Fred Mifflin

[Oceans Act, June 11th, 1996]

moved:

Motion No. 65

That Bill C-26 be amended by adding after line 43, on page 25, the following new Clause:

"39.12 (1) In addition to the procedures set out in the Criminal Code for commencing a proceeding, proceedings in respect of any offence prescribed by the regulations may be commenced by an enforcement officer a ) completing a ticket that consists of a summons portion and an information portion; b ) delivering the summons portion to the accused or mailing it to the accused at the accused's latest known address; and c ) filing the information portion with a court of competent jurisdiction before the summons portion has been delivered or mailed or as soon as is practicable afterward.

(2) The summons and information portions of the ticket must a ) set out a description of the offence and the time and place of its alleged commission; b ) include a statement, signed by the enforcement officer who completes the ticket, that the officer has reasonable grounds to believe that the accused committed the offence; c ) set out the amount of the fine prescribed by the regulations for the offence and the manner in which and period within which it may be paid; d ) include a statement that if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; and e ) include a statement that if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court on the day and at the time set out in the ticket.

(3) Where a thing is seized under this Act and proceedings relating to it are commenced by way of the ticketing procedure, the enforcement officer who completes the ticket shall give written notice to the accused that, if the accused pays the fine prescribed by the regulations within the period set out in the ticket, the thing, or any proceeds of its disposition, will be immediately forfeited to Her Majesty.

(4) Where an accused to whom the summons portion of a ticket is delivered or mailed pays the prescribed fine within the period set out in the ticket, a ) the payment constitutes a plea of guilty to the offence and a conviction must be entered against the accused and no further action may be taken against the accused in respect of that offence; and b ) notwithstanding section 39.3, any thing seized from the accused under this Act that relates to the offence, or any proceeds of its disposition, are forfeited to

(i) Her Majesty in right of Canada, if the thing was seized by an enforcement officer employed in the public service of Canada, or

(ii) Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by the government of that province.

(5) The Governor in Council may make regulations prescribing a ) offences in respect of which this section applies and the manner in which the offences are to be described in tickets; and b ) the amount of the fine for a prescribed offence, but the amount may not exceed $2,000.''

[Oceans Act, June 11th, 1996]

moved:

Motion No. 55

That Bill C-26, in Clause 36, be amended a ) in the English version, by replacing line 2, on page 19, with the following:

"habitat is or is likely to be at risk to the extent that"; and b ) in the French version, by replacing lines 3 to 5, on page 19, with the following:

"incompatible avec quelque accord sur des revendications territoriales ratifié, mis en vigueur et déclaré valide par une loi fédérale."

[Fisheries, June 11th, 1996]

Mr. Speaker, I am not sure what the question was but I will try to address the intonation of the hon. member.

My only comment is that I am disappointed and I am surprised. With the new, moderate approach of the Reform Party I was expecting a different kind of question, so I will take his comment under advisement.

[Fisheries, June 11th, 1996]

Mr. Speaker, I think the hon. member might be a bit confused when he talks about the two commercial fisheries.

Concerning the first commercial fishery that he degraded, just before coming to the House I was briefed by Mr. Matkin who is the chair of the committee that is doing the licence buy-back. In an hour's briefing Mr. Matkin reported very positively on how the plan was proceeding. I am sure the hon. member is very pleased to hear that this plan is getting more and more support as its success becomes even more apparent.

On the second point, with respect to the aboriginal fishery, the hon. member knows that the priority for salmon is escapement or conservation; aboriginal food, social and ceremonial; and then recreation and commercial fishery. This priority is being followed. It is very much in line with the aboriginal fishery strategy of which I am sure the hon. member is aware, but he must have forgotten during his question.

[Oceans Act, June 10th, 1996]

moved:

Motion No. 29

That Bill C-26, in Clause 27, be amended in the French version by replacing line 31, on page 14, with the following:

"d'effet, les intéressés-notamment les provinces-se".

[Oceans Act, June 10th, 1996]

moved:

Motion No. 33

That Bill C-26, in Clause 29, be amended in the French version by replacing lines 4 to 10, on page 15, with the following:

"d'autres ministres et organismes fédéraux, les gouvernements provinciaux et territoriaux et les organisations autochtones, les collectivités côtières et les autres personnes de droit public et de droit privé intéressées, y compris celles constituées dans le cadre d'accords sur des revendications territoriales, dirige et favorise l'élaboration et la mise en".

Motion No. 35

That Bill C-26, in Clause 31, be amended in the French version by replacing lines 31 to 37, on page 15, with the following:

"d'autres ministres et organismes fédéraux, les gouvernements provinciaux et territoriaux et les organisations autochtones, les collectivités côtières et les autres personnes de droit public et de droit privé intéressées, y compris celles constituées dans le cadre d'accords sur des revendications territoriales, dirige et favorise l'élaboration et la mise en".

[Oceans Act, June 10th, 1996]

moved:

Motion No. 5

That Bill C-26, in Clause 2.1, be amended in the French version by replacing line 16, on page 3, with the following:

"ne porte pas atteinte aux droits existants-ancestraux".

Motion No. 22

That Bill C-26, in Clause 23, be amended by replacing line 25, on page 11, with the following:

"the Minister contain-".

Motion No. 38

That Bill C-26, in Clause 32, be amended in the French version a ) by replacing line 11, on page 16, with the following:

"ral, relativement aux activités ou mesures touchant les"; b ) by replacing lines 14 to 16, on page 16, with the following:

"ment avec d'autres ministres ou organismes fédéraux ou d'autres personnes de droit public ou de droit privé, et après avoir pris en considération le point de vue d'autres ministres et organismes fédéraux, des gouvernements provinciaux et territoriaux et des organisations autochtones, des collectivités côtières et des autres personnes de droit public et de droit privé intéressées, y compris celles constituées dans le cadre d'accords sur des revendications territoriales, constituer des organismes de consul-"; and c ) by replacing lines 22 to 26, on page 16, with the following:

"ministres et organismes fédéraux, les gouvernements provinciaux et territoriaux et les organisations autochtones, les collectivités côtières et les autres personnes de droit public et de droit privé intéressées, y compris celles constituées dans le cadre d'accords sur des revendications territoriales, établir des directives,".

Motion No. 42

That Bill C-26 be amended by deleting Clause 32.1.

Motion No. 43

That Bill C-26, in Clause 33, be amended in the French version a ) by replacing lines 9 to 14, on page 17, with the following: a ) coopère avec d'autres ministres et organismes fédéraux, les gouvernements provinciaux et territoriaux et les organisations autochtones, les collectivités côtières et les autres personnes de droit public et de droit privé intéressées, y compris celles constituées dans le cadre d'accords sur des revendications territoriales;''; and b ) by replacing lines 30 to 36, on page 17, with the following:

"par la présente partie, le ministre peut consulter d'autres ministres et organismes fédéraux, les gouvernements provinciaux et territoriaux et les organisations autochtones, les collectivités côtières et les autres personnes de droit public et de droit privé intéressées, y compris celles constituées dans le cadre d'accords sur des revendica-".

Motion No. 49

That Bill C-26, in Clause 35, be amended a ) in the French version, by replacing line 10, on page 18, with the following:

"autres, y compris les mammifères marins, et de"; b ) in the French version, by replacing lines 21 and 22, on page 18, with the following:

"ressources ou habitats marins, pour la réalisation du mandat du minis-"; c ) in the English version, by replacing line 25, on page 18, with the following:

"ment plans referred to in sections 31 and"; d ) by replacing lines 33 and 34, on page 18, with the following:

(a) designating marine protected areas; and"; e ) in the French version, by replacing line 34, on page 18, with the following: b ) prendre toute mesure compatible avec l'objet de la désignation, notamment:''; and f ) in the French version, by deleting lines 39 and 40, on page 18.

Motion No. 57

That Bill C-26, in Clause 37, be amended in the French version by replacing line 15, on page 19, with the following:

"l'exercice d'un pouvoir prévu à l'alinéa 35(3) b )''.

Motion No. 58

That Bill C-26, in Clause 39, be amended in the French version by replacing line 11, on page 20, with the following:

"toute personne agissant sous la direction ou l'autorité".

Motion No. 59

That Bill C-26, in Clause 39.5, be amended by replacing line 41, on page 22, with the following:

"ture or disposition incurred by Her Majesty in right of Canada in".

Motion No. 60

That Bill C-26, in Clause 39.6, be amended by replacing lines 34 to 36, on page 23, with the following: b ) the additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act.''

Motion No. 61

That Bill C-26, in Clause 39.7, be amended by replacing line 43, on page 23, with the following:

"Majesty in right of Canada."

Motion No. 62

That Bill C-26, in Clause 39.9, be amended in the French version a ) by replacing lines 19 and 20, on page 24, with the following: a ) s'abstenir de tout acte ou activité risquant, selon le tribunal, d'entraîner la continuation de''; b ) by replacing line 22, on page 24, with the following: b ) prendre les mesures que le tribunal estime indi-''; c ) by replacing line 27, on page 24, with the following: c ) publier, de la façon indiquée par le tribunal, les''; d ) by replacing line 42, on page 24, with the following: g ) satisfaire aux autres exigences que le tribunal''; and e ) by replacing line 2, on page 25, with the following:

"du tribunal le montant que celui-ci estime indiqué."

Motion No. 63

That Bill C-26, in Clause 39.10, be amended by replacing lines 17 to 20, on page 25, with the following:

"sentence pursuant to the Criminal Code, the court may, in addition to any probation order made on suspending the passing of that sentence, make an order containing one or".

Motion No. 64

That Bill C-26, in Clause 39.11, be amended a ) in the English version by replacing line 31, on page 25, with the following:

"conviction in respect of an offence may be commenced at"; and b ) in the French version by replacing line 22, on page 25, with the following:

"deux ans à compter de la date où le ministre a eu".

Motion No. 72

That Bill C-26, in Clause 42, be amended a ) in the English version, by replacing line 4, on page 28, with the following:

"fishing zones of Canada and adjacent waters;"; and b ) in the French version, by replacing line 12, on page 28, with the following: j ) effectuer des études pour mettre à profit les''.

Motion No. 74

That Bill C-26, in Clause 43, be amended in the French version a ) by replacing lines 32 and 33, on page 28, with the following:

"peut à cet effet établir ou maintenir-notamment à bord de navires-des instituts de recherche, des labora-"; b ) by replacing line 36, on page 28, with the following:

"fonctionnement. Il peut, de plus,"; and c ) by replacing lines 41 and 42, on page 28, with the following:

"États, aux organismes internationaux et à toute autre personne."

Motion No. 75

That Bill C-26, in Clause 45, be amended in the French version a ) by replacing lines 24 and 25, on page 29, with the following:

"ves, à l'intention notamment des hydrographes, relativement à la collecte des données"; and b ) by replacing lines 32 and 33, on page 29, with the following:

"États, aux organismes internationaux et à toute autre personne."

Motion No. 89

That Bill C-26, in Clause 52, be amended by replacing lines 10 and 11, on page 31, with the following:

"within three years after the coming into force of this section, be reviewed by the Standing Committee".

Motion No. 90

That Bill C-26 be amended by adding after line 22, on page 31, the following new Clause:

"52.1 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Act and, in particular, but without restricting the generality of the foregoing, may make regulations a ) prescribing marine environmental quality requirements and standards; b ) respecting the powers and duties of persons designated by the Minister as enforcement officers; and c ) respecting the implementation of provisions of agreements made under this Act.''

Motion No. 91

That Bill C-26, in Clause 53, be amended by replacing lines 23 to 25, on page 31, with the following:

"53. If Bill C-25, introduced during the second session of the thirty-fifth Parliament and entitled An Act respecting regulations and other documents, including the review,".

[Oceans Act, June 10th, 1996]

moved:

Motion No. 1

That Bill C-26, in the Preamble, be amended by replacing lines 1 to 31, on page 1, with the following:

"WHEREAS Canada recognizes that the three oceans, the Arctic, the Pacific and the Atlantic, are the common heritage of all Canadians;

WHEREAS Parliament wishes to reaffirm Canada's role as a world leader in oceans and marine resource management;

WHEREAS Parliament wishes to affirm in Canadian domestic law Canada's sovereign rights, jurisdiction and responsibilities in the exclusive economic zone of Canada;

WHEREAS Canada promotes the understanding of oceans, ocean processes, marine resources and marine ecosystems to foster the sustainable development of the oceans and their resources;

WHEREAS Canada holds that conservation, based on an ecosystem approach, is of fundamental importance to maintaining biological diversity and productivity in the marine environment;

WHEREAS Canada promotes the wide application of the precautionary approach to the conservation, management and exploitation of marine resources in order to protect these resources and preserve the marine environment;

WHEREAS Canada recognizes that the oceans and their resources offer significant opportunities for economic diversification and the generation of wealth for the benefit of all Canadians, and in particular for coastal communities;

WHEREAS Canada promotes the integrated management of oceans and marine resources;

AND WHEREAS the Minister of Fisheries and Oceans, in collaboration with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements, is encouraging the development and".

[Pleasure Craft, June 4th, 1996]

No, Mr. Speaker, I am not intending to bring in a disguised tax. There will be some fees which will be negotiated with the organizations that are calling for these increased safety standards.

The name of the game is increased safety for Canadians. If this is the price, I think it is a good price to pay for the safety and the possible reduction in the loss of 250 lives, one being too many.

[Pleasure Craft, June 4th, 1996]

Mr. Speaker, in response to the hon. member's question, which I know was serious, I remind him and the House there are 250 recreational boating accidents that end in fatality, 50 per cent of which occur in Ontario and Quebec.

These are issues we should concern ourselves with. It is exactly those issue that have caused the coast guard and my department to enter into a discussion with recreational organizations to make sure that things like life jackets and the material that smaller boats are made of are safetied, in particular in areas where we cannot provide the search and rescue facilities to respond to the well over 10,000 incidents we have in Canada during the year.

I understand where the hon. member is coming from but I have to tell him it is in response to serious business and it is for the protection of Canadians at large.