Order Fixing the Day on which this Order is Made as the Day on which that Act Comes into Force: SI/2019-40

Canada Gazette, Part II, Volume 153, Number 13

Registration
SI/2019-40 June 26, 2019

PORT STATE MEASURES AGREEMENT IMPLEMENTATION ACT

Order Fixing the Day on which this Order is Made as the Day on which that Act Comes into Force

P.C. 2019-792 June 16, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 19 of the Port State Measures Agreement Implementation Act, chapter 18 of the Statutes of Canada, 2015, fixes the day on which this Order is made as the day on which that Act comes into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council (OiC) brings the Port State Measures Agreement Implementation Act (the PSMA Implementation Act) into force.

The PSMA Implementation Act amends the Coastal Fisheries Protection Act (CFPA) to implement the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA).

Objective

To implement statutory changes to the CFPA which, along with complementary amendments to the Coastal Fisheries Protection Regulations (the Regulations), will enable Canada to ratify the PSMA.

Background

The PSMA supports the creation of a strong international regime to combat illegal, unreported and unregulated (IUU) fishing.

IUU fishing is generally considered to be fishing that contravenes conservation and management measures established by relevant national authorities or under international agreements or other arrangements. IUU fishing is often undertaken by rogue vessels that fly “flags of convenience” (i.e. vessels that fly the flag of States that do not have the capacity or willingness to enforce rules and regulations, with intention to undertake IUU fishing). IUU fishing is a global problem with significant economic, social, and environmental consequences.

While the Department of Fisheries and Oceans (DFO) seeks to ensure that the fishing activities it regulates do not contribute to IUU fishing, IUU fishing has nonetheless had negative impacts on the Canadian fishing industry, as it undermines the livelihoods of regulated fisheries’ participants by distorting prices and profits along the seafood value chain.

The international community has been developing management tools to address IUU fishing at all stages of fishing operations, including vessel registration, fish harvesting, and fish trade (exports and imports). Actions taken in-port (i.e. port State measures) are efficient and cost-effective compared to monitoring, control and at-sea surveillance activities (boarding and inspection, aerial surveillance). Measures taken in-port significantly improve assurances that fish and seafood products entering the marketplace have been caught or acquired legally.

The Food and Agriculture Organization (FAO) of the United Nations is the only intergovernmental forum that has the mandate to negotiate global guidance instruments that promote sustainable fisheries. In November 2009, members of the FAO, including Canada, adopted the PSMA, which sets global minimum standards for actions that port States must take when a foreign vessel, known or suspected to have engaged in or supported (e.g. supply vessels) IUU fishing, seeks to enter port to discharge catch or use port services.

Canada signed the PSMA in 2010 and has publicly stated its intention to ratify the PSMA. Accordingly, in 2015, Parliament passed the PSMA Implementation Act, which included various amendments to the CFPA to implement the PSMA.

Complementary amendments to the Regulations are being made to fully implement the amendments to the CFPA and the PSMA. Canada will be in a position to seek authorization to ratify the PSMA through an Order in Council once the amendments to the CFPA and the Regulations are brought into force.

The PSMA entered into force on June 5, 2016, after 25 States and regional economic integration organizations (e.g. European Union) became parties. There are currently 60 parties to the PSMA.

Departmental contact

For more information, please contact
Renée Sauvé
Acting Director General
External Relations, Strategic Policy
Fisheries and Oceans Canada
Telephone: 613‑990‑9325