An Act to amend the Fisheries Act and other Acts in consequence (S.C. 2019, c. 14)
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Assented to 2019-06-21
R.S., c. F-14Fisheries Act (continued)
26 The Act is amended by adding the following after section 39:
Marginal note:Exercise of powers
39.1 Every power that may be exercised in Canada by an inspector under this Act may be exercised anywhere this Act applies.
Marginal note:1991, c. 1, s. 10(1); 2012, c. 19, s. 147(1)(E)
27 (1) The portion of subsection 40(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence and punishment
40 (1) Every person who contravenes subsection 34.4(1) or 35(1) is guilty of an offence and liable
Marginal note:2012, c. 19, ss. 147(6) and (7)
(2) Paragraphs 40(3)(a) and (a.1) of the Act are replaced by the following:
(a) in carrying on a work, undertaking or activity, fails to comply with a prescribed condition referred to in paragraph 34.4(2)(a) or 35(2)(a), with a condition set out in an authorization or a permit, as the case may be, issued under paragraph 34.4(2)(b) or (c) or 35(2)(b) or (c) or subsection 35.1(3) or 35.2(7), or with a condition imposed by regulations made under subsection 36(5) or (5.2),
(a.1) fails to provide any document or other information as requested by the Minister under subsection 37(1) within a reasonable time after the request is made,
(a.2) fails to provide any document or other information required to be provided under subsection 35.2(3) within the prescribed period,
(a.3) fails to provide any additional information that is required to be provided under subsection 35.2(4) within the time and in the manner that the Minister specifies,
Marginal note:2012, c. 19, s. 147(8)
(3) Paragraph 40(3)(c) of the Act is replaced by the following:
(c) fails to provide notification that he or she is required to provide under subsection 38 (4), (4.1) or (5),
Marginal note:2012, c. 19, s. 147(9)
(4) The portion of paragraph 40(3)(d) of the Act before subparagraph (iii) is replaced by the following:
(d) carries on any work, undertaking or activity described in subsection 37(1)
(i) otherwise than in accordance with any document and other information relating to the work, undertaking or activity that they provide to the Minister under that subsection,
(ii) otherwise than in accordance with any such document and other information as required to be modified by any order of the Minister under paragraph 37(2)(a), or
(5) Subsection 40(3) of the Act is amended by adding the following after paragraph (d):
(d.1) carries on any work, undertaking or activity described in subsection 35.2(3) otherwise than in accordance with any document and other information relating to the work, undertaking or activity that they provide to the Minister under that subsection or subsection 35.2(4),
Marginal note:2012, c. 19, s. 147(10)
(6) Subsection 40(3) of the Act is amended by striking out “or” at the end of paragraph (g) and by replacing paragraph (h) with the following:
(h) fails to comply with a request of the Minister made under subsection 34.3(1), an order of the Minister made under subsection 34.3(2) or (3) or a provision of a regulation made under subsection 34.3(7),
(7) Subsection 40(3) of the Act is amended by adding the following after paragraph (h):
(i) fails to comply with all or any part of a direction of a fishery officer or fishery guardian with respect to the application of any regulations made under paragraph 43(1)(o),
(8) Subsection 40(3) of the Act is amended by adding the following after paragraph (i):
(9) The portion of subsection 40(5) of the Act before paragraph (b) is replaced by the following:
Marginal note:Matters of proof
(5) For the purpose of any proceedings for an offence under any of subsections (1), (2) and (3),
(a) the death of fish takes place whether or not any act or omission resulting in the death is intentional;
(a.1) a harmful alteration, disruption or destruction of fish habitat takes place whether or not an act or omission resulting in the alteration, disruption or destruction is intentional;
(a.2) a deposit as defined in subsection 34(1) takes place whether or not any act or omission resulting in the deposit is intentional; and
28 The Act is amended by adding the following after section 42:
Marginal note:Definitions
42.01 The following definitions apply in this section and sections 42.02 to 42.04.
- conservation project
conservation project means a work, undertaking or activity that is carried on by a proponent for the purpose of creating, restoring or enhancing fish habitat within a service area in order to acquire habitat credits. (projet de conservation)
- fish habitat bank
fish habitat bank means an area of a fish habitat that has been created, restored or enhanced by the carrying on of one or more conservation projects within a service area and in respect of which area the Minister has certified any habitat credit under paragraph 42.02(1)(b). (réserve d’habitats)
- habitat credit
habitat credit means a unit of measure that is agreed to between any proponent and the Minister under section 42.02 that quantifies the benefits of a conservation project. (crédit d’habitat)
- proponent
proponent means a person who proposes the carrying on of a conservation project and any other work, undertaking or activity within a proposed service area. (promoteur)
- service area
service area means the geographical area that encompasses a fish habitat bank and one or more conservation projects and within which area a proponent carries on a work, undertaking or activity. (zone de service)
Marginal note:Arrangements respecting fish habitat banks
42.02 (1) For the purposes of sections 42.01 to 42.04, the Minister may
Marginal note:Arrangements
(2) In exercising the powers referred to in subsection (1), the Minister may enter into arrangements with any proponent.
Marginal note:Contents
(3) An arrangement referred to in subsection (2) shall include, among other things,
(a) any document and other information that describes the proposed fish habitat bank, conservation project and service area;
(b) a written confirmation that the Department of Fisheries and Oceans and anyone authorized to act on the Department’s behalf is authorized to access the site of the conservation project for the term of the arrangement;
(c) a description of the administration, management and general operation of the arrangement by the parties, including
(i) a procedure for proposing a conservation project and an approval process,
(ii) a habitat credit certification process,
(iii) a process for habitat credit evaluation and any re-evaluation that may be required by the Minister,
(iv) habitat credit accounting procedures respecting the habitat credit ledger,
(v) progress reports on the conservation project, and
(vi) any other relevant matters respecting the administration of the arrangement;
(d) reports on the performance of the arrangement;
(e) the form and manner in which the arrangement may be amended;
(f) the date on which the arrangement comes into force; and
(g) the signatures of the parties.
Marginal note:Use of habitat credit within service area
42.03 A proponent may only use their certified habitat credits in respect of a fish habitat bank within a service area to offset the adverse effects on fish or fish habitat from the carrying on of a work, undertaking or activity authorized or permitted to be carried on in that service area.
Marginal note:Regulations
42.04 The Governor in Council may make regulations
(a) respecting the establishment of a system for the creation, allocation and management of habitat credits referred to in paragraph 42.02(1)(a);
(b) respecting the issuance of a certificate of validity of any habitat credit referred to in paragraph 42.02(1)(b); and
(c) respecting an arrangement with any proponent.
- Date modified: