on page 2:

``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.''

On Clause 3

Yvan Bernier moved,--That Clause 3 be amended by replacing line 2, on page 3, with the following:

``right of Canada''.

After debate, the question being put on the amendment, it was negatived.

Clause 3 carried.

Clause 4 carried.

Clauses 5 to 9 carried severally.

On Clause 10

Herb Dhaliwal moved,--That Clause 10 be amended in the French version only, by striking out lines 27 and 28, on page 5, and substituting the following therefor:

``riale d'un autre État, ou assujetti aux droits souverains d'un autre État.''

The question being put on the amendment, it was agreed to.

Clause 10, as amended, carried.

On Clause 11

Herb Dhaliwal moved,--That Clause 11 be amended by striking out lines 35 to 38, on page 5, and substituting 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.''

After debate, Mike Scott moved,--That the amendment be amended by striking out the words ``, subject to Canada's international obligations,''.

After debate, the sub-amendment was, by unanimous consent, withdrawn.

The question being put on the amendment, it was agreed to.

Clause 11, as amended, carried.

On Clause 12

Herb Dhaliwal moved,--That Clause 12 be amended by striking out lines 39 to 45, on page 5, and substituting 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.''

After debate, the question being put on the amendment, it was agreed to.

Clause 12, as amended, carried.

Clause 13 carried.

On Clause 14

Herb Dhaliwal moved,--That Clause 14 be amended in the French version only,

(a) by striking out lines 22 to 24, on page 6, and substituting 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-''

(b) by striking out line 33, on page 6, and substituting the following therefor:

``b) compétence pour la mise en place et l'utilisation d'îles''

``c) les autres droits et obligations prévus''

The question being put on the amendment, it was agreed to.

Yvan Bernier moved,--That Clause 14 be amended

(a) by replacing line 28, on page 6, with the following:

``14. (1) Canada has''

(b) by adding after line 5, on page 7, the following:

``(2) For greater certainty, nothing in subsection (1) abrogates or derogates from the rights and legislative jurisdiction of the provinces.''.

After debate, the question being put on the amendment, it was negatived on the following recorded vote:

YEAS

Yvan Bernier--(1)

NAYS

Herb Dhaliwal
Mike Scott
Joe McGuire
Harry Verran
Jean Payne
Derek Wells--(6)

Clause 14, as amended, carried.

By unanimous consent, the Committee reverted to Clause 12, as amended.

After debate, Clause 12, as amended, carried.

On Clause 15

After debate Clause 15 carried.

Clause 16 carried.

On Clause 17

Herb Dhaliwal moved,--That Clause 17 be amended in the French version only,

(a) by striking out lines 14 and 15, on page 7, and substituting the following therefor:

``est constitué des fonds marins et de leur sous-sol -- y compris ceux de la''

(b) by striking out line 20, on page 7, and substituting the following therefor:

``a) soit jusqu'au rebord externe de la''

The question being put on the amendment, it was agreed to.

Clause 17, as amended, carried.

On Clause 18

Herb Dhaliwal moved,--That Clause 18 be amended in the French version only, by striking out lines 6 and 7, on page 8, and substituting the following therefor:

``18. Les droits souverains du Canada sur son plateau continental s'étendent à l'exploration de ce-''

The question being put on the amendment, it was agreed to.

Herb Dhaliwal moved,--That Clause 18 be amended in the English version only, by striking out line 12, on page 8, and substituting the following therefor:

``other non-living natural resources of the seabed and''

The question being put on the amendment, it was agreed to.

Clause 18, as amended, carried.

Clause 19 to 22 carried, severally.

On Clause 23

Derek Wells, moved,--That Clause 23 be amended by striking out line 17, on page 11, and substituting the following therefor:

``Minister of Fisheries and Oceans containing a''

The question being put on the amendment, it was agreed to.

Clause 23, as amended, carried.

On Clause 24

Herb Dhaliwal moved,--That Clause 24 be amended by striking out lines 34 to 38, at page 11.

The question being put on the amendment, it was agreed to.

Clause 24, as amended, carried.

On Clause 25

Herb Dhaliwal moved,--That Clause 25 be amended, in the French version only,

(a) by striking out lines 12 and 13, on page 12, and substituting the following therefor:

``sur un espace maritime assujetti aux droits souverains d'un autre État, ou placerait''

(b) by striking out line 23, on page 12, and substituting the following therefor:

``maritime assujetti aux droits souverains d'un''

``mique exclusive, ou celle du plateau continental, notamment le rebord externe de la marge continentale;''

The question being put on the amendment, it was agreed to.

Clause 25, as amended, carried.

Clause 26 carried.

On Clause 27

Mike Scott moved,--That Clause 27 be amended by striking out line 28, on page 14, and substituting the following therefor:

``ested persons and provinces to make representations with re-''

The question being put on the amendment, it was agreed to.

Clause 27, as amended, carried.

On Clause 29

Herb Dhaliwal moved,--That Clause 29 be amended by striking out lines 36 to 39, on page 14 and substituting the following therefor:

``29. The Minister, in collaboration with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments, aboriginal organizations and with interested persons and bodies, including those bodies established under land claims agreements, shall lead and facilitate the''

After debate Mike Scott moved,--That the amendment be amended by striking out the words ``aboriginal organizations'' and replacing them with ``affected municipalities and communities, including those of an Indian band or Inuit community''.

After debate, the sub-amendment stood.

After debate, the amendment stood.

Clause 29 stood.

On Clause 30

Harry Verran moved,--That Clause 30 be amended by adding immediately after line 13, on page 15, the following:

``(c) the precautionary approach, that is erring on the side of caution when scientific information is uncertain or incomplete.''

After debate, the amendment stood.

Clause 30 stood.

On Clause 31

Derek Wells moved,--That Clause 31 be amended by striking out lines 14 to 22, on page 15 and substituting the following therefor:

``31. The Minister, in collaboration with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments, aboriginal organizations and with interested 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.''

After debate, the amendment stood.

Clause 31 stood.

On Clause 32

Mike Scott moved,--That Clause 32 be amended by striking out lines 29 to 45, on page 15 and lines 1 to 5, on page 16 and substituting the following therefor:

``(b) 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) 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 Governement of Canada, provincial and territorial governments, aboriginal organizations and interested 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) in consultation with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governements, aboriginal organizations and with interested persons and bodies, including those bodies established under land claims agreements, establish marine environmental quality guidelines, objectives and criteria respecting estuaries, coastal waters and marine waters.''

After debate, the amendment stood.

Clause 32 stood.

On new Clause 32.1

Joe McGuire moved,--That new Clause 32.1 be added immediately after line 5, on page 16:

``32.1 The Governor in Council may, on the recommendation of the Minister of Fisheries and Oceans, make regulations for carring 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;

After debate, the questions being put on the amendment, it was agreed to, on division.

New Clause 32.1 carried on division.

On Clause 33

Clause 33 stood.

Clause 34 carried.

On Clause 35

At 1:00 oclock p.m., the sitting was suspended.

At 3:40 oclock p.m., the sitting was resumed.

On Clause 35

Joe McGuire moved,--That Clause 35 be amended by striking out lines 35 to 44, on page 16 and lines 1 and 2, on page 17 and substituting the following:

``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;

(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 Section 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.''

The question being put on the amendment, it was agreed to.

Clause 35, as amended, carried.

On Clause 36

Herb Dhaliwal moved,--That Clause 36 be amended by striking out lines 3 to 7, on page 17 and substituting 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 approve by an Act or Parliament.''

The question being put on the amendment, it was agreed to.

Mike Scott moved,--That Clause 36, as amended, be further amended by striking out line 12, on page 17 and substituting the following:

``not repeated ceases to have effect 10 days''

The question being put on the amendment, it was negatived.

Clause 36, as amended, carried.

On Clause 37

Derek Wells moved,--That Clause 37 be amended by striking out line 18 to 29, on page 17 and substituting 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.''

The question being put on the amendment, it was agreed to.

Clause 37, as amended, carried.

Clause 38 carried.

On Clause 39

Jean Payne moved,--That Clause 39 be amended by striking out lines 41 to 45, on page 17 and lines 1 to 4, on page 18 and substituting 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;

(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 described 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 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.

OFFENCES AND PUNISHMENT

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 courts 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 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.''

The question being put on the amendment, it was agreed to.

Clause 39, as amended, carried.

On Clause 40

Jean Payne moved,--That Clause 40 be amended by striking out line 11, on page 18 and substituting the following therefor:

``Canada, relating to the''

The question being put on the amendment, it was agreed to.

Clause 40, as amended, carried.

On Clause 41

Jean Payne moved,--That Clause 41 be amended by striking out lines 24 to 35, on page 18 and substituting the following:

``41. 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''

After debate, the amendment was stood.

Mike Scott moved,--That Clause 41 be amended by striking out line 36 and 37, on page 18 and substituting the following:

(a) In an economical and efficient manner, the services for the safe movement of shy in ship in Canadian''

After debate, the amendment was stood.

Clause 41 was stood.

On Clause 42

Jean Payne moved,--That Clause 42 be amended by striking out lines 12 to 14, on page 20 and substituting 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.''

After debate, Mike Scott moved,--That the amendment be amended by adding after the word knowledge the following:

``meaning knowledge from communities or individuals having been in contact with marine resources, such as Fishermen for fisheries''.

The question being put on the amendment, it was negatived.

The questiong being put on the amendment, it was agreed to.

Clause 42, as amended, carried.

On Clause 43

Jean Payne moved,--That Clause 43 be amended by adding immediately after line 39 on page 20 the following:

``(c) may provide marine scientific advise, 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 person.''

Clause 43, as amended, carried.

Clause 44 carried.

On Clause 45

Jean Payne moved,--That Clause 45 be amended by striking out lines 14 to 19, on page 21, and substituting 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.''

The question being put on the amendment, it was agreed to.

Clause 45, as amended, carried.

Clauses 46 and 47 were negatived.

Clause 48 carried.

On Clause 49

Mike Scott moved,--That Clause 49 be amended by striking out lines 5 to 9, on page 22 and substituting the following therefor:

``(2) Fees for a service or the use of a facility that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the specific service or the use of the facility to the specific marine sector within the specific geographical marine environment in which the service is delivered, according to the stipulation contained in Section 41(2).''

After debate, the question being put on the amendment, it was negatived on the following recorded vote:

YEAS

Mike Scott--(1)

NAYS

Yvan Bernier
Jean Payne Herb Dhaliwal
Harry Verran--(5) Joe McGuire

After debate Clause 49 carried, on division.

Clauses 50 to 53 carried severally.

On new Clause 53.1

Mike Scott moved,--That new clause 53.1 be added immediately after line 3, on page 23:

``53. (1) The administration of this Act shall, within five 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 and shall, including the consequences of its implementation, 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.''

The question being put on the amendment, it was agreed to.

Clauses 54 to 73 carried severally.

On Clause 74

Herb Dhaliwal moved,--That Clause 74, be amended in the French version only, by striking out lines 2 and 3, on page 31, and substituting the following therefor:

``règlement n'emporte aucune renonciation aux droits souverains du Canada sur les zones ainsi''

The question being put on the amendment, it was agreed to.

Clause 74, as amended, carried.

Clauses 75 to 87 carried severally.

On Clause 88

Herb Dhaliwal moved,--That Clause 88 be amended

(a) by striking out lines 13 to 15, on page 34, and substituting the following therefor:

``mined under the Oceans Act, and''

(b) by striking out lines 34 and 35, at page 34, and substituting the following therefor:

``includes the seabed and subsoil below that zone, and''

The question being put on the amendment, it was agreed to.

Clause 88, as amended, carried.

Clauses 89 to 102, carried.

On new Clause 102.1

Herb Dhaliwal moved,--That new Clause 102.1 be added immediately after line 17 on page 39:

``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.''

Clauses 103 to 109 carried severally.

By unanimous consent, the Committee reverted to Clause 29.

By unanimous consent, the sub-amendment was withdrawn.

By unanimous consent, the amendment was withdrawn.

Mike Scott moved,--That Clause 29 be amended by striking out lines 36 to 39, on page 14 and substituting the following:

``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 29, as amended, carried on division.

By unanimous consent, the Committee reverted to Clause 30.

By unanimous consent, the amendment was withdrawn.

Harry Verran moved,--That Clause 30 be amended by adding immediately after line 13, on page 15 the following:

``(c) the precautionary approach, that is erring on the side of caution.''

After debate, the question being put on the amendment, it was agreed to, on division.

Clause 30, as amended, carried on division.

By unanimous consent, the Committee reverted to Clause 31.

By unanimous consent, the amendment was withdrawn.

Derek Wells moved,--That Clause 31 be amended by striking out lines 14 to 17, on page 15 and substituting the following:

``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 agreeements, shall lead and facilitate the development and implementation of a national strategy for the management of estuarine, coastal and marine ecosystems in waters that form part of Canada or in which Canada has sovereign rights under international law.''

After debate, the amendment was agreed to, on division.

Clause 31, as amended, carried, on division.

By unanimous consent, the Committee reverted to Clause 32.

By unanimous consent, the amendment was withdrawn.

Mike Scott moved,--That Clause 32 be amended by striking out lines 23 to 45, on page 15 and line 1, on page 16 and substituting 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.''

The question being put on the amendment, it was agreed to.

Clause 32, as amended, carried.

By unanimous consent, the Committee reverted to Clause 33.

Mike Scott moved,--That Clause 33 be amended by striking out lines 8 to 20, on page 16 and substituting the following:

``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;

(d) may make grants and contributions on terms and conditions approved by the Treasury Board; and

(e) may make recoverable expenditures on be-''

By striking out lines 27 to 30, on page 16, and substituting 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.''

The question being put on the amendment, it was agreed to.

Clause 33, as amended, carried.

By unanimous consent, the Committee reverted to Clause 41.

By unanimous consent the sub-amendment was withdrawn.

By unanimous consent, the amendment was withdrawn.

At 5:25 o'clock p.m., the sitting was suspended.

At 6:00 o'clock p.m., the sitting was resumed.

Jean Payne moved,--That Clause 41 be amended by striking out lines 24 to 38, on page 18 and lines 1 to 17, on page 19 and substituting the following:

``41. (1) As the Minister responsible for Coast Guard services, the powers, duties and functions of the Minister extend to and include all maters 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 throught 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) (1) to (10) are provided in a cost effective manner.''

The questions being put on the amendment, it was agreed to.

Clause 41, as amended, carried.

On the Preamble

Herb Dhaliwal moved,--That the Preamble be amended, in the French version only, by striking out line 13, on page 1, and substituting the following therefor:

``lois internes, les droits souverains du Canada sur''

The question being put on the amendment, it was agreed to.

Herb Dhaliwal moved,--That the Preamble, as amended, be further amended by adding immediately after line 15, on 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, with affected aboriginal organizations, municipalities and communities, persons and bodies, including those bodies established under land claims agreements is encouraging the development and implementation of a mational strategy for the management of estuarine, coastal and marine ecosystems;''

The question being put on the amendment, it was agreed to.

The Preamble, as amended, carried.

Clause 1 carried.

The Title carried.

The Bill, as amended, carried.

Ordered,--That the Bill, as amended, be reprinted for use of the House at report stage.

Ordered,--That the Chairman report the Bill, as amended, to the House.

At 6:23 o'clock p.m., the Committee adjourned to the call of the Chair.

Eugene Morawski

Clerk of the Committee

MINUTES OF PROCEEDINGS

Mike Scott--(1)

Yvan BernierJean Payne Herb DhaliwalHarry Verran--(5) Joe McGuire

Yvan Bernier
Jean Payne Herb Dhaliwal
Harry Verran--(5) Joe McGuire