ARCHIVED — Vol. 146, No. 6 — March 14, 2012

Registration

SOR/2012-32 March 2, 2012

FISHERIES ACT

Regulations Amending the Saskatchewan Fishery Regulations, 1995

P.C. 2012-234 March 1, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 43 (see footnote a) of the Fisheries Act (see footnote b), hereby makes the annexed Regulations Amending the Saskatchewan Fishery Regulations, 1995.

REGULATIONS AMENDING THE SASKATCHEWAN
FISHERY REGULATIONS, 1995

AMENDMENTS

1. Subsection 4(3) of the Saskatchewan Fishery Regulations, 1995 (see footnote 1) is replaced by the following:

(3) An Indian may, without a licence, fish by means of a spear, by bow and arrow or by angling, solely for the purpose of catching fish for food for their personal use or for the use of the Indian’s immediate family.

2. Subsection 6(1) of the Regulations is replaced by the following:

(1) For the proper management and control of fisheries and the conservation and protection of fish, the provincial Minister may specify in a licence any condition that is not inconsistent with these Regulations respecting any of the matters set out in paragraphs 22(1)(a) to (z.1) of the Fishery (General) Regulations.

COMING INTO FORCE

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The amendments to specific provisions of the Saskatchewan Fishery Regulations, 1995 are intended to address issues raised by the Standing Joint Committee for the Scrutiny of Regulations.

The following issues were identified:

  1. Subsection 4(2) of the Saskatchewan Fishery Regulations, 1995 refers to catching fish “for food for . . . personal use” and subsection 4(3) of the Saskatchewan Fishery Regulations, 1995 refers to catching fish “for personal use.” In this instance, no distinction between the two provisions was intended.
  2. Subsection 6(1) of the Saskatchewan Fishery Regulations, 1995 outlines parameters with which the provincial Minister can specify licence conditions. The subsection uses the following wording: “without restricting the generality of the foregoing,” and in this instance, the language is not required.

Description and rationale

The regulatory amendments

1. amend subsection 4(3) by replacing the phrase “to catch fish solely for personal use” with the language “solely for the purpose of catching fish for food for their personal use” to ensure the language is consistent with that used in subsection 4(2).

  • In formulating the amendments, Fisheries and Oceans Canada (DFO) and the Saskatchewan Ministry of Environment, which is responsible for administering these Regulations, have determined that, for purposes of greater clarity and consistency, subsection 4(3) should be amended to more closely parallel the language used within subsection 4(2) of the Regulations. Both provisions are intended to relate to fishing by an Indian (as defined in the Saskatchewan Fishery Regulations, 1995) for food.

2. amend subsection 6(1) to remove the wording “without restricting the generality of the foregoing” and to adjust the text of the provision accordingly.

  • The Saskatchewan Ministry of Environment has indicated that when specifying conditions in a licence, the provincial Minister does not rely upon the non-exhaustive wording “without restricting the generality of the foregoing” found in subsection 6(1) of the Saskatchewan Fishery Regulations, 1995. Removal of the noted text and ensuing minor modifications to the provision will therefore limit the licence conditions which may be specified by the provincial Minister pursuant to section 22 of the Fishery (General) Regulations. This proposed approach would therefore more accurately reflect past and present provincial practices in the setting of licence conditions.

Consultation

As the amendments to the Saskatchewan Fishery Regulations, 1995 are technical and relatively minor administrative changes, it was determined that external consultation was not necessary. However, in formulating the proposed amendments, DFO consulted with the Saskatchewan Ministry of Environment to ensure that the revisions more effectively reflect how the province administers the Saskatchewan Fishery Regulations, 1995.

As these amendments are primarily administrative in nature and seek to more accurately reflect how the Regulations are administered by the Saskatchewan Ministry of Environment, the impact on First Nations, the public and/or stakeholders is low. The amendments do not change the Saskatchewan Fishery Regulations, 1995 in a way that would impact fishing or fisheries management.

Implementation, enforcement and service standards

The amendment will not generate any new costs in terms of administration or enforcement of these Regulations, as no additional enforcement resources will be required to implement the amendment.

Contacts

Samia Hirani
Regulatory Analyst
Legislative and Regulatory Affairs
Fisheries and Oceans Canada
Ottawa, Ontario
Telephone: 613-990-0122
Email: samia.hirani@dfo-mpo.gc.ca

Chris Dunn
Manager
Fisheries Management Unit
Environment
Government of Saskatchewan
P.O. Box 3003
800 Central Avenue
Prince Albert, Saskatchewan
Telephone: 306-953-2675
Email: chris.dunn@gov.sk.ca

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

Footnote b
R.S., c. F-14

Footnote 1
SOR/95-233