Vol. 135, No. 17 — April 28, 2001

Regulations Amending the Migratory Birds Regulations

Statutory Authority

Migratory Birds Convention Act, 1994

Sponsoring Department

Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The objective of the proposed amendments to the Migratory Birds Regulations is to introduce a mandatory requirement for murre hunters in the Province of Newfoundland and Labrador to purchase a Migratory Game Bird Hunting Permit and Habitat Conservation Stamp starting in the fall of 2001. Without the Migratory Game Bird Hunting Permit there is no direct way of knowing how many people hunt murres or how many birds are taken, elements that are important to any game management program. This information is needed not only for the management of the resource but also for the management of the hunt, providing a level of insurance against over-harvest and for continuation of the hunt into the future. A large percentage of murre hunters already hold a permit (58 percent) to hunt migratory game birds (ducks, geese, snipe, etc.); therefore many of the murre hunters will not be affected. This amendment would complete the suite of measures ensuring that the murre harvest management is consistent with migratory game bird harvest management procedures throughout Canada.

The first amendments to the Migratory Birds Regulations were made in 2000 to implement recent changes to the Migratory Birds Convention with the United States with respect to the murre harvest under the Parksville Protocol. These amendments confirmed the privilege of residents of the Province of Newfoundland and Labrador to hunt murres for food, ensured the conservation of murre populations by managing the harvest at a sustainable level, set out hunting zones, bag and possession limits and season dates and allowed murre hunters to hunt from a moving power boat.

The hunting of murres, a collective term for the Common Murre and the Thick-billed Murre, is a long-standing traditional activity in Newfoundland and Labrador where the birds have been taken for subsistence purposes for hundreds of years. The murre harvest is comprised largely of Thick-billed Murres which originate from colonies in the Eastern Canadian Arctic, Greenland, and possibly Europe. The Common Murre, which originates from large colonies in Newfoundland and Labrador, comprises only a small percentage (10 to 15 percent) of the overall harvest. To date, we have not been able to consistently estimate the total harvest of murres because there has been no requirement for murre hunters to hold a Migratory Game Bird Hunting Permit. Between 1977 and 1990, the average harvest by murre hunters who held permits was approximately 400 000 birds. Including an extrapolation for non-permit holders brought the total harvest estimate to roughly 800 000 birds, a level considered unsustainable for the populations. Today, accurate estimates of the harvest cannot be done, since only a portion of the hunting group can be surveyed for the harvest effort.

In the 1980s, Environment Canada recognized that the annual harvest of Thick-billed Murres likely exceeded sustainable levels. Environment Canada implemented an extensive public education campaign to encourage the hunting community to practice conservation. Between 1993-1994 and 1999-2000 the murre hunt was controlled through an Administrative Order under the Migratory Birds Convention Act. In 2000, amendments were made to the Migratory Birds Regulations which allowed the regulation of hunting zones, bag and possession limits and season dates starting in the 2000-2001 season. Since these restrictions have been in place, the harvest of murres has been reduced by approximately 66 percent, to a level which is felt to be sustainable for the population.

Presently, it is estimated that there are approximately 8 000 murre hunters in the Province of Newfoundland and Labrador. Of these, around 58 percent already purchase the Migratory Game Bird Hunting Permit and the associated Habitat Conservation Stamp required to hunt ducks, geese and snipe, etc. at an annual cost of $17. Therefore, the number of hunters likely affected by these Regulations would be approximately 3 400. Arrangements have been made with Wildlife Habitat Canada, the organization which receives the Habitat Conservation Stamp revenue, to use the revenue accrued from the purchase of the Stamp by murre hunters directly on murre conservation efforts throughout their range. This is an action widely supported by the Province of Newfoundland and the Murre Advisory Group (MAG). The MAG is a multi-stakeholder group composed of many individual hunters, hunting associations, the Province and Environment Canada officials which has met annually since 1993-1994 to discuss murre harvest and conservation.

Alternatives

Status Quo

The main purpose of the Migratory Game Bird Hunting Permit is to provide a sampling frame for the National Harvest Survey to conduct scientifically valid surveys of the hunters' take, thereby providing key information necessary for managing a sustainable migratory game bird hunt. The information collected from the purchaser when the Migratory Game Bird Hunting Permit is purchased includes name, address, date of birth and whether the permit holder obtained a permit the previous year; these data go into a national database maintained by Environment Canada. Statistically designed harvest surveys can then be conducted on an annual basis to facilitate the Department's ability to identify what species are being harvested, where and when.

To date the information collected on the murre harvest has been very limited since not all murre hunters have been required to purchase a permit. If less than half of the murre hunters do not purchase the permit and therefore are not included in harvest surveys, the ability to properly manage the harvest is seriously hampered. For example, the average annual harvest by existing permits holders is an estimated 134 000 birds. However, this estimation has to be extrapolated significantly (almost doubling) to account for the murre hunters who do not purchase a permit.

The National Harvest Survey, which provides harvest information, was instituted in 1967 with the purpose of managing populations. It includes the Harvest Questionnaire Survey on sport hunting activities and total kills and the Species Composition Survey on the harvest composition. The names of collaborators to be contacted are chosen from the itemized population of competitive hunters contained in the database of holders of a Migratory Game Bird Hunting Permit.

The result of maintaining the status quo would be to restrict the ability of Environment Canada to manage the murre harvest and ensure effective conservation of the species with the best available information.

Benefits and Costs

Minimal negative socio-economic impacts are expected in Newfoundland and Labrador as a result of requiring all murre hunters to purchase a permit.

In terms of cost, these Regulations are likely to affect close to 3 400 hunters or 42 percent of the estimated murre hunter group in Newfoundland and Labrador. It will mean an annual cost of $17 to each newly permitted hunter ($8.50 for the Migratory Game Bird Hunting Permit and $8.50 for the Habitat Conservation Stamp), a relatively small expenditure compared to the annual costs of purchasing ammunition, gas and provincial and federal permits and licenses.

Bringing the rest of the murre hunters into the regulatory regime would create a level playing field for all hunters in Newfoundland and Labrador.

According to estimates based on the Environment Canada document, The Importance of Nature to Canadians (published 2000), $11.7 billion in expenditures was associated with recreational activities that depend on wildlife and the natural areas that they use. Wildlife (birds and mammals) directly supported $3.6 billion of these expenditures. Migratory birds generated a portion of this spending; over $527 million was spent on recreational waterfowl-related activities, of which $94.4 million was associated with waterfowl hunting. It was estimated that the $94.4 million in waterfowl hunting expenditures contributed $93.4 million to the Gross Domestic Product and sustained approximately 1 600 jobs. Federal and provincial revenue from taxes derived from this activity was estimated at $44.4 million. The proposed amendment will help to ensure that these benefits are sustained year after year. The substantial international benefits provided to citizens of the United States and Latin America are only partially included in these estimates.

Strategic Environmental Assessment

Assessments of the potential environmental effects that will result from having better management of the murre harvest are positive. The Migratory Game Bird Hunting Permit requirement will facilitate the Department's ability to track the number of people who hunt murres and estimate the number of birds harvested each season. These are elements that are important to any game management program. This information is needed not only for the management of the resource but also for the management of the hunt, providing a level of insurance against over-harvest and for continuation of the hunt into the future. Therefore, these Regulations will result in positive environmental effects by facilitating the maintenance of healthy and sustainable populations of murres.

Consultation

The consultation process for the conservation of murre populations began in the mid-1980s when Environment Canada personnel held public information meetings throughout the province to advocate conservation and educate hunters about the life cycle of the animal. The consultation process is now largely conducted through the Murre Advisory Group, a multi-stakeholder group composed of many individual hunters, hunting associations, the province and Environment Canada officials. Since 1993-1994, this group has met annually to review proposed bag limits, season dates and hunting zones in Newfoundland and Labrador. The recommendations of this group influence the annual establishment of the harvest restrictions.

Through news releases, radio interviews, television programs, public meetings and one-on-one dockside interviews considerable effort has been made to advise the public about murre conservation concerns. The murre hunting community in Newfoundland and Labrador has embraced, through these previous public education efforts, the importance of conservation of murres and supports this regulatory initiative.

Early notice of the proposal to improve the management of a sustainable murre harvest was included in Environment Canada's November 1997 and 1998 editions of the Status of Migratory Game Birds in Canada, and in the December 1997, 1999 and 2000 editions of the annual consultation document, Migratory Game Birds in Canada: Proposals for Hunting Regulations. These reports are widely distributed to organizations with an interest in migratory bird conservation in Canada, the United States and other countries. Beginning in November 2000, current reports were also posted on the Canadian Wildlife Service Web site. Interested parties include biologists, hunters and native groups. The reports are also distributed to non-government groups, such as the Canadian Wildlife Federation and its provincial affiliates, the Canadian Nature Federation, World Wildlife Fund, the Nature Conservancy of Canada and Ducks Unlimited. No objections have been received to date.

Further consultations will be held with the Murre Advisory Group and other interest groups concerning the proposal. A notice of intent has already gone out in the 2001 provincial hunting and fishing guide.

Compliance and Enforcement

Under the Migratory Birds Convention Act, 1994, and considering case law, the typical penalty for a summary conviction of an individual for a violation under the Act is approximately $500. Minor offences will be dealt with under a ticketing system. There are provisions for increasing fines for a continuing or subsequent offence. However, an individual may receive a $50,000-maximum fine and/or up to six months in jail for summary (minor) conviction offences and a $100,000-maximum fine and/or up to five years in jail for indictable (serious) offences. Corporations face maximum fines of $100,000 and $250,000 for summary convictions and indictable offences, respectively.

The amendments will facilitate the dissemination of information regarding bag and possession limits, seasons and zones for murres to hunters. The information will be incorporated into national publications, the provincial hunting guide and, as appropriate, press releases or public service announcements.

Canadian Wildlife Service game officers will be primarily responsible for enforcement of the Migratory Birds Regulations. This amendment will necessitate additional enforcement efforts with respect to inspecting hunting areas, hunters for hunting permits, hunting equipment and the number of migratory game birds taken and possessed.

Contacts

Steve Wendt, Chief, Migratory Birds Conservation Division, Canadian Wildlife Service, Environment Canada, Ottawa, Ontario K1A 0H3, (819) 953-1422 (Telephone), (819) 994-4445 (Facsimile), steve.wendt@ec.gc.ca (Electronic mail); Douglas Bliss, Manager, Wildlife Conservation Division, Canadian Wildlife Service, Environmental Conservation Branch, Environment Canada, Sackville, New Brunswick E4L 1G6, (506) 364-5048 (Telephone), (506) 364-5062 (Facsimile), doug.bliss@ec.gc.ca (Electronic mail); Kathrine Leafloor, Regulatory Analyst, Program Integration Branch, Canadian Wildlife Service, Environment Canada, Ottawa, Ontario K1A 0H3, (819) 994-6354 (Telephone), (819) 953-6283 (Facsimile), kathrine.leafloor@ec.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 12 of the Migratory Birds Convention Act, 1994 (see footnote a), proposes to make the annexed Regulations Amending the Migratory Birds 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 Director General, Canadian Wildlife Service, Environment Canada, Ottawa, Ontario K1A 0H3.

Ottawa, April 26, 2001

RENNIE M. MARCOUX
Acting Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE MIGRATORY BIRDS REGULATIONS

AMENDMENT

1. Subsections 5(1) and (2) (see footnote 1) of the Migratory Birds Regulations (see footnote 2) are replaced by the following:

5. (1) No person shall hunt a migratory bird except under authority of a permit therefor.

(2) Subject to subsection 8, no person shall hunt murres except if the person is a resident of the Province of Newfoundland and Labrador, holds a migratory game bird hunting permit and is hunting for human food only.

COMING INTO FORCE

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

[17-1-o]

Regulations Amending the Income Tax Regulations (2000 Drought Regions)

Statutory Authority

Income Tax Act

Sponsoring Department

Department of Finance

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Section 80.3 of the Income Tax Act permits farmers who dispose of animals in their breeding herds due to drought conditions existing in a prescribed drought region in a year to exclude a portion of the sale proceeds from their taxable income until the following year, or the year following a consecutive series of drought years, as the case may be. As a result, the full amount of the proceeds eligible for the deferral will be available to replenish their herds at that time.

Prescribed drought regions are those regions of Canada that are designated, on the advice of the Minister of Agriculture and Agri-food, as suffering from drought conditions during a year. These Regulations, which amend section 7305 of the Income Tax Regulations (the Regulations), prescribes the regions that are eligible drought regions in 2000. It also makes a correction with respect to the designation of a 1999 drought region. These additions to the list of prescribed drought regions are relieving in nature and apply retroactively.

Alternatives

These Regulations are necessary to prescribe drought regions for 2000 that are eligible. The regions prescribed for 2000 were determined by the Minister of Agriculture and Agri-food to have suffered from drought conditions in that year. The other amendment made by these Regulations corrects the name of a drought region in British Columbia that was prescribed for 1999.

Benefits and Costs

These Regulations will allow farmers in the prescribed drought regions to defer income from sales of breeding animals in a year until a subsequent year. The portion of the sale proceeds, which can be deferred by a farmer, increases with the percentage of the farmer's herd which has been sold. In this manner, the tax deferral program is targeted at those farmers most severely disadvantaged by drought conditions.

Consultation

This list of prescribed regions was developed through consultations held by Agriculture and Agri-food Canada with various parties, including provincial agriculture and municipal affairs departments, municipalities, farmers' associations, and crop insurers.

In addition, Canadians were given an opportunity to comment on the regions to be prescribed for 2000 following the publication, by Agriculture and Agri-food Canada, of two initial lists (for Alberta and Saskatchewan) of drought regions on September 25, 2000, and of the final list on February 23, 2001.

Compliance and Enforcement

The Income Tax Act provides the necessary compliance mechanisms. These mechanisms allow the Minister of National Revenue to assess and reassess tax payable, conduct audits and seize relevant records and documents.

Contact

Kerry Harnish, Tax Legislation Division, Department of Finance, L'Esplanade Laurier, 140 O'Connor Street, Ottawa, Ontario K1A 0G5, (613) 992-4385.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 221 (see footnote b) of the Income Tax Act (see footnote c), proposes to make the annexed Regulations Amending the Income Tax Regulations (2000 Drought Regions).

Any interested person 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 this notice, and be addressed to Kerry Harnish, Tax Legislation Division, Department of Finance, L'Esplanade Laurier, 17th Floor, East Tower, 140 O'Connor Street, Ottawa, Ontario K1A 0G5.

Ottawa, April 26, 2001

RENNIE M. MARCOUX
Acting Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE INCOME TAX REGULATIONS (2000 DROUGHT REGIONS)

AMENDMENTS

1. (1) Subparagraph 7305(d)(ii) of the Income Tax Regulations (see footnote 3) is replaced by the following:

(2) Section 7305 of the Regulations is amended by deleting the word "and" at the end of paragraph (c), by adding the word "and" at the end of paragraph (d) and by adding the following after paragraph (d):

(e) the 2000 calendar year are

APPLICATION

2. (1) Subsection 1(1) applies after 1998.

(2) Subsection 1(2) applies after 1999.

[17-1-o]

Regulations Amending the Atlantic Fishery Regulations, 1985

Statutory Authority

Fisheries Act

Sponsoring Department

Department of Fisheries and Oceans

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Since the closure of the groundfish fishery, residents of Newfoundland, Labrador and the Lower North Shore of Quebec have had very limited access to the traditional cod food fishery. Beginning in 1996, access to a recreational fishery for groundfish, which includes fish caught for personal use, has been limited. This fishery is held over two or three weekends each year, with a daily limit of 10 cod. Last year, bad weather compounded the limited access. This has caused some pressure by participants in the fishery to extend the recreational fishing season. The Department of Fisheries and Oceans (DFO) recognises that any extension of fishing season must be weighed against the need to conserve the groundfish stocks. In order to assess the impacts of the fishery, DFO will require additional information on catch and effort (fishing activity) by recreational fishers.

Traditionally, DFO fisheries management activities have focused on the commercial and aboriginal sectors. However, increased participation in the recreational fishery over the past years, coupled with the importance of ensuring conservation of target species, requires a more effective management of recreational use of marine species, such as groundfish, and a better understanding of its overall contribution to fishing mortality.

The Fisheries Resource Conservation Council (FRCC) consults with the fishing industry on an annual basis and provides advice to the Minister on the recommended level of harvest for the various groundfish stocks in Atlantic Canada. Since 1996, the FRCC has recommended better control on the management of the recreational groundfish fishery in Newfoundland and Labrador, including the Lower North Shore of Quebec.

Currently, under the Atlantic Fishery Regulations, 1985, a recreational licence, with an annual fee of $10, is required only for a limited number of species, such as scallops and shark. Recreational fishers are presently not required to submit information on their fishing activity.

To meet the balance between conservation and access, DFO is proposing amendments to the Atlantic Fishery Regulations, 1985, made pursuant to the Fisheries Act, to introduce a recreational fishing licence for groundfish with a reporting requirement in Newfoundland, Labrador and the Lower North Shore of Quebec in the Gulf of St. Lawrence. This includes Subareas 2 and 3, Division 4R and that portion of Division 4S east of 61°31'42" west longitude. Species such as salmon, lobster and crab will remain unavailable to recreational harvesters. The Newfoundland groundfish recreational licensing program is currently being proposed as a pilot project for 2001. After DFO has had the opportunity to assess the program's effectiveness and consult with other provinces and stakeholders, the objective will be implementation in the Atlantic Provinces and Quebec for all finfish and shellfish species in 2002.

One condition attached to the groundfish recreational licence would be a mandatory requirement for fishers to record their catch on the licence and return the licence to DFO within 30 days following the closure of the fishery. Groundfish includes the following: American Angler, American Plaice, Argentine, Atlantic hagfish, Atlantic searobins, Cod, Cunner, Dogfish, Greenland cod, Greenland halibut, Haddock, Halibut, Lumpfish, Ocean pout, Pollock, Arctic cod, Redfish, Roughhead grenadier, Roundnose grenadier, Sandeel, Sculpin, Skate, Winter flounder, Witch flounder, Yellowtail flounder.

Other licence conditions would provide the flexibility to place restrictions on the gear to be used, the area to be fished, the groundfish species to be fished and the time of day fishing could take place. DFO will maintain its ability to close a fishery or reduce the daily or seasonal catch with the use of Variation Orders (i.e. an order to vary a close time, fishing catch limit or limit on the size or weight of fish that has been fixed in respect of an area under the Regulations).

The information obtained on fishing activity from the recreational licences will allow DFO to stabilise year-over-year fishing allocations for the recreational fisheries sector, to extend greater year round access to recreational anglers within the context of Integrated Fisheries Management Plans, to support DFO's core mandate, and to reinforce commitment to conservation of the resource.

The absence of a comprehensive licensing program for marine recreational fisheries means that a valuable source of data is not available. For developing fishing plans, the only source of data is the "Survey of Recreational Fishing in Canada" which is carried out every five years and focuses primarily on freshwater fishing. The major source of data to develop conservation and protection strategies for fish stocks has been information on fishing activities gathered from commercial fisheries licensing programs. These programs enable fishery managers and scientists to identify participants in the fishery, obtain accurate and timely information, and provide a vehicle to communicate information to participants.

The recreational fishing licence will allow for the fishing activity to be spread over a full season, rather than just two or three weekends per year, to pace the fishery and minimise the risk of removing more fish than the stock can safely sustain. It also increases safety at sea by allowing licence holders the flexibility to prepare vessel and gear and to fish for personal use in suitable weather and sea conditions.

Each licence holder will be issued up to 40 tags and will be required, as a condition of licence, to attach the tags to any cod caught and retained in addition to the requirement of recording all groundfish retained on the recreational fishing licence. Based on other fisheries where tags are issued to control the catch limit (e.g. recreational salmon fishery) and based on data recorded with aerial surveys for the groundfish food fishery since 1996, it is expected that a level of fishing effort similar to previous years will be experienced. Close monitoring of the number of participants and the number of tags being used will allow DFO to take corrective measure to further limit the fishing effort, if required.

Anglers under the age of 16 would not require a licence if they are fishing with a licence holder, however their catch will be applied to the limit of the licence holder. If anglers under the age of 16 wish to fish alone, or possess a separate catch limit, they will be required to obtain a licence.

Alternatives

Status quo

The status quo would result in continued lack of data for effective management of the recreational fishery and safety concerns if fishers have to be on the water at any cost during the two or three weekends when the food fishery is open. The fishing activity for the recreational groundfish fishery is significant and the collection of information would allow better management and conservation of this fishery. The status quo would not allow such data to be collected. In addition, the health and safety concerns associated with the opening of the fishery for two or three weekends per year would not be addressed.

Amendments to introduce gear restrictions

Certain marine recreational fishers are subject to species-specific gear restrictions for species such as mackerel, capelin, squid and groundfish, in the existing regulations. It is inappropriate for fisheries that are significant in size, to be controlled with gear restrictions. This is the case for recreational groundfish fishing in Newfoundland, Labrador and the Lower North Shore of Quebec; therefore, continuing with gear restrictions only would not provide information.

Varying areas and seasons

Another option that was considered was the use of Variation Orders. By order, areas or seasons would be varied, when weather conditions are deemed suitable. This option did not allow sufficient notice to fishers to prepare and posed potential pressure on DFO to determine what suitable weather is. The issue of microclimates and sea conditions (i.e. one side of the bay could have excellent weather conditions and the other may not be suitable for fishing) also raised concerns. This option would place undue stress on open fishing areas with migration of people to these groundfish fishing areas.

DFO also considered using existing Variation Order powers to open the groundfish fishery for longer or more frequent periods but determined that such measures could probably result in increased cod catches while the fishing activity information would remain unavailable.

Use of tags

The introduction of tags with the licence is considered necessary for the orderly and safe prosecution of the groundfish fishery. One of the primary goals of tagging is conservation. Tags allow the establishment of seasonal limits to restrict the amount of cod taken. The ease of recognition of the tags enhances the enforcement effort and provides officers with more visible public support. Tags will be non-transferable and will be linked to individual licences.

The option of not issuing tags was rejected because it did not allow proper control on catch limits. Without the introduction of tags, the conservation objective of placing seasonal limits to restrict the amount of cod to be taken cannot be met.

Benefits and Costs

Benefits

The licensing program permits fishing in a planned and predictable manner. Licence holders have the option of fishing at their convenience during the open fishing season. The extended season eliminates the "race to the fish" with its inherent dangers of fishing in poor conditions and using unsafe equipment and non-conservation-oriented fishing practices. DFO uses data on fishing activity for developing conservation and enforcement strategies.

This program also responds to public requests for a more equitable public access to a common resource through the establishment of a traditional recreational fishing season. The current $10 annual fee for a licence will be maintained and available to anyone who requests one. Daily or weekly licences will not be available. The fee structure represents a balance between funding requirements to operate the new licence regime and affordability to users. This program reinforces DFO's position that those who benefit from the resource should contribute to the costs of managing the fishery. The licence provides for greater access and the ability to utilise the resource more effectively.

This licence establishes a catch limit for an existing user group, and enhances the participation of this group. The introduction of a groundfish recreational licence will not interfere with any other fisheries. It will help identify the number of groundfish being presently taken in the groundfish recreational fishery and will create a new management regime to deal with the established and existing user group.

The proposed amendment will allow DFO to gather data when licence holders provide catch information by mailing back the log attached to the licence where catch information is recorded, for stock assessment. That information on species, area and season obtained from the returned licences as well as the number of licences issued will be factored into Integrated Fisheries Management Plans and enforcement strategies.

The licence database will be used by DFO to communicate (phone calls, brochures or handouts with licences) with the recreational fishing community on issues related to fisheries conservation and protection, and science, as well as inform users of boating safety measures and potential harvesting hazards such as contaminated areas. All recreational fishers will be provided with information on conservation limits along with their licence, leading to increased knowledge of the regulatory requirements.

Costs

The cost to the recreational licence holder will be minimal as licences will be issued for the amount of $10.

Fishery officers currently spend a very limited amount of time on groundfish recreational fisheries. As the current enforcement levels are not sufficient for a full season program, in order to achieve an acceptable level of compliance with the new licence requirements, revenues from the licence fees are required to provide the additional patrol requirements. The information on fishing activity will be useful for the management of the groundfish recreational fisheries and also for determining the additional level of enforcement effort that may be required in future years.

Licences will be distributed through a third party with a well-established, extensive and easily accessible network of potential points of sale. A service agreement is being negotiated for delivery of the licence in Newfoundland, Labrador and the Lower North Shore of Quebec in 2001. In addition to all material being produced in both official languages, the distribution network will provide over the counter service in both official languages. A toll free telephone service will also be available to cover those communities where the numbers do not justify a fully bilingual service.

The incremental workload, start-up costs and ongoing costs associated with developing and implementing the program must be, to the extent practical, offset by revenues from licence sales. Part of the revenue from the licence would be re-invested in strengthening enforcement of the recreational fishery and for conservation awareness, in addition to offsetting the costs of delivering the licence regime. The fee collection would also offset the administrative costs of the licence as well as enforcement of the licence conditions.

Consultation

DFO has met with a number of stakeholders to discuss the proposed pilot program in Newfoundland, Labrador and the Lower North Shore of Quebec.

Provincial Governments

On February 26, 2001, a meeting was held with the Deputy Minister, Fisheries and Aquaculture for Newfoundland and the Deputy Minister of Tourism for Newfoundland for a briefing on the proposed pilot program. The response to the briefing was positive and both officials indicated that this program would be in line with public support for changes to the existing recreational fishery, by providing a longer season and the use of tags as an enforcement tool. Although the concept of a licence may spark some negative criticism, it was agreed that the majority of the public would accept this program over the continuation of the status quo. Both levels of Government agreed that the licence would provide an acceptable level of access which was requested by the general public.

Rural Rights and Boat Owners Association

The Rural Rights and Boat Owners Association (the Association) was formed approximately three years ago to address public concerns with respect to rural resource issues such as access to cod and other outdoor recreational activities. In the past three years, this group has been lobbying for changes to the food fishery to bring the fishery more in line with the Maritime Provinces and represents the interest of approximately 5 000 rural Newfoundlanders. Departmental officials met with the Association on March 5, 2001, to discuss the proposed pilot project. Following the briefing, Association representatives indicated their general acceptance of the program as they felt it would represent a major improvement from the status quo. It was also suggested that at least 60 tags should be issued with each licence. The Association was informed that the level of tags and daily limits would be established based on a level the resource could sustain, up to 40 tags per season, per licence. This is similar to the recreational fishing effort in previous seasons.

Fishermen, Food and Allied Workers Union (FFAW)

The Fishermen Food Allied Workers Union (FFAW) represents the commercial fishing sector in Newfoundland and Labrador. The commercial sector is strongly opposed to the introduction of a recreational licence. In December 2000, the FFAW passed a resolution calling for the termination of the food fishery. However, the membership is divided on the issue. The main concern of the commercial sector is that a marine recreational licence will result in additional effort on the resource while the commercial sector remains closed. Although the commercial fishing sector strongly opposes the recreational fishery, a number of broad public policy issues such as access to a common resource will be addressed by the licensing program.

Commercial Fishers

On March 2, 2001, DFO discussed the proposed pilot program for a recreational groundfish licence with representatives of the commercial fishers from the Lower North Shore of Quebec. The main concerns raised by commercial fishers include, the need to establish a minimum age requirement to obtain a licence in order to reduce fishing effort, reduce the recreational fishing season to reduce the incentive for commercial fishers to continue fishing with a recreational licence when the commercial fishery closes, increase enforcement presence, establish a dockside monitoring program, reduce the proposed 40 tags per licence.

To respond to the concerns expressed by the commercial sector, DFO will remain vigilant and reserves the right to take appropriate measures to reduce the impact of the recreational harvest on the resource. The fishing activity by the recreational fisheries sector will be controlled by gear restrictions, seasonal limits controlled with tags, and by an increased fishery officer presence on the waters. If fishing effort is determined to be at a higher level than resources can safely sustain, DFO would take action (e.g., cease the sale of licences and closing the fisheries). The monitoring of the proposed pilot project during the summer months is key to the assessment of a permanent licensing system.

Aboriginal Groups

On February 28, 2001, at a meeting in Bay D'espoir, members of the Conne River Micmac were briefed on the proposed pilot program. They indicated that there was no opposition to the concept as their members would not be affected by the decision. Their cod food fishery is regulated under their communal licence with a separate allocation of the Subarea 3PS cod stock.

A meeting was held on March 6, 2001, with an executive member of the Labrador Inuit Association (LIA) to outline the proposed pilot program. The LIA member indicated that the introduction of a licence for cod will have little or no impact on Aboriginal people in northern Labrador as there is no inshore cod fishery in the area. In the past years, during the weekend food fisheries, very few cod were reported taken. Arctic char and salmon are the main food species for LIA members and both species are managed under a communal licence.

On March 30, 2001, briefing letters, explaining the details of this initiative, were sent to the council of two Aboriginal bands in the Lower North Shore of Quebec. Aboriginal organizations and band members who wish to participate in the consultation process are also invited to make representations with respect to the proposed Regulations during the prepublication period.

Compliance and Enforcement

The Fisheries Act and the Atlantic Fishery Regulations, 1985 are enforced by fishery officers through existing enforcement programs. The Fisheries Act provides for fines up to one $100,000 for summary conviction offences and up to $500,000 for indictable offences.

An offence-ticketing option was considered, but not available at this point. During the pilot, this initiative will be enforced through existing enforcement tools under the Fisheries Act, and gradually the full enforcement tools, such as ticketing, will be implemented.

For the 2001 fishing season, dedicated coverage for the recreational fishery will be met through providing additional funding for fishery officers in each of the ten detachment offices in the Newfoundland Region, and two detachments office in the Laurentian Region. Each detachment would schedule a two-person team to work two days per week during the fishing season.

The regional enforcement strategy includes regular and ongoing patrols, feedback on catch and effort in season and compliance to stress on daily or yearly bag limits. Once fishing activities require area or seasonal closures, the closures will be announced and published in newspapers and enforcement priority will be shifted from tags to close times.

The Canadian Coast Guard will support and enhance this program to address the needs of recreational fisheries, such as safe/ responsible boating, marine search and rescue, marine environmental protection and aid to navigation.

Contacts

Arthur Willett, Chief, Program Planning and Coordination Branch, Department of Fisheries and Oceans, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 990-2472 (Telephone), (613) 990-9691 (Facsimile); Shadi Aghaei, Policy Analyst, Legislative and Regulatory Affairs, Department of Fisheries and Oceans, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 991-1273 (Telephone), (613) 990-0120 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 43 (see footnote d) of the Fisheries Act, proposes to make the annexed Regulations Amending the Atlantic Fishery Regulations, 1985.

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 Arthur Willett, Chief, Program Planning and Coordination Branch, Department of Fisheries and Oceans, 200 Kent Street, Ottawa, Ontario K1A 0E6 (tel.: (613) 990-2472; fax: (613) 990-9691).

Ottawa, April 26, 2001

RENNIE M. MARCOUX
Acting Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE ATLANTIC FISHERY REGULATIONS, 1985

AMENDMENTS

1. Subsection 3(4) (see footnote 4) of the Atlantic Fishery Regulations, 1985 (see footnote 5) is replaced by the following:

(4) Subject to subsection 91(1), the close times set out in these Regulations do not apply with respect to recreational fishing in accordance with subsection 15(1) or (2).

2.(1) Paragraph 15(2)(a) of the Regulations is replaced by the following:

(a) for groundfish with a hand-line or by angling except in the waters of Subareas 2 and 3, Division 4R and that portion of Division 4S east of 61°31'42" west longitude;

(2) Section 15 of the Regulations is amended by adding the following after subsection (2):

(2.1) A person less than 16 years of age who does not hold a licence may engage in recreational fishing when accompanied by the holder of a recreational fishing licence if the fishing is done in accordance with the conditions of the licence.

3.(1) Section 91 of the Regulations is amended by adding the following after subsection (2):

(2.1) No person shall engage in recreational fishing for groundfish in the waters of Subareas 2 and 3, Division 4R and that portion of Division 4S east of 61°31'42" west longitude, except under the authority of a recreational fishing licence issued under these Regulations.

(2) Section 91 of the Regulations is amended by adding the following after subsection (3):

(4) For the purposes of subsection (3), fish caught and retained by a person less than 16 years of age who is fishing without a recreational fishing licence in accordance with subsection 15(2.1) shall be counted as fish caught and retained by the holder of a recreational fishing licence who is accompanying that person.

COMING INTO FORCE

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

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Regulations Amending the Employment Insurance Regulations

Statutory Authority

Employment Insurance Act

Sponsoring Department

Department of Human Resources Development

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The present regulatory changes expand upon amendments made to the Employment Insurance Act (EI Act) that came into force on July 31, 2000, with the coming into force of the majority of provisions in Bill C-23 (the Modernization of Benefits and Obligations Act). They ensure that the Employment insurance (EI) program will afford common-law same-sex partners the same benefits and obligations provided to common-law opposite-sex partners.

Bill C-23 made changes to 68 federal statutes in order to ensure that common-law partners, whether opposite sex or same-sex, are treated the same.

Accordingly, at this time there are four minor regulatory changes that need to be made to the Employment Insurance Regulations (EI Regulations). The first regulatory change is necessary to establish a parallel with the Income Tax Act (ITA), namely a change to section 122.6 of the ITA, which adds a definition of cohabiting spouse or common-law partner. Subsections 34(1), (3), (4) and (5) will be changed in both official versions: in English, by replacing the expression "cohabiting spouse" by "cohabiting spouse or common-law partner," and in French, the expression "conjoint visé" will be replaced by "époux ou conjoint de fait visé." This change also makes a minor housekeeping clarification to the French version of subsection 34(5) of the EI Regulations with the addition of the word "visé" to the present text.

The second provision makes two minor additions to the provisions governing "just cause" for voluntarily leaving a job that are found in paragraph 29(c) of the EI Act. A claimant who voluntarily leaves employment without just cause can be disqualified from receiving benefits pursuant to subsection 30(1) of the EI Act. While the term is not specifically defined in the Act, paragraph 29(c), provides the test for "just cause" and lists a number of circumstances where it could exist. Therefore, in cases where the claimant is found to have just cause for voluntarily leaving employment, the claimant would not be disqualified from receiving benefits for that reason.

The regulatory changes reflect two situations that have already been held to constitute just cause for voluntary separation in EI case law. The first of the voluntarily leaving provisions provides that, as in the case of following a spouse, it may now be just cause to leave one's job to follow a common-law partner:

— who has been transferred;

— if one of the partners has given or is about to give birth to a child; or

— if a child has been placed with one of them for adoption.

The second minor change is to ensure that there can be just cause to leave a job voluntarily if there is an obligation to care for a member of one's immediate family, including where the person being cared for is a member of the claimant's immediate family by virtue of a common-law relationship.

The final changes are minor adjustments to the wording of the French text to parallel the wording in the English version of the Act, and a provision to change the definition of what constitutes a claimant's immediate family in the "Outside of Canada" regulation. Generally, a claimant is not entitled to receive benefits for any period during which he is not in Canada (section 37 of the EI Act). Regulation 55 (the "Outside of Canada regulation") sets out the only circumstances under which a claimant outside of Canada is not disentitled from receiving benefits and the number of weeks of benefit to which such a claimant is entitled. The definition of a claimant's immediate family has been expanded to cover the same relationships when they arise out of a common-law relationship.

This impacts on the issue of voluntarily leaving employment as well, because to do so in order to take care of a member of one's immediate family can be considered as just cause, depending on all the circumstances.

Alternatives

These amendments are required to implement the provisions of Bill C-23 which will bring federal legislation, including the Employment Insurance Act and 67 other statutes, into conformity with the Charter and with recent case law from the Supreme Court of Canada. The provisions of Bill C-23 and the changes to the EI Act and Regulations ensure that common-law partners, whether of the opposite or same sex, are treated equitably.

Benefits and Costs

The additional benefit and administrative costs of these regulatory changes will be minimal. They are consequential to the provisions of Bill C-23 which apply to the EI Act and were included in the amounts that were approved by Cabinet when it was decided to proceed with Bill C-23 as an omnibus bill. It is estimated that the changes to both the EI Act and Regulations will cost overall about $3.25 million per year.

Consultation

These regulatory amendments were prepared by Human Resources Development Canada, Insurance Policy, in consultation with Insurance Program Services, Systems, and the Social Policy Development Group in Strategic Policy and Legal Services within Human Resources Development Canada (HRDC).

These changes are consequential to Bill C-23 and as such the principles in them were discussed in the House of Commons, the Senate and in detail before the Committees that deal with justice and human rights. Consultations will be carried out with the public at large by means of pre-publishing these amendments in the Canada Gazette, Part I.

Compliance and Enforcement

Existing compliance mechanisms contained in HRDC's adjudication and control procedures will ensure that these changes are properly implemented.

Contact

Johanne Goyette, Senior Policy Advisor, Policy and Legislation Development, Insurance, Human Resources Development Canada, 140 Promenade du Portage, 9th Floor, Hull, Quebec K1A 0J9, (819) 994-8365 (Telephone), (819) 953-9381 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Canada Employment Insurance Commission, pursuant to subparagraph 29(c)(xiv), section 37 and paragraphs 54(d) and (z.4) of the Employment Insurance Act (see footnote e), proposes, subject to the approval of the Governor in Council, to make the annexed Regulations Amending the Employment Insurance 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 Johanne Goyette, Policy and Legislation Development, Insurance Branch, Human Resources Development Canada, 9th floor, 140 Promenade du Portage, Ottawa, Ontario K1A 0J9.

Ottawa, April 26, 2001

RENNIE M. MARCOUX
Acting Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE EMPLOYMENT INSURANCE REGULATIONS

AMENDMENTS

1. (1) Subsection 34(1) of the Employment Insurance Regulations (see footnote 6) is replaced by the following:

34. (1) For the purposes of this section, "adjusted income", "base taxation year" and "cohabiting spouse or common-law partner" have the same meanings as in section 122.6 of the Income Tax Act.

(2) Subsections 34(3) and (4) of the Regulations are replaced by the following:

(3) Where a claimant establishes, in the manner directed by the Commission under section 16 of the Act, that the claimant or the claimant's cohabiting spouse or common-law partner is in receipt of a child tax benefit for the month preceding the Sunday of the week in respect of which the claimant makes a claim for benefits, the claimant's rate of weekly benefits for that week shall be increased by the amount of a family supplement determined in accordance with this section.

(4) The claimant's rate of weekly benefits for a week shall not be increased under this section if benefits are also payable to the claimant's cohabiting spouse or common law partner for that week at a rate increased under this section.

(3) The portion of subsection 34(5) (see footnote 7) of the Regulations before the table is replaced by the following:

(5) The family supplement is the amount determined in accordance with the following table, taking into account the family income and the number and ages of the children for which the claimant or the claimant's cohabiting spouse or common-law partner receives a child tax benefit:

2. The Regulations are amended by adding the following after section 51:

Prescribed Circumstances for the Purposes of Subparagraph 29(c)(xiv) of the Act

51.1 For the purposes of subparagraph 29(c)(xiv) of the Act, other reasonable circumstances include

(a) circumstances in which a claimant has an obligation to accompany to another residence a person with whom the claimant has been cohabiting in a conjugal relationship for a period of less than one year and where

(b) circumstances in which a claimant has an obligation to care for a member of their immediate family within the meaning of subsection 55(2).

3. (1) Paragraph 55(1)(b) of the Regulations is replaced by the following:

(b) for a period of not more than seven consecutive days to attend the funeral of a member of the claimant's immediate family or of one of the following persons, namely,

(2) Paragraphs 55(1)(c) and (d) of the French version of the Regulations are replaced by the following:

c) accompagner, pendant une période ne dépassant pas 7 jours consécutifs, un proche parent à un hôpital, une clinique médicale ou un établissement du même genre situés à l'étranger pour un traitement médical qui n'est pas immédiatement ou promptement disponible dans la région où ce parent réside au Canada, si l'établissement est accrédité pour fournir ce traitement par l'autorité gouvernementale étrangère compétente;

d) visiter, pendant une période ne dépassant pas 7 jours consécutifs, un proche parent qui est gravement malade ou blessé;

(3) Subsections 55(2) and (3) of the Regulations are replaced by the following:

(2) For the purpose of subsection (1), the following persons are considered to be members of the claimant's immediate family:

(a) the father and mother of the claimant or of the claimant's spouse or common-law partner;

(b) the spouse or common-law partner of the father or mother of the claimant or of the claimant's spouse or common-law partner;

(c) the foster parent of the claimant or of the claimant's spouse or common-law partner;

(d) a child of the claimant's father or mother or a child of the spouse or common-law partner of the claimant's father or mother;

(e) the claimant's spouse or common-law partner;

(f) a child of the claimant or of the claimant's spouse or common-law partner;

(g) a ward of the claimant or of the claimant's spouse or common-law partner; and

(h) a dependant or relative residing in the claimant's household or a relative with whom the claimant permanently resides.

COMING INTO FORCE

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

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Footnote a

S.C. 1994, c. 22

Footnote 1

SOR/2000-331

Footnote 2

C.R.C., c. 1035

Footnote b

S.C. 2000, c. 12, s. 142 (Sch. 2, par. 1(z. 34))

Footnote c

R.S., c. 1 (5th Supp.)

Footnote 3

C.R.C., c. 945

Footnote d

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

Footnote 4

SOR/94-60

Footnote 5

SOR/86-21

Footnote e

S.C. 1996, c. 23

Footnote 6

SOR/96-332

Footnote 7

SOR/99-290

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