[LAW-LIB:54863]

From: Campbell, Claire (ccampbell@pattonboggs.com)
Date: Thu Feb 28 2008 - 10:35:49 PST

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    I'm attempting to find Canadian legislative history discussing why
    certain sections (12-16 )of the Fisheries Act (of Canada) were repealed
    in 1991. Sections 10-16 were repealed by 1991, c.1, s.3

    I would like to find out if there was any prior discussion on why the
    1991 amendments were made to the Fisheries Act (of Canada). (See below).
    Anything that I have been able to find on the internet does not cover
    statutes this far back, nor does Westlaw.

    It looks like I need the text of the Fisheries Act as it was before the
    1991 amendments, (at least the part that includes the old sections
    10-16);
    the 1991 Bill C-74 or the recommendations presented by Ann Hillyer as
    mentioned in the piece below. I did find one document authored by Ms
    Hillyer on the WCELA site but it does not refer to Chapter 1 section 3
    of the Act nor the old sections 10-16.

    Being totally ignorant of Canadian law, I am hoping some kind soul in
    the Northern section of this great continent will share what they know!

    Many thanks,

    Claire Campbell
    Library Manager - Dallas Office
    Patton Boggs LLP
    ccampbell@pattonboggs.com
    214-758-3533

    FISHERIES ACT AMENDED
    Bill C-74, an Act to amend the Fisheries Act and the Criminal Code,
    received Royal Assent on January 18. It contains a number of changes to
    the Fisheries Act which will result in substantially increased penalties
    available under the Act.
    Prior to enactment, three amendments were made to Bill C-74, all based
    on recommendations in a WCELA brief presented to a legislative committee
    by Ann Hillyer in November. The three changes made to the original bill
    provide that:
    * the Minister must report annually to Parliament on the
    administration of the parts of the Act dealing with fish habitat
    protection and pollution prevention,
    * on sentencing, an offender can be ordered to pay for promoting
    the proper management of fish habitat or the conservation and protection
    of fish habitat, and
    * the Minister may obtain an order to monitor the activities of a
    convicted party for up to three years after sentencing.
    WCELA's brief contained numerous other recommendations for improving the
    Bill which were not incorporated before it was passed.

    Claire Campbell
    Library Manager
    Patton Boggs LLP
    214-758-3533
    ccampbell@pattonboggs.com

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