Vol. 133, No. 32 — August 7, 1999

Regulations Amending the Manitoba Fishery Regulations, 1987

Statutory Authority

Fisheries Act

Sponsoring Department

Department of Fisheries and Oceans

REGULATORY IMPACT ANALYSIS STATEMENT

Description

These amendments to the Manitoba Fishery Regulations, 1987, made pursuant to the federal Fisheries Act, are made at the request of the Government of Manitoba. That province manages its own freshwater fisheries by agreement with the federal government. Amendments to the Regulations, however, must be processed and approved by the federal government since they are made under the federal legislation.

In this regulatory initiative, the ticketable offences and fines schedule will be replaced with a new schedule which upgrades some of the present fines to bring them into line with those of adjacent provinces, Saskatchewan and Alberta. The new schedule will also add ticketable offences and fines previously not included so as to reduce the number of offences for which court appearances are required.

In 1991, the maximum fine for ticketable offences under section 79.7 of the Fisheries Act was increased to $1,000 from $100. This increase allows for the inclusion in the schedule of offences and fines under these Regulations for more serious infractions than was previously possible when the maximum fine was $100. In addition, the fines for the number of fish caught over the regulated limits can be more appropriately addressed now that the maximum fine is higher.

The adjustments to the fines for ticketable offences will not affect law-abiding citizens but will represent a much more serious deterrent to potential offenders. Adding offences and fines to the schedule and increasing fines for existing offences will provide fishery officers and guardians with more options for enforcing the Regulations. A graduated system of regulatory enforcement tools including warnings, tickets (with more significant fines) and court appearances will hopefully reduce offence frequency and thus reduce damage to the fishery.

Alternatives

The only alternative was the status quo which was considered unacceptable due to the limited number of offences and the low amount of the maximum fine ($100). The status quo prevents more serious offences deserving of higher fines from being dealt with by means of ticket. Instead, these more serious offences must involve a court appearance with the inherent court cost both to the Government and the offender.

Benefits and Costs

No costs are anticipated other than to the convicted violators of the Regulations upon whom higher fines may be imposed.

This amendment will not impose new restrictions or burdens on law-abiding individuals or businesses. The enhancement of the available enforcement tools will allow a more proportionate and appropriate response to an offence based on the seriousness of the violation, while reducing court costs by allowing an offender the option of pleading guilty by paying a prescribed ticket fine.

By providing set fines for a wider variety of offences, enforcement staff will be able to more efficiently enforce fisheries regulations. Thus, damage to fish stocks may be averted.

Consultation

Fisheries users (e.g. the Manitoba Wildlife Federation, the Live Bait Fishermen and Dealers Association, various outfitters and groups of commercial fishermen) have repeatedly requested enhanced/increased enforcement, including changes to offences and fines. They have stated that current fine levels are too low and should be increased to discourage misuse of the fisheries resource. In addition, the offence list and fine levels have been developed in close consultation with enforcement staff and government officials of Manitoba and neighbouring provinces.

Compliance and Enforcement

These Regulations are enforced by conservation officers of the Manitoba Department of Natural Resources. In addition to these amendments, the Fisheries Act provides for court imposed penalties for contravention of the Regulations, including fines of up to $500,000 and/or forfeitures of fishing gear, catch, vessels and other equipment used in committing the offence. The courts may also impose licence suspensions. No increase in the cost of enforcement is anticipated. In fact, increased number of offences and increased fines should provide better deterrents and thus improve compliance with the Regulations.

Contact

Mr. Sherman Fraser, Fisheries Branch, Manitoba Department of Natural Resources, P.O. Box 20, 200 Saulteaux Crescent, Winnipeg, Manitoba R3J 3W3, (204) 945-7806.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 43 (see footnote a) and subsection 79.7(5) (see footnote b) of the Fisheries Act, proposes to make the annexed Regulations Amending the Manitoba Fishery Regulations, 1987.

Any interested person may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, the date of this notice and must be addressed to Mr. Sherman Fraser, Fisheries Branch, Manitoba Department of Natural Resources, P.O. Box 20, 200 Saulteaux Crescent, Winnipeg, Manitoba R3J 3W3, (204) 945-7806.

Ottawa, July 28, 1999

MARC O'SULLIVAN 
Assistant Clerk of the Privy Council 

REGULATIONS AMENDING THE MANITOBA FISHERY REGULATIONS, 1987

AMENDMENT

1. Schedule XVI (see footnote 1) to the Manitoba Fishery Regulations, 1987 (see footnote 2) is replaced by the following:

SCHEDULE XVI
(Sections 54 and 55)

DESIGNATED OFFENCES AND PRESCRIBED FINES

Item	Column I Description of Offence	Column II Provision of these Regulations	Column III Fine
1.	Fishing in prescribed waters without permit	13	$200
2.	Possession of live bait fish in prohibited areas	15	$200
3.	Possession of live fish eggs or live fish without permit	16(1)	$200
4.	Bring into Manitoba live fish or fish eggs of a specified species	16(2)	$250
5.	Possess in Manitoba live fish or fish eggs of a specified species	16(2)	$250
6.	Release into any waters of Manitoba live fish or fish eggs of a specified species	16(2)	$250
7.	Bring into Manitoba live fish, crayfish, leeches or salamanders for use as bait without permit	16(3)	$200
8.	Handle fish such that it spoils or is wasted	16.1	$100 plus $20 for each fish up to a maximum of $1,000
9.	Transport fish such that it spoils or is wasted	16.1	$100 plus $20 for each fish up to a maximum of $1,000
10.	Dispose of fish such that it spoils or is wasted	16.1	$100 plus $20 for each fish up to a maximum of $1,000
11.	Failure to release fish in least harmful manner	17	$50
12.	Release tagged or marked fish without permit	18	$50
13.	Recreational fishing during prescribed close times	19(1)	$200
14.	Catch and retain more fish than the prescribed daily quota	19(2)	$100 plus $25 for each fish in excess of limit or size, up to a maximum of $1,000
15.	Possess more fish than the prescribed daily quota	19(3)	$100 plus $25 for each fish in excess of limit or size, up to a maximum of $1,000
16.	Possess more fish than the prescribed possession quota	19(4)	$100 plus $25 for each fish in excess of limit, up to a maximum of $1,000
17.	Catch and retain more fish than the prescribed Conservation Licence quota	19(5)(a)	$100 plus $25 for each fish in excess of limit, up to a maximum of $1,000
18.	Possess more fish than the prescribed Conservation Licence quota	19(5)(b)	$100 plus $25 for each fish in excess of limit up to a maximum of $1,000
19.	Catch and retain more fish than the prescribed annual quota	19.1(1)	$100 plus $25 for each fish in excess of limit, up to a maximum of $1,000
20.	Possess more fish than the prescribed annual quota	19.1(2)	$100 plus $25 for each fish in excess of limit, up to a maximum of $1,000
21.	Catch and retain undersized fish	20(1)	$50 plus $25 for each fish to a maximum of $1,000
22.	Possess undersized fish	20(2)	$50 plus $25 for each fish to a maximum of $1,000
23.	Take or attempt to take fish by snagging	22(1)	$150
24.	Take or attempt to take fish by snaring	22(1)	$150
25.	Take or attempt to take fish by clubbing	22(1)	$150
26.	Take or attempt to take fish by gaffing	22(1)	$150
27.	Take or attempt to take fish by using a trap net	22(1)	$150
28.	Use boat propelled other than by human or electric power for recreational fishing in specified waters	23	$75
29.	Possess fish dressed, packed or cut so that species cannot readily be identified	24(1)(a)	$75
30.	Possess fish dressed, packed or cut so that number cannot readily be counted	24(1)(b)	$75
31.	Possess fish dressed, packed or cut so that size cannot readily be determined	24(1)(c)	$75
32.	Angling in open water with more than a single line	25(1)(a)	$100
33.	Angling in ice-covered water with more than two lines	25(1)(b)	$100
34.	Angling with more than two hooks on line	25(1)(c)	$100
35.	Angling with spring-loaded hook	25(1)(d)	$100
36.	Use of prohibited fish for bait	25(1)(e)	$200
37.	Angling with other than barbless hook	25(1)(f)	$50
38.	Possession of other than barbless hook on end of fishing line	25(2)	$50
39.	Failure to keep line within sight	26(a)	$50
40.	Failure to stay within 50 m of ice-fishing line	26(b)	$50
41.	Use of natural bait on McHugh Lake	28	$50
42.	Spearfishing when not swimming	30(a)	$150
43.	Spearfishing with barbless spear	30(c)	$150
44.	Spearfishing for prohibited species	31(1)	$150
45.	Spearfishing for prohibited species using scuba gear	31(2)	$150
46.	Bow fishing for other than authorized species	32(a)	$150
47.	Bow fishing with other than authorized gear	32(b)	$150
48.	Bow fishing in the Red River between the dam at Lockport and a point 1 km downstream	32(d)	$150
49.	Bow fishing in the Saskatchewan River between the Grand Rapids Generating Station and a point 1 km downstream	32(e)	$150
50.	Engage in recreational fishing with dip net for other than authorized species	33(1)	$150
51.	Engage in recreational fishing with dip net for lake whitefish during specified period	33(3)	$150
52.	Engage in recreational fishing with seine net or minnow trap for other than specified species	34	$150
53.	Catch and retain or possess more than four litres of bait fish while recreational fishing	35	$100
54.	Possess more than 180 live bait fish while recreational fishing	35.1	$100
55.	Engage in recreational fishing with oversized dip net	36(a)	$100
56.	Engage in recreational fishing with oversized seine net	36(b)	$100
57.	Engage in recreational fishing with oversized minnow trap	36(c)	$100
58.	Engage in recreational fishing with minnow trap not clearly marked	36(d)	$100
59.	Engage in recreational fishing by illegal method in specified waters	37	$100
60.	Fail to properly mark ice-fishing shelter	38(a)	$50
61.	Failure to remove ice-fishing shelter by specified date or when ordered	38(b), (c)	$150
62.	Sell fish not taken under specified licences	39	$500
63.	Trade fish not taken under specified licences	39	$500
64.	Barter fish not taken under specified licences	39	$500
65.	Offer to sell fish not taken under specified licences	39	$500
66.	Offer to trade fish not taken under specified licences	39	$500
67.	Offer to barter fish not taken under specified licences	39	$500
68.	Engage in commercial fishing during close time	40	$500
69.	Engage in commercial fishing by means of a net within 1.5 km of stream or river mouth	51	$250

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

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Regulations Amending the Marking of Imported Goods Regulations

Statutory Authority

Customs Tariff

Sponsoring Department

Department of National Revenue

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Certain imported goods are required to be marked to indicate the country where the goods were made. Importers are responsible for ensuring that imported goods comply with marking requirements. The Marking of Imported Goods Regulations prescribe the proper method and manner of marking goods and where they may be marked in Canada after they have been imported but before they are released from Customs control.

As a result of proposed changes by the Department of Finance to other related regulations which will simplify the marking program by eliminating differences between NAFTA and non-NAFTA importations, Revenue Canada is now taking consequential steps to simplify the marking regime by streamlining NAFTA and non-NAFTA references in the Marking of Imported Goods Regulations.

There are two amendments to be made. The first relates to language. Currently, importations from NAFTA countries may be marked in English, French or Spanish. Non-NAFTA importations may only be marked in English or French. The Regulations will be amended to extend the authority to mark non-NAFTA importations in English, French or Spanish. Second, the Regulations currently require that NAFTA goods be marked to indicate the country of origin to the ultimate purchaser of the goods. Non-NAFTA importations must be marked to indicate the country of origin to the ultimate recipient of the goods. The Regulations will be amended so that the NAFTA requirement to mark goods to identify the country of origin of the goods to the ultimate purchaser becomes the standard requirement.

Alternatives

This alternative will streamline and simplify the marking program and reduce the range of requirements among the relevant regulations. No other viable alternatives are available.

Benefits and Costs

This regulatory change will result in reductions to the complexity of the marking program. The reductions will provide for a consistent method and manner in marking goods, no longer dependent on the country of origin of the goods. That is, goods from both NAFTA and non-NAFTA countries will need to meet the same basic requirements.

The actual cost savings for the importing community was not determined; however, we anticipate that the reduction in administrative burden will have a positive effect on overall compliance-related costs.

Consultation

Copies of the proposed Regulations will be distributed to relevant industry associations for comment.

We have consulted with the Department of Finance, Agriculture Canada, Industry Canada and Foreign Affairs regarding these proposed amendments. There were no concerns raised.

Early notice was provided in the 1997 Federal Regulatory Plan, under Proposal No. RC/R-29-L.

Compliance and Enforcement

These amendments will reduce the importing community's compliance burden through simplification. Enforcement will be by way of established departmental means.

Contact

Craig Turner, Director, Admissibility Programs, Trade Policy and Interpretation Directorate, Customs and Trade Administration Branch, Revenue Canada, Connaught Building, 6th Floor, MacKenzie Avenue, Ottawa, Ontario K1A 0L5, (613) 954-6856.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Minister of National Revenue, pursuant to subsection 19(2) of the Customs Tariff, (see footnote c) proposes to make the annexed Regulations Amending the Marking of Imported Goods Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Minister of National Revenue, Connaught Building, 7th Floor, MacKenzie Avenue, Ottawa, Ontario K1A 0L5.

The representations should stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which they should remain undisclosed. The representations should also stipulate those parts of the representations for which there is consent to disclosure pursuant to the Access to Information Act.

Ottawa, July 20, 1999

ROBERT WRIGHT 
Deputy Minister of National Revenue 

REGULATIONS AMENDING THE MARKING OF IMPORTED GOODS REGULATIONS

AMENDMENTS

1. (1) The definitions "identical goods", "NAFTA goods", "non-NAFTA goods", "similar goods", "ultimate recipient" and "usual container" in section 2 of the Marking of Imported Goods Regulations (see footnote 3) are repealed.

(2) The definition "sufficiently permanent" in section 2 of the Regulations is replaced by the following:

"sufficiently permanent" means, in respect of a marking, capable of remaining in place until the goods reach the ultimate purchaser, unless deliberately removed; (suffisamment permanente)

2. Sections 3 and 4 of the Regulations are replaced by the following:

3. The marking of goods shall indicate, to the ultimate purchaser, the country of origin.

General Manner of Marking

4. Goods shall be marked in English, French or Spanish.

3. Sections 6 and 7 of the Regulations are replaced by the following:

6. When the words "Canada" or "Canadian" or any abbreviation of those words, or the name of any country or place other than the country of origin, appears on any goods elsewhere than in the country of origin marking and may mislead the ultimate purchaser, the country of origin marking shall be located in close proximity to those words and shall contain the expression "made in", "produced in", "printed in" or any other like expression, in any of the languages specified in section 4, that indicates the country of origin to the ultimate purchaser.

7. An abbreviation of a country name may be used in a country of origin marking if it clearly indicates the country of origin to the ultimate purchaser.

4. Sections 11 and 12 of the Regulations are repealed.

5. Paragraphs 14(b) to (d) of the Regulations are replaced by the following:

(b) the importer of the goods

(c) the importer of the goods complies with any instructions given pursuant to section 15.

6. The portion of section 15 of the Regulations before paragraph (a) is replaced by the following:

15. After receipt of a notice referred to in paragraph 14(b), an officer shall give the importer of the goods written instructions indicating

7. (1) The portion of subsection 16(1) of the Regulations before paragraph (a) is replaced by the following:

16. (1) An importer of goods who has given a notice under subparagraph 14(b)(i) shall present to an officer a copy of the instructions referred to in section 15 at the time the goods

(2) Subsection 16(2) of the Regulations is replaced by the following:

(2) An importer of goods who has given a notice under subparagraph 14(b)(ii) shall present to an officer a copy of the instructions referred to in section 15 at the time the goods are accounted for under subsection 32(1) or (2) of the Act.

8. Section 17 of the Regulations is replaced by the following:

17. An importer of goods that are required to be marked, who delivers them to a bonded warehouse before they are marked, shall mark the goods in accordance with any instructions given under section 15 before a transfer document may be submitted in accordance with section 21 of the Customs Bonded Warehouses Regulations.

COMING INTO FORCE

9. These Regulations come into force on the day on which they are registered.

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Footnote a

S.C., 1991, c. 1, s. 12

Footnote b

S.C., 1991, c. 1, s. 24

Footnote 1

SOR/98-247

Footnote 2

SOR/87-509

Footnote c

S.C., 1997, c. 36

Footnote 3

SOR/94-10

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