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FederalDid not become law (session ended)41st Parliament, 1st Session

Bill S-13 explained in plain English

An Act to amend the Coastal Fisheries Protection Act

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
41st Parliament, 1st Session
Bill number
Bill S-13
Full title
An Act to amend the Coastal Fisheries Protection Act
Current status
Did not become law (session ended)
Latest event
At second reading in the House of Commons
Last updated
May 24, 2013

Official Parliament of Canada snapshot for 41st Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At second reading in the House of Commons
Latest Activity
May 24, 2013
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-13 amends the Coastal Fisheries Protection Act to implement international fishing agreements, prohibit the import of illegally caught fish, expand enforcement powers, and increase penalties for violations.

What It Means

Bill S-13 amends the Coastal Fisheries Protection Act to implement two international agreements on fishing and to strengthen Canada's ability to combat illegal fishing. The bill introduces rules to prevent imports of fish or marine plants that were caught illegally, unreported, or unregulated in any country. It prohibits importing such products knowingly, and also prohibits transporting, selling, distributing, buying, or accepting delivery of such products. The bill expands the powers of protection officers (fisheries enforcement officials) to board foreign fishing vessels that have been ordered to a Canadian port by their own flag state (country of origin), in order to verify compliance with foreign fishing laws, international fisheries agreements, or Canada's own fisheries rules. The bill adds new rules for seizing fish and marine plants from foreign vessels and for ordering their forfeiture (transfer to the government) when they were caught illegally. It clarifies when a justice of the peace can issue warrants for seizure and forfeiture. The bill also updates definitions of key terms like "fish" (now including shellfish, crustaceans, and marine animals), "fishing vessel" (expanded to include vessels doing fish processing or transshipment), and "marine plant" (saltwater plants including algae). The bill strengthens penalties for importing illegally caught fish or marine plants, creating fines of up to $500,000 on indictment or $100,000 on summary conviction, with potential doubling for repeat offences. It also allows courts to order additional fines equal to any financial benefits gained from violations. The bill allows the Minister to share information with border and international authorities about foreign vessels and measures taken against Canadian fishing vessels in response to foreign enforcement actions. The act will come into force on a date to be set by order of the Governor in Council.

What This Bill Does
  • Prohibits the importation of fish or marine plants that were caught, harvested, possessed, transported, distributed, or sold in violation of international fisheries treaties Canada is party to, conservation measures of international fisheries management organizations, or foreign fisheries laws
  • Prohibits transporting, selling, distributing, buying, or accepting delivery of such illegally caught fish or marine plants in connection with importation
  • Expands the definition of 'fish' to explicitly include parts, derivatives, shellfish, crustaceans, marine animals, and their eggs, sperm, spawn, larvae, and juvenile stages
  • Expands the definition of 'fishing vessel' to include vessels engaged in fish processing, transshipment of fish or marine plants, and servicing of foreign fishing fleets
  • Adds new definitions including 'Port State Measures Agreement,' 'Fish Stocks Agreement,' 'fisheries management organization,' 'marine plant,' and 'flag state'
  • Allows foreign fishing vessels ordered to a Canadian port by their flag state to enter Canadian fisheries waters for purposes related to verifying compliance with foreign fishing laws, international agreements, or conservation measures
  • Grants protection officers expanded powers to board foreign fishing vessels authorized to enter Canadian waters and to exercise inspection and search powers
  • Adds new procedures for justices of the peace to issue warrants for seizure and forfeiture of fish and marine plants from foreign vessels that violate foreign laws or international agreements
  • Establishes that forfeiture can occur when a foreign flag state does not provide required information within treaty-specified timelines to prevent forfeiture
  • Creates new offence provisions with penalties of up to $500,000 on indictment or $100,000 on summary conviction for importing illegally caught fish, with potential doubling for repeat offences
  • Allows courts to order additional fines equal to financial benefits gained from violations
  • Allows the Minister to disclose information about foreign vessels and enforcement actions to other countries, coastal states, fisheries management organizations, and international organizations
  • Allows the Minister to disclose information about measures taken against Canadian vessels to foreign parties to the Port State Measures Agreement
  • Allows the Minister to share import information with the Canada Border Services Agency for compliance verification
Who Is Affected
  • Persons and businesses importing fish or marine plants into Canada
  • Persons and businesses transporting, selling, distributing, buying, or accepting delivery of fish or marine plants in connection with importation
  • Foreign fishing vessel operators and owners whose vessels are authorized to enter Canadian fisheries waters
  • Foreign fishing vessel operators and owners engaged in illegal, unreported, or unregulated fishing
  • Canadian and foreign fishing industry participants subject to enforcement action
  • Protection officers (fisheries enforcement officials) who administer and enforce the Coastal Fisheries Protection Act
  • Justices of the peace and judges who issue warrants under the Act
  • Foreign flag states whose vessels may be subject to enforcement action or forfeiture
  • Canada Border Services Agency, which will receive fishing import information
  • Coastal states, fisheries management organizations, and international organizations that may receive information about enforcement actions
Rights, Duties, Or Obligations
  • No person may import fish or marine plants known to have been illegally caught, unreported, or unregulated
  • No person may transport, sell, distribute, buy, or accept delivery of such fish or marine plants in connection with importation
  • The owner or person in charge of a place, and every person in the place, must provide reasonable assistance to protection officers, including access to documents, information, and data
  • A person may be accompanied by other people deemed necessary to assist in performing enforcement functions
  • A vehicle (including a fishing vessel) may be stopped, moved, and detained for a reasonable time by a protection officer
  • Protection officers may enter dwelling places only with consent or under warrant authority
  • A justice of the peace may issue warrants authorizing entry and search of places and vessels, including fishing vessels
  • A protection officer may seize fish, marine plants, and other things found as evidence of contraventions
  • A foreign flag state may consent to or object to searches and seizures of its vessels, with specific timelines for response set by regulation
  • Seized goods that are perishable may be disposed of by the protection officer, with proceeds going to the Receiver General
  • Seized goods must be returned or proceeds paid to the person from whom seized if no prosecution occurs within three months or if no forfeiture is ordered
  • The Minister may disclose information about foreign vessels to other countries, coastal states, fisheries management organizations, and international organizations
  • The Minister may share information about measures taken against Canadian vessels with foreign parties to international agreements
  • A justice may order that seized items be sent to a foreign state if that state requests them for administering or enforcing its laws
Important Dates
  • The bill passed the Senate on March 7, 2013
  • The bill is currently at second reading in the House of Commons as of the provided information
  • The Act comes into force on a day to be fixed by order of the Governor in Council (commencement date not yet determined)
Financial Or Tax Impacts
  • Persons convicted of importing illegally caught fish or marine plants may face fines of up to $500,000 on indictment or $100,000 on summary conviction
  • Repeat offences may result in fines doubled to up to $1,000,000 on indictment or $200,000 on summary conviction
  • Additional fines may be imposed equal to financial benefits gained from the violation
  • Seized goods may be forfeited to the Crown, resulting in loss of the goods and any proceeds from their sale
  • Proceeds from the sale of seized goods go to the Receiver General for Canada
  • Canada may recover reasonable costs incurred from detention in port of foreign fishing vessels under Fish Stocks Agreement provisions
  • No tax impacts are specified in the bill
Enforcement Or Penalties
  • Violation of the prohibition on importing illegally caught fish or marine plants: fine of up to $500,000 on indictment or up to $100,000 on summary conviction
  • Repeat violation of the import prohibition: fine of up to $1,000,000 on indictment or up to $200,000 on summary conviction
  • Court may order additional fines equal to the court's estimation of financial benefits gained from the violation
  • Seized fish, marine plants, or other items may be forfeited to the Crown upon court order
  • Seized goods may be detained beyond the initial three-month period if a court so orders
  • A protection officer may seize items, stop and detain vehicles, and enter places to verify compliance
  • A protection officer may remove items from a place, examine things, use communication and computer systems, and conduct tests and analyses
  • A protection officer may take measurements, samples, photographs, recordings, and sketches
  • A protection officer may prohibit or limit access to all or part of a place
  • Fines imposed on foreign fishing vessels constitute a debt due to the Crown by the person lawfully entitled to possession of the vessel at the time of the offence
  • Information regarding enforcement actions may be shared with foreign flag states and other countries
Uncertainties Or Limits
  • The Act states it 'comes into force on a day to be fixed by order of the Governor in Council,' meaning the commencement date is not yet determined
  • The bill does not specify which fisheries management organizations will be prescribed by regulation as meeting the criteria for imported fish prohibitions
  • The bill does not specify the time period within which a foreign flag state must respond to notification of an intention to apply for a search warrant or seizure warrant; this will be set by regulation
  • The bill does not detail how a protection officer should determine whether a person 'knew' that fish or marine plants were illegally caught, which is a requirement for violation of the import prohibition
  • The bill does not specify the procedure by which the Governor in Council will set the commencement date
  • The bill references conservation and management measures incorporated 'by reference' to future international agreements, but does not define how frequently these measures might be updated
  • The bill allows the Minister discretion to disclose information to various parties but does not specify what information must be disclosed versus what may be disclosed
Laws Or Regulations Affected
Coastal Fisheries Protection Act
amended

The Act is amended to add new prohibitions on importing illegally caught fish and marine plants, to expand enforcement powers, to add new definitions, and to create new forfeiture procedures and penalties

Source: Sections 2 through 18 of Bill S-13

Criminal Code
referenced

The definition of 'justice' from the Criminal Code is used throughout the Act for warrant-issuing procedures

Source: Multiple sections reference section 2 of the Criminal Code

Fisheries Act
referenced

Information about measures taken against Canadian fishing vessels under the Fisheries Act may be disclosed under the new provisions

Source: Section 16.5 of the amended Act

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text
Official summary
Official summary (Parliament of Canada)

The official summary published alongside the bill, shown exactly as written.

Source: Parliament of Canada (LEGISinfo)

Third-party sourceView on LEGISinfo

A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. On 8 November 2012, the Leader of the Government in the Senate introduced Bill S-13, An Act to amend the Coastal Fisheries Protection Act (Port State Measures Agreement Implementation Act) in the Senate and it was given first reading. Bill S-13 amends the Coastal Fisheries Protection Act to implement the Port State Measures Agreement, to prohibit the importation of fish caught and marine plants harvested in the course of illegal, unreported and unregulated fishing and to clarify certain powers in respect of the administration and enforcement of the Act.

This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.

View on LEGISinfo

Parliamentary Process

Step 1
First reading
Nov 8, 2012
Completed

Bill S-13, concerning amendments to the Coastal Fisheries Protection Act, completed its first reading in the Senate and proceeded through further legislative stages, eventually reaching second reading in the House of Commons.

Introduction and first reading, Nov 8, 2012
End of stage activity, Nov 8, 2012
Chamber sittings
Introduction and first reading - Nov 8, 2012

On November 8, 2012, Bill S-13, an Act to amend the Coastal Fisheries Protection Act, was introduced and received first reading in the Senate.

Step 2
Second reading
Nov 28, 2012
Completed

This artifact details the procedural progression of Bill S-13 through its second reading in the Senate and subsequent stages, concluding with its current status in the House of Commons.

Second reading, Nov 28, 2012
Referral to committee, Nov 28, 2012
End of stage activity, Nov 28, 2012
Chamber sittings
Debate at second reading - Nov 20, 2012

The Senate sat on November 20, 2012, addressing various statements, routine proceedings, questions, and orders of the day, including the second reading debate on Bill S-13, an Act to amend the Coastal Fisheries Protection Act, which was adjourned.

This Senate debate record from November 20, 2012, primarily features discussions on National Child Day, tributes, and various procedural matters, with the debate on Bill S-13, An Act to amend the Coastal Fisheries Protection Act, being adjourned.

Debate at second reading - Nov 28, 2012

On November 28, 2012, the Senate debated Bill S-13, referring it to committee, and continued debate on Bill S-10 with proposed amendments, alongside other routine proceedings and question periods.

The Senate proceeded with the second reading of Bill S-13, an Act to amend the Coastal Fisheries Protection Act, with a senator raising concerns about warrant provisions and foreign fishing quotas before the bill was referred to committee.

Step 3
Consideration in committee
Feb 28, 2013
Completed

Bill S-13, concerning amendments to the Coastal Fisheries Protection Act, completed its committee review in the Senate on February 28, 2013, and has proceeded to the House of Commons.

Committee report presented, Feb 28, 2013
End of stage activity, Feb 28, 2013
Chamber sittings
Committee report presented - Feb 28, 2013

The Senate received a committee report on Bill S-13, an Act to amend the Coastal Fisheries Protection Act, with the committee reporting the bill without amendment, and the Senate scheduled it for third reading.

Step 4
Third reading
Mar 7, 2013
Completed

Bill S-13, concerning amendments to the Coastal Fisheries Protection Act, has completed its third reading in the Senate and is now undergoing second reading in the House of Commons.

Third reading, Mar 7, 2013
End of stage activity, Mar 7, 2013
Chamber sittings
Debate at third reading - Mar 5, 2013

During the Senate sitting on March 5, 2013, the third reading debate on Bill S-13 concerning amendments to the Coastal Fisheries Protection Act was adjourned, and other legislative and procedural matters were discussed.

Debate at third reading - Mar 7, 2013

The Senate debated and passed Bill S-13, An Act to amend the Coastal Fisheries Protection Act, at the third reading stage to allow Canada to ratify the Port State Measures Agreement against illegal fishing.

Step 1
First reading
Mar 8, 2013
Completed

Bill S-13 completed its first reading in the House of Commons on March 8, 2013.

First reading, Mar 8, 2013
End of stage activity, Mar 8, 2013
Chamber sittings
First reading - Mar 8, 2013

On March 8, 2013, the House of Commons commenced its sitting, with no specific debate or procedural activity related to Bill S-13, an Act to amend the Coastal Fisheries Protection Act, recorded in the provided text.

Step 2
Second reading
May 24, 2013
Not completed

This record details the procedural progression of Bill S-13 through the House of Commons, noting its status at second reading as of May 24, 2013.

Chamber sittings
Debate at second reading - May 24, 2013

This House of Commons sitting on May 24, 2013, included debate at second reading on Bill S-13, an Act to amend the Coastal Fisheries Protection Act, alongside other government orders, statements by members, and oral questions.

During the second reading debate of Bill S-14, the sponsor outlined proposed amendments to enhance the CFPOA to combat foreign bribery, with other MPs discussing transparency and enforcement.

During the second reading debate on Bill S-14, members of the House of Commons discussed proposed amendments to enhance Canada's fight against foreign corruption, including measures against bribery and changes to existing legislation.

Step 3
Consideration in committee
Not reached yet
Not reached

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Marjory LeBreton
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced