Registration

SOR/2008-99 April 3, 2008

FISHERIES ACT
OCEANS ACT

Regulations Amending Certain Department of Fisheries and Oceans Regulations

P.C. 2008-612 April 3, 2008

Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, hereby makes the annexed Regulations Amending Certain Department of Fisheries and Oceans Regulations, pursuant to

(a) paragraph 36(5)(f), section 43 (see footnote a) and subsection 87(2) of the Fisheries Act; and

(b) subsection 35(3) and section 52.1 of the Oceans Act (see footnote b).

REGULATIONS AMENDING CERTAIN DEPARTMENT OF FISHERIES AND OCEANS REGULATIONS

FISHERIES ACT

ATLANTIC FISHERY REGULATIONS, 1985

1. Section 2 of the Atlantic Fishery Regulations, 1985 (see footnote 1) is amended by adding the following after subsection (7):

(8) In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North American Datum 1927 (NAD 27) geodetic reference system.

(9) In these Regulations, the lines connecting points or coordinates are rhumb lines, unless stated otherwise.

2. The portion of item 1 of the table to subsection 50(1) of the Regulations in column II is replaced by the following:

Item	Column II Vessel Classes
1.	C5100 to C5499

3. Paragraph 64(4)(b) of the Regulations is replaced by the following:

(b) from a vessel less than 19.8 m in overall length in an area other than Scallop Fishing Area 21, 22, 23, 24, 27, 28A, 28B, 28C, 28D or 29.

4. The portion of item 10 of Schedule VIII to the Regulations in column I is amended by replacing the expression “16F” with the expression “16G”.

FISH TOXICANT REGULATIONS

5. Paragraph 5(b) of the Fish Toxicant Regulations (see footnote 2) is replaced by the following:

(b) in relation to the Province of Quebec, the Minister of Natural Resources and Wildlife for that Province;

ONTARIO FISHERY REGULATIONS, 1989

6. The portion of subitem 19(42) of Schedule V to the French version of the Ontario Fishery Regulations, 1989 (see footnote 3) in column I is amended by replacing the word “embouchure” with the word “afflux”.

7. The French version of the Regulations is amended by replacing the words “décharge”, “exécutoire” and “exutoire” wherever they occur in the following provisions with the word “embouchure”, with any necessary modifications:

(a) item 21 of Schedule IV;

(b) item 30 of Schedule IV;

(c) subitem 16(24) of Schedule V;

(d) subitem 16(64) of Schedule V;

(e) subitem 16(181) of Schedule V;

(f) subitem 18(32) of Schedule V;

(g) subitem 19(42) of Schedule V;

(h) subitem 19.1(2) of Schedule V; and

(i) subitem 23(9) of Schedule V.

8. The French version of the Regulations is amended by replacing the expression “en amont” with the expression “en aval” in the following provisions:

(a) subitem 8(12) of Schedule V;

(b) subitem 10(3) of Schedule V; and

(c) subitem 12(144) of Schedule V.

QUEBEC FISHERY REGULATIONS, 1990

9. (1) The definition “Ministry” in subsection 2(1) of the Quebec Fishery Regulations, 1990 (see footnote 4) is replaced by the following:

“Ministry” means the Ministry of Natural Resources and Wildlife of Quebec; (ministère)

(2) Paragraph (b) of the definition “Minister” in subsection 2(1) of the Regulations is replaced by the following:

(b) in all other cases, the Minister of Natural Resources and Wildlife of Quebec; (ministre)

MARITIME PROVINCES FISHERY REGULATIONS

10. (1) The definition “truite moulac” in subsection 2(1) of the French version of the Maritime Provinces Fishery Regulations (see footnote 5) is replaced by the following:

“truite moulac” Truite issue du croisement d’un omble de fontaine mâle et d’un touladi femelle. (splake)

(2) Subsection 2(4) of the Regulations is replaced by the following:

(4) A reference in these Regulations to a grid reference is a grid reference based on the Universal Transverse Mercator Grid system expressed in the North American Datum 1927 (NAD 27) used in the National Topographic Series Maps, Scale 1:50,000, published by the Department of Natural Resources.

(3) Section 2 of the Regulations is amended by adding the following after subsection (6):

(7) In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North American Datum 1927 (NAD 27) geodetic reference system.

(8) In these Regulations, the lines connecting points or coordinates are rhumb lines, unless stated otherwise.

MARINE MAMMAL REGULATIONS

11. Section 2 of the Marine Mammal Regulations (see footnote 6) is amended by adding the following after subsection (2):

(3) In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North American Datum 1927 (NAD 27) geodetic reference system.

(4) In these Regulations, the lines connecting points or coordinates are rhumb lines, unless stated otherwise.

12. Item 2 of the table to section 22 of the Regulations is repealed.

ABORIGINAL COMMUNAL FISHING LICENCES REGULATIONS

13. Paragraph (a) of the definition “Minister” in section 2 of the Aboriginal Communal Fishing Licences Regulations (see footnote 7) is replaced by the following:

(a) fisheries for the fish and species of fish described in subsection 3(1) of the Quebec Fishery Regulations, 1990, in the waters referred to in that subsection, the Minister of Natural Resources and Wildlife of Quebec,

ONTARIO FISHERY REGULATIONS, 2007

14. Paragraph 29(2)(b) of the Ontario Fishery Regulations, 2007 (see footnote 8) is replaced by the following:

(b) a fish greater than 13 cm in length in Lake Temagami;

OCEANS ACT

ENDEAVOUR HYDROTHERMAL VENTS MARINE PROTECTED AREA REGULATIONS

15. Subsection 3(4) of the French version of the Endeavour Hydrothermal Vents Marine Protected Area Regulations (see footnote 9) is replaced by the following:

(4) La personne qui a fourni le plan de recherche avise sans délai le ministre par écrit de tout changement au plan.

16. Paragraph 5(b) of the French version of the Regulations is replaced by the following:

b) le navire ou le sous-marin, selon le cas, appartient à Sa Majesté du chef du Canada ou est exploité par elle ou en son nom ou par des forces étrangères en collaboration avec les Forces canadiennes ou sous leur commandement ou contrôle.

GULLY MARINE PROTECTED AREA REGULATIONS

17. Paragraphs 3(b) and (c) of the French version of the Gully Marine Protected Area Regulations (see footnote 10) are replaced by the following:

b) la zone 2 illustrée à l’annexe 2, qui comprend l’étendue entourant la zone 1;

c) la zone 3 illustrée à l’annexe 2, qui comprend la zone de protection marine du Gully à l’exclusion des zones 1 et 2.

18. Paragraph 4(c) of the Regulations is replaced by the following:

(c) carry out any activity — including depositing, discharging or dumping any substance, or causing any substance to be deposited, discharged or dumped — in the Gully Marine Protected Area or in the vicinity of that Area that is likely to result in the disturbance, damage, destruction or removal of anything referred to in paragraph (a) or (b).

19. (1) The portion of section 5 of the Regulations before paragraph (a) is replaced by the following:

5. Subject to sections 10 and 11, every person who proposes to carry out an activity in the Gully Marine Protected Area must submit to the Minister for approval, not less than 60 days before beginning the proposed activity, a plan that indicates the management zone in which the activity is proposed to be carried out and includes

(2) Paragraph 5(c) of the Regulations is replaced by the following:

(c) the identity of every ship and aircraft proposed to be used during or in connection with the activity;

(3) Paragraph 5(g) of the French version of the Regulations is replaced by the following:

g) deux exemplaires du rapport portant sur l’évaluation des effets environnementaux de l’activité sur la zone de protection marine du Gully, y compris les effets environnementaux cumulatifs qui sont susceptibles de résulter de l’activité, lorsqu’elle est combinée à toute activité terminée ou en cours exercée dans la zone de protection marine du Gully ou ayant eu ou ayant des effets sur cette zone et à toute activité prévue pouvant être exercée dans celle-ci ou pouvant avoir des effets sur celle-ci;

20. (1) Clause 6(1)(b)(ii)(B) of the Regulations is replaced by the following:

(B) will not result in any damage or destruction referred to in section 4 in Zone 3 or will only result in damage or destruction referred to in section 4 in Zone 3 that is within the natural variation of the ecosystem in which that Zone is located; and

(2) Subparagraph 6(1)(c)(iii) of the Regulations is replaced by the following:

(iii) will not result in any disturbance, damage, destruction or removal referred to in section 4 in Zone 3 or will only result in disturbance, damage, destruction or removal referred to in section 4 in Zone 3 that is within the natural variation of the ecosystem in which that Zone is located.

(3) Subsection 6(2) of the French version of the Regulations is replaced by the following:

(2) Il refuse toutefois d’approuver le plan si les effets environnementaux cumulatifs de l’activité proposée, lorsqu’elle est combinée à toute activité terminée ou en cours exercée dans la zone de protection marine du Gully ou ayant eu ou ayant des effets sur cette zone et à toute activité prévue pouvant être exercée dans celle-ci ou pouvant avoir des effets sur celle-ci, sont susceptibles de causer des perturbations, endommagements, destructions ou enlèvements excédant les paramètres établis dans les conditions mentionnées aux alinéas (1)a), b) ou c), selon le cas.

21. Section 7 of the Regulations is replaced by the following:

7. Any person involved in an accident that is likely to result in any disturbance, damage, destruction or removal prohibited under section 4 shall, within two hours after its occurrence, report the accident to the Canadian Coast Guard.

22. The portion of section 9 of the Regulations before paragraph (a) is replaced by the following:

9. Paragraph 4(c) does not apply in respect of an activity carried out in the vicinity of the Gully Marine Protected Area if the disturbance, damage, destruction or removal referred to in that paragraph

BASIN HEAD MARINE PROTECTED AREA REGULATIONS

23. The portion of paragraph 4(c) of the English version of the Basin Head Marine Protected Area Regulations (see footnote 11) before subparagraph (i) is replaced by the following:

(c) any of the following activities — for which approval or authorization is not required under the Navigable Waters Protection Act or the Fisheries Act, as the case may be, or that is carried out in accordance with an approval or authorization required under either of those Acts — namely,

24. Paragraph 6(1)(a) of the English version of the Regulations is replaced by the following:

(a) in the case of a scientific activity that is proposed to be carried out in Zone 1, the activity is for the purpose of managing the Area or monitoring the effectiveness of conservation measures implemented in the Area; and

EASTPORT MARINE PROTECTED AREAS REGULATIONS

25. Subsection 1(1) of the Eastport Marine Protected Areas Regulations (see footnote 12) is replaced by the following:

1. (1) In these Regulations, “waters” includes the seabed and subsoil below the waters to a depth of two metres.

26. Paragraph 7(1)(a) of the English version of the Regulations is replaced by the following:

(a) in the case of a scientific activity that is proposed to be carried out in the Area, the activity is for the purpose of managing the Area or monitoring the effectiveness of conservation measures implemented in the Area; and

GILBERT BAY MARINE PROTECTED AREA REGULATIONS

27. The definition “waters” in subsection 1(1) of the Gilbert Bay Marine Protected Area Regulations (see footnote 13) is replaced by the following:

“waters” includes the seabed and subsoil below the waters to a depth of two metres. (eaux)

28. Subparagraph 2(d)(ii) of the Regulations is replaced by the following:

(ii) a line connecting points at 52°36′17″N, 55°48′59″W and 52°36′09″N, 55°48′59″W,

29. The portion of paragraph 4(b) of the English version of the Regulations before subparagraph (i) is replaced by the following:

(b) any of the following activities — for which approval or authorization is not required under the Navigable Waters Protection Act or the Fisheries Act, as the case may be, or that is carried out in accordance with an approval or authorization required under either of those Acts — namely,

30. (1) Paragraph 6(1)(a) of the English version of the Regulations is replaced by the following:

(a) in the case of a scientific activity that is proposed to be carried out in Zone 1A or Zone 1B, the activity is for the purpose of managing the Area or monitoring the effectiveness of conservation measures implemented in the Area; and

(2) Subsection 6(2) of the Regulations is replaced by the following:

(2) Despite subsection (1), the Minister shall not approve a plan if the cumulative environmental effects of the proposed activity, in combination with any other past and current activities carried out within the Area, are likely to damage or destroy the habitat of living marine organisms in the Area.

31. The schedule to the Regulations is replaced by the schedule set out in the schedule to these Regulations.

COMING INTO FORCE

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

SCHEDULE
(Section 31)

SCHEDULE / ANNEXE
(Subsection 1(3) and section 2 / paragraphe 1(3) et article 2)

GILBERT BAY MARINE PROTECTED AREA / ZONE DE PROTECTION MARINE DE LA BAIE GILBERT

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The Regulations Amending Certain Department of Fisheries and Oceans Regulations is an omnibus amendment to a number of regulations made pursuant to the Fisheries Act and the Oceans Act which are under the jurisdiction of the Department of Fisheries and Oceans (DFO). The Fisheries Act regulations that have been amended include: the Quebec Fishery Regulations, 1990 (QFR), the Fish Toxicant Regulations, the Aboriginal Communal Fishing Licences Regulations, the Atlantic Fishery Regulations, 1985 (AFR), the Marine Mammal Regulations (MMR), the Ontario Fishery Regulations, 1989, the Ontario Fishery Regulations, 2007, and the Maritime Provinces Fishery Regulations. In addition, the following marine protected area regulations made pursuant to the Oceans Act have been amended: The Basin Head Marine Protected Area Regulations, the Endeavour Hydrothermal Vents Marine Protected Area Regulations, the Eastport Marine Protected Areas Regulations, the Gilbert Bay Marine Protected Area Regulations, and the Gully Marine Protected Area Regulations.

This omnibus amendment makes corrections to spelling and grammar, inconsistencies between the terminology applied in the English and French versions of the regulations, and non-substantive clarifications of regulatory provisions. Many of the amendments were made to effect changes requested by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR). The modifications discussed below will ensure that the respective regulations operate as intended.

There were no immediate plans to individually amend the above regulations; therefore this omnibus package was compiled to make the needed changes in a timely manner. No impact on Canadians is expected as a result of the following amendments.

Quebec Fishery Regulations, 1990

In 2005, amendments were made to the QFR as well as to the Fish Toxicant Regulations and the Aboriginal Communal Fishing Licences Regulations to recognize the creation of the new Ministry of Natural Resources and Wildlife which is now responsible for fisheries in Quebec. The Minister and the name of this new Ministry were improperly referenced in the previous amendments and are corrected in this series of amendments.

Atlantic Fishery Regulations, 1985

The reference system used for geographical coordinates in the AFR has been amended so that boundary lines for fishing areas are clearly identified. Minor typographical errors resulting from previous amendments to these Regulations have also been corrected in order to ensure consistency.

Two areas presently managed through license conditions have been added to the scallop fishing areas. The initial Regulations should have included the two scallop fishing areas that are now being added. Due to this initial oversight, the two areas have been managed through license conditions rather than more appropriate regulatory measures. Specifically, due to the geographic layout, vessels larger than 19.8 meters in overall length are unable to successfully navigate and fish the areas. The Regulations have been amended to reflect the appropriate vessel size within these two areas. This is an administrative modification that will facilitate DFO’s operations. This amendment will have no impact on the industry.

Marine Mammal Regulations

The reference system used for geographical coordinates has been amended so that boundary lines for fishing areas are clearly identified. As well, a provision within the MMR has been repealed to address input from the SJCSR.

Ontario Fishery Regulations, 1989

The SJCSR noted discrepancies between the wording employed within the English and French versions of the Regulations. In the French version of these Regulations, a number of different terms were used for the same English term and did not properly convey the intent expressed in the English versions. Changes to the French version have been made to better harmonize the two versions and ensure that they share the same effect.

Ontario Fishery Regulations, 2007

An amendment to these Regulations has removed an unintended size restriction in the Ontario Ministry of Natural Resources (OMNR) Zone 18 management unit. This administrative modification will facilitate OMNRs operations.

Maritime Provinces Fishery Regulations

The SJCSR noted a discrepancy between the wording employed within the English and French versions of the Regulations. In accordance with SJCSR’s suggestion, the French provision has been changed to better harmonize the two respective versions.

The reference system used for geographical coordinates in the MPFR has been amended so that boundary lines for fishing areas are clearly identified.

Endeavour Hydrothermal Vents Marine Protected Area Regulations

The SJCSR noted discrepancies between the wording employed within the English and French versions of the Regulations. The French version applied terminology which did not properly convey the intent expressed in the English versions. Changes to the French version have been made to better harmonize the two versions and ensure that they share the same effect.

Gully Marine Protected Area Regulations

The SJCSR noted discrepancies between the wording employed within the English and French versions of the Regulations. In accordance with SJCSR’s suggestion, minor changes to both French and English provisions have been made to better harmonize the two respective versions and ensure that they share the same effect. Redundancies identified within both the English and French versions have been eliminated to enhance the clarity of respective provisions.

Gilbert Bay Marine Protected Area Regulations

The SJCSR noted discrepancies between the wording employed within the English and French versions of the Regulations. In accordance with SJCSR’s suggestion, particular modifications to the language employed in both the French and English provisions have been made to better harmonize the two respective versions and ensure that they share the same effect. A typographical error listing particular geographical coordinates has also been corrected.

Basin Head Marine Protected Area Regulations

The SJCSR noted two discrepancies between wording employed within the English and French versions of the Regulations. In accordance with the SJCSR’s suggestion, modifications to the language employed in the English provisions have been made to better harmonize the two respective versions and ensure that they share the same effect.

Eastport Marine Protected Areas Regulations

The SJCSR noted two discrepancies between the wording employed within the English and French versions of the Regulations. In accordance with SJCSR suggestions, modifications to the language employed in the English provisions have been made to better harmonize the two respective versions and ensure that they share the same effect.

Alternatives

All changes are minor administrative or technical changes and a number of them were requested by the SJCSR. The corrections provide greater clarity in the Regulations and others ensure consistency in the terminology used between the English and French versions.

There are no other appropriate alternatives to a regulatory amendment.

Benefits and costs

These amendments are intended to effect administrative changes in the respective regulations. Specifically, the changes within this omnibus package help ensure that the English and French versions of the regulations are harmonized, express their desired intent and are void of typographical errors. Failure to address the suggested amendments within this omnibus package would hinder the effective operation of the Regulations.

The changes do not require any new funding and will have negligible impact on Canadians and the government.

Consultation

The benefit of consultations on the amendments is not justified, given the administrative nature of the changes and their negligible impact on Canadians and the government.

Compliance and enforcement

No new enforcement measures or resources are required as a result of these regulatory amendments.

Contact

Jerrid M. Tremaine, B.A., LL.B.
Policy Analyst
Legislative and Regulatory Affairs
Department of Fisheries and Oceans
200 Kent Street
Ottawa, Ontario
Telephone: 613-998-9380
Fax: 613-990-0168
Email: Jerrid.Tremaine@dfo-mpo.gc.ca

Footnote a
 S.C. 1991, c. 1, s. 12

Footnote b
 S.C. 1996, c. 31

Footnote 1
 SOR/86-21

Footnote 2
 SOR/88-258

Footnote 3
 SOR/89-93

Footnote 4
 SOR/90-214

Footnote 5
 SOR/93-55

Footnote 6
 SOR/93-56

Footnote 7
 SOR/93-332

Footnote 8
 SOR/2007-237

Footnote 9
 SOR/2003-87

Footnote 10
SOR/2004-112 

Footnote 11
SOR/2005-293 

Footnote 12
SOR/2005-294 

Footnote 13
SOR/2005-295 

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