Vol. 134, No. 44 — October 28, 2000

Regulations Amending the Quebec Fishery Regulations, 1990

Statutory Authority

Fisheries Act

Sponsoring Department

Department of Fisheries and Oceans

REGULATORY IMPACT ANALYSIS STATEMENT

Description

These amendments to the Quebec Fishery Regulations, 1990, made pursuant to the federal Fisheries Act, have been requested by the Government of Quebec which manages that province's freshwater fisheries by agreement with the federal government. Amendments to the Regulations, however, must be processed and approved by the Governor in Council since they are made pursuant to federal legislation.

The current amendments include changes which are necessary to improve the management and administration of fishing activity and which will aid in the conservation and sustainability of the fishery.

1. Fishing Methods

Under the current Regulations, fly fishing is the only fishing method permitted in the Kegaska River system, the Moisie River system and the Bec-Scie River system. This allows for the conservation of salmon and fishing for other species as salmon are not usually caught by the fly fishing method. However, there are very few salmon in the Kegaska Lake portion of the Kegaska River system, in the Little Trout River portion of the Moisie River system and in the Elsie Lake portion of the Bec-Scie River system at the times of year when most fishing takes place. For this reason, limiting the methods of angling allowed is not warranted in these bodies of water.

Therefore, the Regulations are being amended to allow all types of angling in these waters. At the same time, to control incidental salmon catch, a zero catch and possession limit for salmon will be established. This limit will require anglers to release any salmon caught.

2. Licence Conditions

In the current Quebec Fishery Regulations, 1990, commercial fishing requirements, including species that may be taken, waters that may be fished, authorized gear, quotas and close times, are set out in schedules to those Regulations. Although the Fisheries Act authorizes the Governor in Council to make regulations that set out such terms and conditions in licences, to date, the province has not felt the need to do so.

However, it has become evident that a regulatory change is required to manage the fishery in a timely and flexible manner that takes into account both the needs of the ever changing resource and the increasingly individualized needs of commercial fishers.

The proposed amendments are not intended to change current commercial fishing requirements. Rather, they set up a new regulatory framework, replacing the existing schedules with regulations setting out terms and conditions of licences.

3. New Licence Category

A new, more convenient seven-day non-resident sport fishing licence will be established for certain parts of the province. The fee for this licence will be comparable to that of two three-day licences.

In addition to the above, a number of administrative adjustments are necessary to bring the Regulations up to date. These include:

1. Making amendments to take into account the creation of a new Quebec agency, the Société de la faune et des parcs du Québec, which has assumed responsibility for the administration and management of that province's recreational fisheries. The proposed changes to the Quebec Fishery Regulations, 1990 will reword a number of sections in the Regulations to replace references to the old management structure with appropriate references to the new Société. This will include the repeal of a number of obsolete definitions such as "Assistant Deputy Minister" and "Regional Director," positions which do not exist in the new Agency structure.

The need for these amendments results from the recent enactment of the Act respecting the Société de la faune et des parcs du Québec. This Act gives the Société responsibility for ensuring the conservation and sustainable development of wildlife and wildlife habitats (including fish) in Quebec. The Ministry of Agriculture, Fisheries and Food will continue its current responsibility for the issuance of certain commercial fishing licences.

2. Changing the names for certain bodies of water to reflect their current status. For example, the name of the Petit Saguenay River wildlife sanctuary is now designated as a controlled zone (ZEC) and its name must be changed in the Regulations.

3. Changing the descriptions of certain fishing areas to account for changes in major landmarks of those areas. As an example, the description of the area around Lac Saint-Jean must be adjusted following changes in the route of Highway 169.

4. Correcting a number of schedule headings to make them consistent with the text of the Regulations. For instance, some headings in the English version refer improperly to "Close Periods" rather than "Close Times" as is the case in the text of the Regulations.

Alternatives

The substantive amendments in this initiative are the only means of ensuring optimum and flexible management and use of the fisheries. No non-regulatory measures would provide the level of protection and conservation required.

There are no alternatives to the administrative amendments.

Benefits and Costs

The adjustments in these amendments will further improve the conservation of provincial fish stocks and maintain sustainable utilization of the resource. The amendments also allow for more flexible management of the fishery.

These amendments have no impact on Aboriginal fishing for food, social, ceremonial or commercial purposes, as they apply only to sport fishing and non-aboriginal commercial fishing.

These amendments do not impose any costs on the federal or provincial government nor are there costs to anglers.

Consultation

The administrative changes in the proposed Regulations resulting from the replacement of the Quebec Ministry of the Environment and Wildlife with the newly created Société de la faune et des parcs du Québec underwent extensive consultation when the Act creating the Société was proposed. All organizations with an interest in the conservation and harvesting of wildlife and in the development of parks in Quebec were invited to appear before a committee of the National Assembly before the Act was passed. All of the organizations listed below supported the creation of the Société and the Act creating it received unanimous support in the National Assembly of Quebec.

These organizations included:

— the Fédération québécoise de la faune,

— the Fédération québécoise pour le saumon atlantique,

— the Fédération québécoise des gestionnaires de zones d'exploitation contrôlée,

— the Fédération des pourvoyeurs du Québec,

— the Fédération des trappeurs gestionnaires du Québec,

— the World Wildlife Fund for Nature,

— the Union québécoise pour la conservation de la nature, and

— the Association des biologistes du Québec.

With respect to the provisions applying to sport fishing, most of them are administrative changes having no effect on anglers. The changes relating to conditions governing sport fishing affect different local areas in the province. The changes were requested and supported by local chapters of the first four organizations listed above. These organizations represent managers of the wildlife reserves and local anglers.

Finally, the changes in the provisions governing commercial fishing were proposed in co-operation with the Quebec Ministry of Agriculture, Fisheries and Food. There are no substantive changes that affect commercial fishers. The changes maintain the status quo but improve the flexibility of fishery management by using terms and conditions of commercial fishing licences to deal with increasingly individualized fishing requirements.

Compliance and Enforcement

The Fisheries Act provides penalties for offences under the Regulations and offenders may be ordered by the court to pay a fine not exceeding $500,000, to imprisonment for not more than 24 months or both. Furthermore, the courts may order the forfeiture of catches, fishing gear, vessels, vehicles or other equipment used in the commission of an offence and seizures. Licences may also be suspended or revoked.

These amendments to the Regulations do not involve any new enforcement costs.

Contact

Paul-J. Arsenault, Société de la faune et des parcs du Québec, Wildlife Reserves and Regulations Directorate, 675 René-Lévesque Boulevard E, 11th Floor, Room 96, Québec, Quebec G1R 5V7, (418) 521-3880, extension 4767 (Telephone), (418) 646-5179 (Facsimile), paul-j.arsenault@fapaq.gouv.qc.ca (Electronic mail) or Sharon Budd, Regulatory Analyst, Legislative and Regulatory Affairs, Department of Fisheries and Oceans, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 993-0982 (Telephone), (613) 990-0120 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to sections 8 and 43(see footnote a) of the Fisheries Act, proposes to make the annexed Regulations Amending the Quebec Fishery Regulations, 1990.

Interested persons may make representations with respect to the proposed Regulations within thirty 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 Mr. Paul-J. Arsenault, [Société de la faune et des parcs du Québec], Wildlife Territories, Regulation and Licences Branch, 675 René-Lévesque Boulevard East, 11^th Floor, Box 96, Quebec, Quebec G1R 5V7. (Telephone: (418) 521-3880 (extension 4767); facsimile: (418) 646-5179; E-mail address: paul-j. arsenault@fapaq.gouv.qc.ca.)

Ottawa, October 19, 2000

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE QUEBEC FISHERY REGULATIONS, 1990

AMENDMENTS

1. (1) The definitions "Assistant Deputy Minister"(see footnote 1), "Centre d'étude et de recherche Manicouagan", "Chief of the Wildlife Conservation Service"(see footnote 2), "Ministry"(see footnote 3) and "Regional Director" in subsection 2(1) of the Quebec Fishery Regulations, 1990(see footnote 4) are repealed.

(2) The definition "Minister"(see footnote 5) in subsection 2(1) of the Regulations is replaced by the following:

"Minister" means

(a) in respect of the issuing of the commercial fishing licences listed in column I of subitems 1(6) to (20) of Part II of Schedule XXVII, the Quebec Minister of Agriculture, Fisheries and Food, and

(b) in respect of the issuing of the food fishing licence for an aboriginal person referred to in subitem 2(1) of Part II of Schedule XXVII, the Minister designated by the government of Quebec as the Minister responsible for the application of the Act respecting the Société de la faune et des parcs du Québec, S.Q. 1999, c. 36; (ministre)

(3) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order:

"common-law partner" in relation to an individual means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait).

"Société" means the Société de la faune et des parcs du Québec, created under section 1 of the Act respecting the Société de la faune et des parcs du Québec, S.Q. 1999, c. 36; (Société)

2. Subsection 3(3) of the Regulations is replaced by the following:

(3) The fishing restrictions established by these Regulations do not apply to employees of the Société while performing their duties.

3. Section 4(see footnote 6) of the Regulations is replaced by the following:

4. (1) The Société may vary close times, fishing quotas or limits on the size or weight of fish applicable to sport fishing that are fixed in respect of an area under these Regulations so that the variation applies in respect of that area or any portion of that area.

(2) The Société may vary any close time applicable to commercial fishing under these Regulations in respect of the waters referred to in subsection 3(1) or to any portion of them.

(3) The Minister designated by the government of Quebec as the Minister responsible for the application of the Act respecting the Société de la faune et des parcs du Québec, S.Q. 1999, c. 36 may vary any close time fixed by the Aboriginal Communal Fishing Licences Regulations in respect of species of fish or waters referred to in subsection 3(1) so that the variation applies to all of the waters or to any portion of them.

(4) The authorized person making a variation under subsection (1), (2) or (3), shall give notice of it to the persons affected or likely to be affected by it using one or more of the following methods:

(a) broadcasting the notice over a radio or television station that broadcasts in the area or in the vicinity of the area affected by the variation;

(b) posting the notice in the area or in the vicinity of the area affected by the variation;

(c) having a fishery officer, a fishery guardian or a representative of the Société give oral notice of the variation to those persons;

(d) transmitting the notice by electronic means to those persons;

(e) publishing the notice in a newspaper that is circulated in the vicinity of the area affected by the variation;

(f) publishing the notice in the Gazette officielle du Québec; and

(g) publishing the notice in a newsletter or guide that deals with sport fishing or commercial fishing in Quebec, published by the Société or by the Quebec Ministry of Agriculture, Fisheries and Food.

4. (1) Paragraphs 5(2)(c) to (d) (see footnote 7) of the Regulations are replaced by the following:

(c) a resident engaged in sport fishing on the days and in the waters designated by the Société for the purposes of promoting this activity;

(c.1) under 18 years of age and

(d) is the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part I of Schedule XXVII;

(2) Section 5 of the Regulations is amended by adding the following after subsection (2):

(3) If a person referred to in paragraph (2)(c) catches an anadromous Atlantic salmon, that person shall immediately unhook and release the fish into the waters from which it was caught.

(4) The persons referred to in paragraphs (2)(c.1) and (d) are subject to the conditions of the applicable licence.

5. (1) Subsection 13(3)(see footnote 8) of the Regulations is replaced by the following:

(3) An anadromous Atlantic salmon that was caught and retained in a wildlife reserve, in the Gouffre River or in the Ouelle River shall be tagged, by the person who hooked it, with a valid tag issued with that person's licence.

(2) Subparagraph 13(6)(a)(ii)(see footnote 9) of the Regulations is replaced by the following:

(3) Paragraph 13(6)(b)(see footnote 10) of the Regulations is replaced by the following:

(b) an anadromous Atlantic salmon that was obtained from the Société unless a tag of a type approved by the Société has been affixed to it in the manner described in subsection (2).

(4) Paragraph 13(6)(c)(see footnote 11) of the Regulations is repealed.

6. (1) Subsection 15(4)(see footnote 12) of the Regulations is replaced by the following:

(4) A person may have dead smelt in their possession from December 1 to April 24, in Areas 17 and 18, and may use the dead smelt as bait

(a) in the waters of Area 17 during that period; and

(b) in the waters of Area 18 referred to in the table to this subsection, from December 1 to April 15.

(2) The table in subsection 15(4) of the Regulations is amended by adding the following after item 13:

Item	Column I Waters	Column II Township or Z.E.C.
13.1	Sébastien Lake (48°39'N., 71°10'W.)	Falardeau Township

(3) The portion of item 16 of the table in subsection 15(4) of the Regulations in column I is replaced by the following:

Item	Column I Waters
16.	The waters surrounded by the section of Highway 169 connecting to the east the municipality of Dolbeau with the municipality of Saint-Méthode and thence Highway 373 connecting the municipality of Saint-Méthode with the municipality of Dolbeau.

7. Section 19(see footnote 13) of the Regulations is replaced by the following:

19. The Minister or the Société, as the case may be, may issue a licence referred to in column I of an item of Schedule XXVII on receipt of an application and payment of the appropriate fee set out in column II of that item.

8. (1) The portion of subsection 21(1) of the Regulations before paragraph (a) is replaced by the following:

21. (1) For the proper management and control of fisheries, the Minister or the Société, as the case may be, may specify in a licence any term or condition that is not inconsistent with the Fisheries Act or these Regulations concerning one or more of the following matters:

(2) The portion of subsection 21(2)(see footnote 14) of the Regulations before paragraph (a) is replaced by the following:

(2) For the proper management and control of fisheries, the Minister, or the Société, as the case may be, may specify in a licence set out in column I of subitem 2(1) or (2) of Part II of Schedule XXVII any term or condition that is not inconsistent with the Fisheries Act or these Regulations concerning one or more of the following matters:

(3) Subsection 21(3)(see footnote 15) of the Regulations is replaced by the following:

(3) For the purposes of the conservation and protection of fish, the Minister or the Société, as the case may be, may amend any conditions of a licence.

9. Section 22(see footnote 16) of the Regulations is replaced by the following:

22. (1) Subject to subsection (2), every person who is the holder of a licence, or the spouse or common-law partner of the holder of a licence set out in item 1 or 3 of column I of Part I of Schedule XXVII shall, while engaged in any activity to which the licence relates, have the licence or, as the case may be, a valid commercial fisher's identification certificate issued with their licence under subsection 49(2) in their possession and shall, on the request of a fishery officer or fishery guardian, produce it immediately.

(2) If a person who is the holder or the spouse or common- law partner of the holder of a licence set out in column I of paragraphs 1(a) to (d) and 3(a) of Part I of Schedule XXVII or the holder of a licence set out in column I of Part II of Schedule XXVII is requested by a fishery officer or fishery guardian to produce the licence for examination and the person does not have the licence or, as the case may be, a valid commercial fisher's identification certificate issued with their licence under subsection 49(2), in their possession, the person shall present the licence to a fishery officer within 7 days from the date of the request.

10. Subsection 30(3) of the Regulations is replaced by the following:

(3) For the purposes of subsection (2), every line used by a person referred to in paragraph 5(2)(c.1) or (d) is considered to be used by the holder of the licence.

11. Subsection 33(2)(see footnote 17) of the Regulations is replaced by the following:

(2) No person shall engage in sport fishing from a boat or from any other floating apparatus in the waters of the Sainte-Anne River wildlife sanctuary or of the Cap-Chat River, Dartmouth River, Matane River or Petit-Saguenay River controlled zones.

12. Subsection 34(2) of the Regulations is replaced by the following:

(2) Subject to subsection (3), no person shall fish in any salmon river during the period beginning one hour after sunset on any day and ending one hour before sunrise on the following day.

(3) A person may fish, from December 1 to the Thursday preceding the fourth Friday in April, during the hours referred to in subsection (2), in any part of a salmon river in which smelt fishing is permitted.

13. Subsection 35(4)(see footnote 18) of the Regulations is replaced by the following:

(4) For the purposes of subsections (1) to (3), fish caught and retained or, in the case of anadromous Atlantic salmon, caught and released, by a person referred to in paragraph 5(2)(c.1) or (d) shall be counted as fish caught by the holder of the licence.

14. Subparagraph 40(d)(ii)(see footnote 19) of the Regulations is replaced by the following:

15. Section 42(see footnote 20) of the Regulations is replaced by the following:

42. The holder of a licence set out in column I of item 3 of Part I of Schedule XXVII may fish for burbot during the period beginning on December 1 and ending on April 15, using a maximum of two night lines each equipped with no more than 10 hooks, in the waters surrounded by the section of Highway 169 connecting to the east the municipality of Dolbeau with the municipality of Saint-Méthode and thence Highway 373 connecting the municipality of St-Méthode with the municipality of Dolbeau.

16. Sections 47 and 48 of the Regulations are replaced by the following:

47. No person shall engage in commercial fishing under the authority of a licence referred to in item 1 of Part II of Schedule XXVII for fish of a species

(a) that may not be taken or transported under the conditions of the licence;

(b) in waters in which a person may not engage in fishing for that species under the conditions of the licence;

(c) during a period in which a person may not engage in fishing for that species under the conditions of the licence;

(d) during a period in which that species may not be transported under the conditions of the licence;

(e) with a type, quantity or size of fishing gear that may not be used to fish for that species under the conditions of the licence; and

(f) in a manner that may not be used to fish for that species under the conditions of the licence.

48. No person who is engaged in commercial fishing under the authority of a licence referred to in item 1 of Part II of Schedule XXVII shall catch and retain fish of a species

(a) in a quantity greater than that which may be taken or transported in respect of that species under the conditions of the licence; and

(b) that, because of age, sex, stage of development, length or weight, may not be taken or transported under the conditions of the licence.

17. Subsections 49(2)(see footnote 21) and (3)(see footnote 22) of the Regulations are replaced by the following:

(2) The Minister or the Société, as the case may be, shall issue the identification plates referred to in subsection (1), or a commercial fisher's identification certificate, upon payment of an annual fee of $10 per licence holder.

(3) For the purposes of subsection (1), an identification plate is valid if it has not been modified in any way.

(4) For the purposes of section 22, a commercial fisher's identification certificate is valid only if it has been signed by the licence holder and has not been modified in any way.

18. The Regulations are amended by adding the following after section 49:

50. (1) No person who is engaged in commercial fishing under the authority of a licence referred to in item 1 of Part II of Schedule XXVII may catch or retain any species of fish referred to in subsection 3(1) in the waters referred to in that subsection during the close time beginning on January 1 and ending on the last day of February.

(2) The close time referred to in subsection (1) is considered to be a separate close time for every species of fish referred to in subsection 3(1) found in the waters referred to in that subsection.

19. The heading before section 52 and sections 52 to 55(see footnote 23) of the Regulations are repealed.

20. The heading(see footnote 24) after the heading "PART I" in Schedule I to the Regulations is replaced by the following:

Close Times and Fishing Quotas for Certain Species of Fish in the Waters in Area 1, Except for the Waters Referred to in Parts II and IV, and, in the Case of Close Times, in the Waters Referred to in Parts III and V

21. The heading(see footnote 25) after the heading "PART II" in Schedule I to the Regulations is replaced by the following:

Close Times and Fishing Quotas for Certain Species of Fish in the Waters of Wildlife Reserves, Except for the Waters Referred to in Part IV, and, in the Case of Close Times, in the Waters Referred to in Parts III and V

22. The portion of subitems 21(1) and (2) of Part IV of Schedule I to the Regulations in column I is replaced by the following:

Item	Column I Name and Position
21.	Saint-Jean River
	(1) that part between a line perpendicular to the river joining the boundary separating lots 1 and D, Range 1, Haldimand, Douglas Township, to the boundary separating lots 12 and 13, Nord-Ouest-de-la-Ville Range, Douglas Township, and the boundary separating York and Douglas Townships (48°46'17"N., 64°27'06"W.)
	(2) that part between a straight line joining the boundary separating York and Douglas Townships (48°46'17"N., 64°27'06"W.) and the upstream side of the Highway 132 bridge (48°46'19"N., 67°28'31"W.)

23. Items 1(see footnote 26), 2(see footnote 27) and 4(see footnote 28) of Part V of Schedule I to the Regulations are repealed.

24. The heading(see footnote 29) after the heading "PART I" in Schedule II to the Regulations is replaced by the following:

Close Times and Fishing Quotas for Certain Species of Fish in the Waters of Area 2, Except for the Waters Referred to in Parts II and IV, and, in the Case of Close Times, in the Waters Referred to in Parts III and V

25. The heading(see footnote 30) after the heading "PART II" in Schedule II to the Regulations is replaced by the following:

Close Times and Fishing Quotas for Certain Species of Fish in the Waters of Wildlife Reserves, Except for the Waters Referred to in Part IV, and, in the Case of Close Times, in the Waters Referred to in Parts III and V

26. Part II of Schedule II to the Regulations is amended by adding the following after item 2:

Item	Column I Name and Position	Column II Species	Column III Fishing Quota	Column IV Close Time
2.1	Duchénier Wildlife Sanctuary	All species	Same as Part I, Area 2	From the Tuesday following the first Monday in September to the Thursday before the first Saturday in May

27. Part V of Schedule II to the Regulations is amended by adding the following in numerical order:

Item	Column I Name and Position	Column II Territory	Column III Species	Column IV Close Time
0.01	Unnamed Pond (Saint-Gelais) (48°02'N., 67°40'W.)	Bas-Saint-Laurent Z.E.C.	All species	From the Tuesday following the first Monday in September to the third Friday in May
0.2	Great Bouchard Lake (48°16'N., 68°07'W.)	Bas-Saint-Laurent Z.E.C.	All species	From the Tuesday following the first Monday in September to the Thursday before the third Friday in May

28. Item 7 of Part V of Schedule II to the Regulations is repealed.

29. The heading(see footnote 31) after the heading "PART I" in Schedule V to the Regulations is replaced by the following:

Close Times and Fishing Quotas for Certain Species of Fish in the Waters of Area 5, Except in the Case of Close Times, in the Waters Referred to in Part III

30. The heading(see footnote 32) after the heading "PART I" in Schedule VII to the Regulations is replaced by the following:

Close Times and Fishing Quotas for Certain Species of Fish in the Waters of Area 7, Except in the Case of Close Times, in the Waters Referred to in Part III

31. Part V of Schedule X to the Regulations is amended by adding the following after item 8:

Item	Column I Name and Position	Column II Territory	Column III Species	Column IV Close Time
8.1	Pinder Lake (46°15'N., 77°48'W.)	Rapide-des-Joachims Z.E.C.	All species	Same as Part II, Rapide-des-Joachims Z.E.C.
8.2	Little Pinder Lake (46°15'N., 77°47'W.)	Rapide-des-Joachims Z.E.C.	All species	Same as Part II, Rapide-des-Joachims Z.E.C.

32. The heading(see footnote 33) after the heading "PART I" in Schedule XI to the Regulations is replaced by the following:

Close Times and Fishing Quotas for Certain Species of Fish in the Waters of Area 11, Except for the Waters Referred to in Part II and, in the Case of Close Times, in the Waters Referred to in Parts III and V

33. The heading(see footnote 34) after the heading "PART II" in Schedule XI to the Regulations is replaced by the following:

Close Times and Fishing Quotas for Certain Species of Fish in the Waters of Wildlife Reserves, Except in the Case of Close Times, in the Waters Referred to in Parts III and V

34. The heading(see footnote 35) after the heading "PART II" in Schedule XII of the Regulations is replaced by the following:

Close Times and Fishing Quotas for Certain Species of Fish in the Waters of the Wildlife Reserves, Except for the Waters Referred to in Part VI, and, in the Case of Close Times, in the Waters Referred to in Part III

35. Part V of Schedule XV to the Regulations is amended by adding the following in numerical order:

Item	Column I Name and Position	Column II Territory	Column III Species	Column IV Close Time
47.2	Laroche Lake (46°59'N., 72°04'W.)	Batiscan-Neilson Z.E.C.	All species	From the Tuesday following the first Monday in September to the Thursday before the third Friday in May
65.	Portage Lake (47°01'N., 72°00'W.)	Batiscan-Neilson Z.E.C.	All species	From the Tuesday following the first Monday in September to the Thursday before the third Friday in May

36. The heading(see footnote 36) after the heading "PART I" in Schedule XVIII to the Regulations is replaced by the following:

Close Times and Fishing Quotas for Certain Species of Fish in the Waters of Area 18, Except for the Waters Referred to in Parts II, IV and VI and, in the Case of Close Times, in the Waters Referred to in Parts III and V

37. Item 12 of Part II of Schedule XVIII to the Regulations is repealed.

38. Item 16 of Part V of Schedule XVIII to the Regulations is repealed.

39. Part V of Schedule XVIII to the Regulations is amended by adding the following after item 16.3:

Item	Column I Name and Position	Column II Territory	Column III Species	Column IV Close Time
16.31	Pierrot Lake (47°53'N., 70°15'W.)	Lac-au-Sable Z.E.C.	All species	From the second Monday in September to the Thursday before the third Friday in May

40. The portion of item 2 of Part II of Schedule XIX to the Regulations in column I is replaced by the following:

Item	Column I Territory
2.	Port-Cartier—Sept-Îles Wildlife Sanctuary

41. (1) The portion of item 13 of Part IV of Schedule XIX to the Regulations in column I(see footnote 37) is replaced by the following:

Item	Column I Name and Position
13.	Kegaska River
	(1) that part between a straight line joining the point 50°10'53"N., 61°21'00"W. to the point 50°10'41"N., 61°20'59"W. and its source, and its tributaries frequented by salmon, with the exception of the part described in subitem (2)

(2) Item 13 of Part IV of Schedule XIX to the Regulations is amended by adding the following after subitem (1):

Item	Column I Name and Position	Column II Species	Column III Fishing Quota	Column IV Authorised Gear	Column V Close Time
13.	(2) Kegaska Lake	(a) Anadro- mous Atlantic salmon	(a) 0	(a) Fly fishing	(a) From April 1 to March 31
		(b) Other species	(b) Same as Part I, Area 19	(b) All types of angling	(b) Same as Part I, Area 19

42. Item 17 of Part IV of Schedule XIX to the Regulations is amended by adding the following after subitem (13):

Item	Column I Name and Position	Column II Species	Column III Fishing Quota	Column IV Authorised Gear	Column V Close Time
17.	(14) that part of Petite rivière à la Truite between its confluence with the Moisie River and its source, and its tributaries frequented by salmon	(a) Anadro- mous Atlantic salmon	(a) 0	(a) Fly fishing	(a) From April 1 to March 31
		(b) Other species	(b) Same as Part I, Area 19	(b) All types of angling	(b) Same as Part I, Area 19

43. The portion of subitem 18(1) of Part IV of Schedule XIX to the Regulations in column I(see footnote 38) is replaced by the following:

Item	Column I Name and Position
18.	Musquanousse River
	(1) that part between a straight line joining the point 50°11'49"N., 60°58'26"W. and the point 50°11'30"N., 60°57'20"W. and the first rapids (50°15,53"N., 61°02'08"W.), and its tributaries frequented by salmon

44. Item 1(see footnote 39) of Part IV of Schedule XX of the Regulations is replaced by the following:

Item	Column I Name and Position	Column II Species	Column III Fishing Quota	Column IV Autho- rised Gear	Column V Close Time
1.	Bec-Scie River
	(1) that part between the extension of two lines in the general direction of the shoreline over 1 km on both sides of the river and Faure Lake, and its tributaries frequented by salmon, except for the part described in subitem (2)	(a) Anadro- mous Atlantic salmon	(a) 2 small, or 1 small and 1 large, or 1 large, depending on which quota is caught first	(a) Fly fishing	(a) From Septe- mber 1 to June 14
		(b) Other species	(b) Same as Part I, Area 20	(b) Fly fishing	(b) From Septem- ber 1 to June 14
	(2) Elsie Lake (49°45'34"N., 64°00'51"W.), from a point located downstream (49°45'25"N., 64°01'02"W.) to a point located upstream (49°46'06"N., 64°00'32"W.)	(a) Anadro- mous Atlantic salmon	(a) 0	(a) Fly fishing	(a) From April 1 to March 31
		(b) Other species	(b) Same as Part I, Area 20	(b) All types of angling	(b) Same as Part I, Area 20

45. Schedules I to XVII and XXII to XXV to the Regulations are amended by replacing the reference "(Sections 2, 31, 34, 35, 37 and 39)" after the schedule headings with the following reference:

(Sections 2, 31, 34, 35, 37, 39 and 40)

46. Schedules XVIII to XXI to the Regulations are amended by replacing the reference "(Sections 2, 9, 31, 34, 35, 37 and 39)" after the schedule headings with the following reference:

(Sections 2, 9, 31, 34, 35, 37, 39 and 40)

47. Item 1 of Part I of Schedule XXVII to the Regulations is amended by adding the following after subitem 1(e):

Item	Column I Type of licence	Column II Fee(s) for 1998-1999 and subsequent years ($)
1.	(e.1) non-resident (7 consecutive days in the waters of zones 8, 9, 10, 12, 13, 16 and 25)	(e.1) 32.68

48. Schedules XXX(see footnote 40) and XXXI(see footnote 41) to the Regulations are repealed.

COMING INTO FORCE

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

[44-1-o]

XwaYeN (Race Rocks) Marine Protected Area Regulations

Statutory Authority

Oceans Act

Sponsoring Department

Department of Fisheries and Oceans

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Oceans Act (the Act) came into force on January 31, 1997. Part II of the Act authorizes the establishment of an Oceans Management Strategy (OMS) based on the principles of sustainable development, integrated management and the precautionary approach. This part of the Act also provides authority for the development of tools necessary to carry out the OMS, tools such as the establishment of Marine Protected Areas.

(a) the conservation and protection of commercial and non-commercial fishery resources, including marine mammals and their habitats;

(b) the conservation and protection of endangered or threatened species and their habitats;

(c) the conservation and protection of unique habitats;

(d) the conservation and protection of marine areas of high biodiversity or biological productivity; and

(e) the conservation and protection of any other marine resource or habitat as is necessary to fulfill the mandate of the Minister of Fisheries and Oceans.

In 1998, the Minister of Fisheries and Oceans announced four pilot Marine Protected Area initiatives on Canada's Pacific Coast. One of these, Race Rocks in British Columbia, meets the criteria set out in paragraphs 35(1)(b), (d) and (e) above. This regulatory initiative proposes to formally designate, under the Oceans Act, the waters surrounding Race Rocks as XwaYeN (Race Rocks) Marine Protected Area (MPA). In addition, the harvesting of living marine resources within the MPA will be prohibited subject to existing aboriginal or treaty rights.

XwaYeN (pronounced shwai'yen) is located in the Juan de Fuca Strait, 17 kilometres off the coast of Vancouver Island, southwest of Victoria. The islets of XwaYeN (Race Rocks) form the most southerly part of Canada's Pacific Coast.

Named for its strong tidal currents and rocky reefs, the waters surrounding XwaYeN (Race Rocks) are a showcase for Pacific marine life, featuring whales, sea lions, seals, birds and a wide variety of underwater plants and animals. These waters are home to a thriving community of sub-tidal invertebrates, including sponges, anemones, hydroids and soft corals. Crowds of barnacles, tunicates, urchins and sea stars adorn the underwater cliffs. Fish such as sculpin, rockfish and lingcod seek refuge in the rocky crevices and undulating kelp forests.

The area's high velocity tidal currents — up to seven knots — in combination with the climate and the temperature and salinity of the water in the area supplies a generous stream of nutrients and promotes high levels of dissolved oxygen. These factors contribute to the creation of an ecosystem of high biodiversity and biological productivity.

The waters surrounding XwaYeN (Race Rocks) are an important nursery and recruitment area for Northern abalone. In 1999, Northern abalone (Halliotis kamischatkana) was designated as a threatened marine species by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). Protecting this nursery and recruitment area will aid the nurturing of this species. Furthermore, efforts to conserve and protect the biodiversity and biological productivity of the XwaYeN (Race Rocks) marine ecosystem will also enhance the protection of this threatened species.

To provide long-term and comprehensive protection of the diverse species and to maintain the biological productivity of the ecosystem, a prohibition of the harvesting of all living marine resources in the waters surrounding XwaYeN (Race Rocks) is being proposed. Although seasonal fisheries closures under the Fisheries Act have restricted all commercial fishing of finfish and shellfish in the area since 1990, recreational harvesting of salmon and halibut and harvesting of non-commercial species continues. The prohibition of living marine resource harvesting under the Oceans Act will provide a longer-term commitment to the conservation and protection of the XwaYeN (Race Rocks) ecosystem.

In 1980, the province of British Columbia, under the authority of the provincial Ecological Reserves Act, established the Race Rocks Ecological Reserve, which provides for the protection of the terrestrial natural and cultural heritage values (nine islets) and of the ocean seabed (to the 20 fathoms contour line). Ocean dumping, dredging and the extraction of non-renewable resources are not permitted within the boundaries of the Ecological Reserve.

However, the Ecological Reserve cannot provide for the conservation and protection of the water column or for the living resources inhabiting the coastal waters surrounding XwaYeN (Race Rocks). The federal government is using its authority to complement the protection afforded by the Ecological Reserve by prohibiting the harvesting of living marine resources.

Adopting an integrated management approach within the Race Rocks area will provide for a more comprehensive level of conservation and protection for the ecosystem than can be achieved by either an MPA or an Ecological Reserve on its own. Designating a Marine Protected Area within the area corresponding to the Ecological Reserve will facilitate the integration and increase the synergy of conservation, protection and management initiatives under the respective authorities of the two governments.

The Oceans Act mandates the Minister to lead and facilitate the development and implementation of plans for the integrated management of all activities with other ministers and agencies of the Government of Canada, with provincial governments and with affected Aboriginal organizations and coastal communities for the purposes of conservation and protection of Canada's oceans.

This proposal to designate the XwaYeN (Race Rocks) area as a Marine Protected Area under the Oceans Act provides the necessary foundation for the Minister to lead and facilitate the development of an integrated, cooperative ecosystem-based management regime utilizing:

(a) a cooperative, integrated management approach involving several federal and provincial government agencies using their respective authorities to conserve and protect the area;

(b) compliance based on best practices, stewardship and voluntary guidelines; and

(c) assessment of effectiveness of the voluntary initiatives and further restriction as warranted.

Integrating the management of the terrestrial and marine components of the XwaYeN (Race Rocks) ecosystem will facilitate coordinated, effective and efficient management of the area. This cooperative management regime is the preferred approach to the conservation and protection of XwaYeN (Race Rocks) as determined through the consultation process. Candidate activities for cooperative management include marine mammal watching, guided diving, research and education, ballast water management, National Defence and Transport Canada programs in the area.

The designation of the XwaYeN (Race Rocks) as an MPA and the prohibition of harvesting of living marine resources are an important and necessary element in the overall conservation and protection of an ecosystem which is biologically diverse and highly productive.

Alternatives

The status quo was considered unacceptable because even though the area is currently afforded some protection under the Fisheries Act, an MPA designated by regulation under the Oceans Act provides an opportunity to use integrated management tools for conserving and protecting the biodiversity and biological productivity of the area and the threatened Northern abalone.

The proposed option is the designation of the XwaYeN (Race Rocks) MPA by regulation with a prohibition on the harvesting of all living marine resources. This option will provide the primary element required to manage the MPA while allowing the Minister to lead and facilitate the development of an integrated management approach to comprehensive ecosystem management of the area.

This alternative to comprehensive regulation conforms to Regulatory Policy by limiting regulatory burden on Canadians. However, should it become necessary, control of activities in the area by regulation would be considered.

Benefits and Costs

The primary benefit of the proposed Regulations establishing the XwaYeN (Race Rocks) Marine Protected Area is that the foundation will be set for ensuring the conservation and protection of a highly diverse and productive ecosystem of Canada's oceans. It will aid in the prevention of potential ecological deterioration and protect the Northern abalone in that area.

A subsidiary benefit of designating the XwaYeN (Race Rocks) MPA is the opportunity to initiate an integrated management regime based on a cooperative, integrated, ecosystem-based management approach to conserve and protect the area involving several federal and provincial government agencies using their respective authorities; and voluntary compliance through stewardship and cooperation with an alliance of stakeholder groups.

The establishment of this MPA will also demonstrate Canada's resolve to fulfill its commitments under the United Nations Conference on the Law of the Sea (UNCLOS) and the Convention on Biological Diversity (UNEP 1994), as well as Canada's commitment to the IUCN World Commission on Protected Areas Program.

The costs related to the administration and management of the MPA will be managed within existing budgetary allotments.

Consultation

Since its announcement in 1998, the pilot Marine Protected Area process has identified and galvanized strong local support for designation of XwaYeN (Race Rocks) as an MPA. The consultative process has developed new trust-based relationships and the regulatory designation of the MPA will maintain the level of momentum and stakeholder confidence that have now been established.

To facilitate the consultative process, the Race Rocks Advisory Board was established with representation from:

— the Department of National Defence

— Parks Canada

— Fisheries and Oceans Canada

— the Ministry of Environment, Lands and Parks of British Columbia

— the Lester B. Pearson College of the Pacific

— Aboriginal groups through the Coast Salish Sea Council

— the Scientific community

— the Friends of Ecological Reserves

— the Dive community

— the Georgia Strait Alliance

— the Sport Fish Advisory Board — Victoria, representing the recreational fishing community

— local marina operators

— the Canadian Parks and Wilderness Society

— The Northwest Whale Watchers Association

The role of the Race Rocks Advisory Board role was to:

— represent key constituent groups or stakeholders;

— provide advice to Fisheries and Oceans Canada and British Columbia Parks on the consultation process;

— collate and analyze feedback from consultations;

— make consensus-based, recommendations to Fisheries and Oceans Canada and British Columbia Parks for the establishment of a Marine Protected Area in the waters surrounding XwaYen (Race Rocks); and

— ensure community involvement in the establishment and on-going management of XwaYen (Race Rocks) MPA.

Four Coast Salish First Nations, Beecher Bay, T'souke, Songhees and Esquimalt Nations, claim the eastern end of the Strait of Juan de Fuca as part of their traditional territory. Although the creation of the MPA does not restrict harvesting by First Nations for food, social or ceremonial purposes, they volunteered to forego this activity in support of the designation of the MPA.

The Race Rocks Advisory Board provided an excellent forum for issue identification, discussion and resolution. It has functioned well and guided the development of the proposed cooperative management regime. The resulting commitment to stewardship and cooperation in the protection of this area as an MPA has laid the groundwork for a management regime through voluntary compliance that is unprecedented.

In discussing and developing recommendations for designation and management of the Race Rocks Marine Protected Area, all members of the Race Rocks Advisory Board and their constituents clearly understood that, upon designation, the area would be closed to harvesting (commercial and recreational) of all living marine resources. It was also accepted that this would not prevent the removal of marine organisms for scientific or educational purposes as part of an ongoing research program to assess and monitor the long-term health of the XwaYen (Race Rocks) marine ecosystem.

The most direct impact of this prohibition is on the recreational fishing community who have endorsed the implementation of a "no-take" zone within the boundaries of the proposed Marine Protected Area. There will be no impact on the commercial fishing sector as the area has been closed to commercial fishing since 1990 and there is no expectation on the part of the commercial sector that the area will be re-opened in the future. Aboriginal groups have indicated their support to the Race Rocks Advisory Board for the creation of the XwaYeN (Race Rocks) Marine Protected Area by voluntarily choosing not to fish in the area.

The recommendations reflect the outcome of a consensus-based process by the Race Rocks Advisory Board and directions expressed by the public, stakeholders and other partners through consultations conducted over a two-year period.

In addition to sectoral consultations with stakeholders, two public sessions were conducted in February 2000. The public consultations were held to provide opportunities for information and discussion with those persons not represented by particular interest groups. With an attendance of 101 persons, the consultations provided useful fora for the discussion of both the MPA and Ecological Reserve aspects of the initiative. Results of these discussions indicated a high level of support for establishment of a Marine Protected Area at Race Rocks to complement the area's Ecological Reserve status.

Media coverage since the initial announcement of the pilot initiative at XwaYeN (Race Rocks) has been regular, positive and resulted in continued public discussion and interest. Ranging from local newspapers to the Knowledge Network and the Discovery Channel, the coverage has highlighted the ecological values of the proposed MPA and public support for it.

Compliance and Enforcement

Principal stakeholder groups have expressed a keen interest in not only developing "best practices" but also working towards ensuring a high degree of compliance. The development of stewardship initiatives and "best practices" guidelines has already commenced.

The unanimous support for the creation of a Marine Protected Area in the waters surrounding XwaYeN (Race Rocks) suggests that enforcement interventions will rarely be required. XwaYeN (Race Rocks) has resident guardians and an Internet-based series of live video cameras strategically placed in the area. These provide the foundation for a strong community-based compliance environment.

Therefore, management will be achieved through voluntary compliance/best practices guidelines for a number of activities, such as recreational boating, eco-tourism activities, including marine mammal viewing, and diving activity. Monitoring and assessment of the effectiveness of these guidelines will take place over a two-year period. Depending on the results, activity regulations can then be considered if necessary,

Contacts

Camille Mageau, Director, Marine Ecosystem Conservation, Department of Fisheries and Oceans, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 991-1285 (Telephone), (613) 998-3329 (Facsimile), mageauc@dfo-mpo.gc.ca (Electronic mail), or Mary Ann Green, Director, Legislative and Regulatory Affairs, Department of Fisheries and Oceans, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 990-0162 (Telephone), (613) 990-0120 (Facsimile), greenma@dfo-mpo.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 35(3) of the Oceans Act(see footnote b), proposes to make the annexed XwaYeN (Race Rocks) Marine Protected Area 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 Camille Mageau, Director, Marine Ecosystem Conservation, Fisheries and Oceans Canada, 200 Kent Street, Ottawa, ON, K1A 0E6. Telephone: (613) 991-1285; FAX: (613) 998-3329, E-mail: mageauc@dfo-mpo.gc.ca.

Ottawa, October 19, 2000

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

XwaYeN (RACE ROCKS) MARINE PROTECTED AREA REGULATIONS

DESIGNATION

1. The area within the 20-fathom (36.58 metre) contour line as shown on the chart set out in the schedule is hereby designated as the XwaYeN (Race Rocks) Marine Protected Area.

PROHIBITION

2. (1) The definitions in this subsection apply in this section.

"fish" has the same meaning as in section 2 of the Fisheries Act. (poisson)

"fish habitat" has the same meaning as in subsection 34(1) of the Fisheries Act. (habitat du poisson)

(2) No person shall remove from XwaYeN (Race Rocks) Marine Protected Area any

(a) fish;

(b) part of the fish habitat; or

(c) living marine organism that forms part of the ecosystem of fish.

(3) Subsection (2) does not apply to removal for scientific research for the protection and understanding of the XwaYeN (Race Rocks) Marine Protected Area.

COMING INTO FORCE

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

SCHEDULE
(Section 1)

Source: Chart 3641 [1980] of the Canadian Hydrographic Service

[44-1-o]

Order Prescribing the Fee to be Paid by Foreign Nationals to Participate in an International Youth Exchange Program in Canada

Statutory Authority

Financial Administration Act

Sponsoring Department

Department of Foreign Affairs and International Trade

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Department of Foreign Affairs and International Trade (DFAIT) facilitates over sixty bilateral and multilateral Youth Exchange Programs in more than twenty countries. These International Youth Exchanges (IYEs) are agreed on a reciprocal basis. One goal of this arrangement is to exclude, or at least reduce, any adverse effect on local labour markets. Reciprocity of opportunity is accepted as the basis for agreement, rather than strict numerical balance.

IYEs are made up of several components, including:

— The Working Holiday Program (WHP), which accounts for 80 percent of the program participation, provides young people the opportunity to enter Canada or a foreign country for an extended holiday, and to supplement their travel expenses through incidental employment;

— the Student Work Abroad Program (S.W.A.P.), is identical to the WHP but is restricted to full- or part-time students;

— the Young Workers' Exchange Program (YWEP), provides work opportunities to university and college graduates who are seeking practical experience in fields related to their formal training; and

— the Co-op Education Program (Co-Op), which offers university and college students with some practicum experience abroad as part of their curriculum.

DFAIT manages the overall program framework, negotiates reciprocal arrangements with other governments, provides information to potential Canadian participants in the programs, and facilitates working arrangements for the non-government organizations (NGOs) and not-for-profit agencies that directly assist program participants. DFAIT will also take on responsibility for costs incurred at local missions that are required to support the programs but which are not directly related to processing of work permits. The Department of Citizenship and Immigration (CIC) provides work authorizations to foreign nationals entering Canada under one of the programs. The Department of Human Resources Development Canada provides the necessary intelligence pertaining to the youth labour market in Canada and offers needed support to Canadian employers wishing to take advantage of work opportunities for young individuals from abroad.

It is proposed to introduce a participant fee payable by participants entering Canada under an IYE program from Australia and New Zealand, countries which account for about 40 percent of total incoming participants. Both countries now charge a fee to Canadians entering their countries. The increasing volume of participants from these countries in particular, have put pressure on the resources of the departments involved to process the applications and to promote Canadian participation in the programs. The IYE programs operate on a reciprocal basis such that the number of incoming participants to a country should be approximately the same number of outgoing participants. In this regard, increasing demand from countries to send more participants to Canada means that Canada has to be able to send more Canadians out in order to maintain an relatively stable balance.

Revenues from the fees charged will be used by DFAIT to offset the increasing costs associated with the management of these programs, particularly in Australia and New Zealand, and to some extent due to the growing demand from nationals of other countries to enter Canada under one of the programs.

The introduction of a participation fee will allow Canada to properly process incoming participants and to be able to promote the program among Canadian youth, and thus to maintain the reciprocity element of the program. The fees charged under this proposal will apply to participants from Australia and New Zealand.

Alternatives

Possible options include maintaining the current program level, generating revenues to be able to allocate additional resources to meet the increasing program demand or reducing the scope of the program.

There are insufficient resources now dedicated to the management and administration of these programs to adequately respond to the demand that has arisen in recent years and that is expected to increase in coming years. Globalization of trade, cultural exchange and opportunity for personal development is expected to lead to increased expectations for participation in these programs. The Department is not equipped to pro-actively respond to increasing demand for participants wanting to enter Canada, nor to promote the program among Canadian youth. At the present time, available resources cannot handle the current level of demand, let alone the increasing level of demand for increased quotas.

Re-allocating resources from within the Department to meet the demand for the program is not feasible, given the budget reductions faced by the department in recent years. In the absence of revenues from the participation fee, no resources will be devoted to promoting the program, thus making it likely that Canadian participation will decrease. This, in turn, will lead to a need to reduce the quotas of countries sending participants to Canada in order to retain the reciprocity of the program.

It is not feasible to manage the program without a firm resource commitment. Reliance cannot be placed on the possible re-assignment of unused budget resources towards the end of a fiscal year.

Australia and New Zealand now charge a participation fee to Canadians who travel to their country under one of these programs. Since a key feature of these programs is reciprocity, it is reasonable to charge fees to incoming participants.

Within the ambit of the government user fee policy, these participants obtain a distinct benefit under the program and thus should expect to pay for some of the costs involved. The fee will not be charged to participants from countries where there is no equivalent fee charged to Canadians.

A fee will not be charged to Canadians visiting Australia and New Zealand under one of these programs, since they already pay a fee to the other country. Charging a participation fee to an outbound participant would not be fair when they pay a fee to enter the other country.

Benefits and Costs

The key benefit from the use of these resources will be to increase the international awareness of Canada's future leaders and to positively influence future leaders of foreign countries about Canada. In this manner, the program is expected to make a significant impact on the development of Canada's cultural, trade and diplomatic relations in the new millennium.

Program participants from Australia and New Zealand coming to Canada will pay the fee since they benefit from the programs. Thus, the fees will be fair and equitable. The fees charged ($150) will be of a similar value to that charged to Canadians by those countries.

Treasury Board policy requires that funds raised through specific cost recovery initiatives be used specifically in support of the program services against which the fees are collected. DFAIT commits itself to this policy and will ensure that the funds are applied to the costs of delivery of the programs within Canada and to the costs of supporting the program at missions abroad (other than the costs directly associated with processing work permits which fall under CIC responsibility and which will continue to be funded by CIC).

Consultation

Consultations have taken place with NGOs involved in assisting and facilitating the participation of Canadians and nationals of other countries in international youth exchanges.

No significant problems were raised during these discussions, with the exception of the principal NGO involved in the program from the United Kingdom.

Consultations also took place with officials from the governments and embassies of Australia and New Zealand. Since a fee under the Immigration Regulations, 1978 is now charged to participants from New Zealand, there is no objection from New Zealand and Australia to changing the basis for the fee.

Compliance and Enforcement

The fee is payable upon acceptance of an application to enter Canada and will be self-enforcing in that participants will be required to pay the fee prior to obtaining their letter of introduction to Canada.

Contact

Michel Gigault, Head, Youth and Personalities Exchanges Section, International Academic Relations Division, Department of Foreign Affairs and International Trade, 125 Sussex Drive, Ottawa, Ontario K1A 0G2, (613) 996-4527 (Telephone), (613) 995-3238 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Minister of Foreign Affairs, pursuant to paragraph 19(1)(b)(see footnote c) of the Financial Administration Act, proposes to make the annexed Order prescribing the Fee to be Paid by Foreign Nationals to Participate in an International Youth Exchange Program in Canada.

The proposed effective date of this Order is the date of registration thereof with the Clerk of the Privy Council.

Any interested person may make representations concerning the proposed Order within 30 days after the date of publication of this notice. All such representations must be addressed to Michel Gigault, Head, Youth and Personalities Exchanges Section, International Academic Relations Division, Department of Foreign Affairs and International Trade, 125 Sussex Drive, Ottawa, Ontario K1A 0G2 and cite the Canada Gazette, Part I, and the date of this notice.

LLOYD AXWORTHY
Minister

ORDER PRESCRIBING THE FEE TO BE PAID BY FOREIGN NATIONALS TO PARTICIPATE IN AN INTERNAITONAL YOUTH EXCHANGE PROGRAM IN CANADA

INTERPRETATION

1. The definitions in this section apply in this Order.

« international youth exchange program » means a reciprocal exchange program established pursuant to an arrangement concluded between Canada and a foreign state that enables nationals of that state to engage in short-term work or study activities in Canada. (programme d'échanges internationaux visant la jeunesse)

« national », in relation to a foreign state, means an individual who possesses the nationality of that state as determined in accordance with the laws of that state. (national)

FEE

2. Any national of Australia or New Zealand who applies to enter Canada under an international youth exchange program shall, if the application is approved, pay a fee of $150.

PAYMENT

3. The fee referred to in section 2 shall be paid on approval of the application.

COMING INTO FORCE

4. This Order comes into force on the day on which it is registered.

[44-1-o]

Footnote a

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

Footnote 1

SOR/98-218

Footnote 2

SOR/94-392

Footnote 3

SOR/99-264

Footnote 4

SOR/90-214

Footnote 5

SOR/99-264

Footnote 6

SOR/98-218

Footnote 7

SOR/99-264; SOR/93-118; SOR/95-496

Footnote 8

SOR/99-264

Footnote 9

SOR/99-264

Footnote 10

SOR/99-264

Footnote 11

SOR/99-264

Footnote 12

SOR/98-218

Footnote 13

SOR/98-218

Footnote 14

SOR/99-264

Footnote 15

SOR/99-264

Footnote 16

SOR/99-264

Footnote 17

SOR/93-118

Footnote 18

SOR/98-218

Footnote 19

SOR/99-264

Footnote 20

SOR/97-203

Footnote 21

SOR/99-264

Footnote 22

SOR/99-264

Footnote 23

SOR/95-496; SOR/99-264; SOR/97-203

Footnote 24

SOR/91-141

Footnote 25

SOR/91-141

Footnote 26

SOR/98-218

Footnote 27

SOR/98-218

Footnote 28

SOR/98-218

Footnote 29

SOR/91-141

Footnote 30

SOR/91-141

Footnote 31

SOR/91-141

Footnote 32

SOR/91-141

Footnote 33

SOR/91-141

Footnote 34

SOR/91-141

Footnote 35

SOR/91-141

Footnote 36

SOR/91-141

Footnote 37

SOR/93-196

Footnote 38

SOR/93-196

Footnote 39

SOR/93-196

Footnote 40

SOR/99-264

Footnote 41

SOR/93-118

Footnote b

S.C. 1996, c. 31

Footnote c

S.C. 1991, c. 24, s. 6

NOTICE:
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