Regulations Amending the British Columbia Sport Fishing Regulations, 1996 (Miscellaneous Program): SOR/2022-70
Canada Gazette, Part II, Volume 156, Number 8
Registration
SOR/2022-70 March 28, 2022
FISHERIES ACT
P.C. 2022-267 March 25, 2022
Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 43footnote a of the Fisheries Act footnote b, makes the annexed Regulations Amending the British Columbia Sport Fishing Regulations, 1996 (Miscellaneous Program).
Regulations Amending the British Columbia Sport Fishing Regulations, 1996 (Miscellaneous Program)
Amendments
1 Part VI of the British Columbia Sport Fishing Regulations, 1996 footnote 1 is repealed.
2 Schedule VIII to the Regulations is repealed.
Coming into Force
3 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
Fishery officers in British Columbia have transitioned from issuing tickets for minor offences to the British Columbia Sport Fishing Regulations, 1996 (BCSFR) from the ticketing regime (procedures) set out in section 79.7 of the Fisheries Act, to the ticketing regime set out in the Contraventions Act and the Contraventions Regulations. As a result of this change, the provisions in the BCSFR that enabled the issuance of tickets under the Fisheries Act ticketing regime have no current application and are being repealed to avoid potential confusion.
Objective
The objective of the regulatory amendments is to repeal obsolete regulatory provisions that have no current application.
Description and rationale
Following the recent amendments (SOR/2021-81) to the Contraventions Regulations, tickets for minor offences to the BCSFR can be issued under the Contraventions Act. The ticketing system under the Contraventions Act is being used instead of issuing tickets under the authority of section 79.7 of the Fisheries Act for minor offences to the BCSFR.
The amendments to the BCSFR repeal Part VI and Schedule VIII of these Regulations. Part VI enabled ticketing under the Fisheries Act, and Schedule VIII identified ticketable offences to the BCSFR and prescribed the amount of the corresponding fine. As a result of the repeal, the authority to issue tickets for minor offences to the BCSFR under the ticketing regime set out in section 79.7 of the Fisheries Act has been removed.
The amendments to the BCSFR are consistent with one of the goals of regulatory stock reviews, to remove obsolete or spent regulations from the stock as soon as practical. These amendments also help avoid potential confusion caused by differences in the list of offences and associated fine amounts between Schedule VIII of the BCSFR and Schedule II.1 of the Contraventions Regulations.
One-for-one rule and small business lens
The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to business.
Analysis under the small business lens determined that the proposal will not impact small businesses in Canada.
Contact
Houman Kousha
Parliamentary, Legislative and Regulatory Affairs
Strategic Policy and Priorities
Fisheries and Oceans Canada
Email: houman.kousha@dfo-mpo.gc.ca