Order Fixing August 28, 2019 as the Date on which Certain Provisions of that Act Come into Force: SI/2019-80

Canada Gazette, Part II, Volume 153, Number 17

Registration

SI/2019-80 August 21, 2019

AN ACT TO AMEND THE FISHERIES ACT AND OTHER ACTS IN CONSEQUENCE

Order Fixing August 28, 2019 as the Date on which Certain Provisions of that Act Come into Force

P.C. 2019-1184 August 7, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 59 of An Act to amend the Fisheries Act and other Acts in consequence, chapter 14 of the Statutes of Canada, 2019, fixes August 28, 2019 as the day on which subsections 1(1), (5) and (10), sections 8, 13 and 19 to 24, subsections 25(2), (4) to (6), (8), (10) and (11) and 27(1) to (6), (8) and (9), sections 28 and 29, subsections  31(6) and (13), sections 52 and 55 to 57 and subsection 58(2) of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

Pursuant to section 59 of An Act to amend the Fisheries Act and other Acts in consequence (the Act), this proposed Order will fix the day of August 28, 2019 as the day on which section 59 of the Act (except section 30 referenced thereunder which relates to the Public Registry) comes into force.

Objective

The intent of this Order is to bring into force all provisions identified in section 59 of the Act (except provision 30 which relates to the Public Registry provisions of the Fisheries Act) on August 28, 2019.

Background

Bill C-68 made several amendments to the Fisheries Act in order to provide, among other things, protection for all fish and fish habitats; to restore the previous prohibition against the “harmful alteration, disruption or destruction of fish habitat”; to restore a prohibition against causing “the death of fish by means other than fishing”; to provide new authorities to amend, suspend, or cancel authorizations; and to provide a new requirement.

The Act received royal assent on June 21, 2019, and most of the amendments to the Fisheries Act came into force on that date, with a few exceptions. These exceptions are subsections 1(1), (5) and (10), sections 8, 13 and 19 to 24, subsections 25(2), (4), (5), (6), (8), (10) and (11) and 27(1) to (6), (8) and (9), sections 28 and 29, subsections 31(6) and (13), sections 52, and 55 to 57 and subsection 58(2) of that Act. These provisions will come into force on August 28, 2019, by way of this Order.

Implications

The coming into force of these provisions will also have the effect of bringing into force the Authorizations Concerning Fish and Fish Habitat Protection Regulations, which will repeal and replace the existing Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations.

Consultation

The Act was considered by the House of Commons Standing Committee on Fisheries and Oceans as Bill C-68 in 2018, and then by the Senate Standing Committee on Fisheries and Oceans, with stakeholders giving testimony on the legislation and its anticipated impact in 2019. The Department of Fisheries and Oceans also engaged directly with Indigenous communities and groups, provinces and territories, other stakeholders and also engaged all interested Canadians through two sessions of open online engagement. All stakeholders were generally supportive of the coming into force of these provisions in August 2019.

Departmental contact

Emilie Lagacé
Acting Manager of Instrument Development, Ecosystems Management
Fisheries and Oceans Canada
Government of Canada
Email: emilie.lagace@dfo-mpo.gc.ca
Telephone: 613‑462‑8075