S-229
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
SENATE OF CANADA
BILL S-229
An Act to amend the Fisheries Act (commercial seal fishing)
first reading, March 3, 2009
THE HONOURABLE SENATOR HARB
3910618
SUMMARY
This enactment amends the Fisheries Act to prohibit the commercial fishing for seals in Canadian fisheries waters and to disallow the issuance of commercial licences for seal fishing. Exceptions are made for commercial fishing that is carried out under a licence issued to an aboriginal organization or carried out by certain persons exercising harvesting rights under a claims agreement.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
senate of canada
BILL S-229
An Act to amend the Fisheries Act (commercial seal fishing)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S. 1985, c. F-14
FISHERIES ACT
1. Section 2 of the Fisheries Act is amended by adding the following in alphabetical order:
“aboriginal organization”« organisation autochtone »
“aboriginal organization” includes an Indian band, an Indian band council, a tribal council and an organization that represents a territorially based aboriginal community;
2. Subsection 7(1) of the Act is replaced by the following:
Fishery leases and licences
7. (1) Subject to subsection (2) and section 7.1, the Minister may, in his or her absolute discretion, wherever the exclusive right of fishing does not already exist by law, issue or authorize to be issued leases and licences for fisheries or fishing, wherever situated or carried on.
3. The Act is amended by adding the following after section 7:
Limitation — licences for commercial seal fishing
7.1 A licence to fish for seals for commercial purposes may not be issued except to an aboriginal organization.
4. The Act is amended by adding the following after the heading before section 23:
Commercial seal fishing prohibited
22.1 (1) No person shall, for commercial purposes, fish for, take, catch or kill any seal in Canadian fisheries waters.
Exception for aboriginal organizations and beneficiaries
(2) Subsection (1) does not apply in respect of the fishing for, taking, catching or killing of a seal by
(a) a person acting under the authority of a licence issued to an aboriginal organization under the authority of this Act;
(b) a beneficiary exercising a right to harvest seals under an Agreement referred to in subsection (3); or
(c) an Inuk exercising a right to harvest seals under the Agreement ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act.
Definition of “beneficiary”
(3) In this section, “beneficiary” means a person who is a beneficiary under
(a) the Agreement approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act; or
(b) the Agreement approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act.
NON-DEROGATION
Aboriginal rights
5. 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.
COMING INTO FORCE
Coming into force
6. This Act comes into force 60 days after the day on which it receives royal assent.
Published under authority of the Senate of CanadaAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada
Explanatory Notes
Fisheries Act
Clause 1: New.
Clause 2: Existing text of subsection 7(1):
7. (1) Subject to subsection (2), the Minister may, in his absolute discretion, wherever the exclusive right of fishing does not already exist by law, issue or authorize to be issued leases and licences for fisheries or fishing, wherever situated or carried on.
Clause 3: New.
Clause 4: New.