Vol. 145, No. 5 — March 2, 2011
SOR/2011-40 February 10, 2011
FISHING AND RECREATIONAL HARBOURS ACT
ARCHIVED — Regulations Amending the Fishing and Recreational Harbours Regulations
P.C. 2011-220 February 10, 2011
His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 9 of the Fishing and Recreational Harbours Act (see footnote a), hereby makes the annexed Regulations Amending the Fishing and Recreational Harbours Regulations.
REGULATIONS AMENDING THE FISHING AND RECREATIONAL HARBOURS REGULATIONS
1. The long title of the Fishing and Recreational Harbours Regulations (see footnote 1) is replaced by the following:
FISHING AND RECREATIONAL HARBOURS REGULATIONS
2. Section 1 of the Regulations and the heading before it are repealed.
3. Items 14, 36, 54, 62, 85, 120, 150, 156, 162, 181, 186, 190, 195, 216, 225, 234, 241, 291, 294, 305, 313, 330, 332, 343, 357, 359, 390, 396, 398, 426, 430 432, 445, 461, 467, 473, 537, 559, 575, 583, 584, 604, 608, 640, 641, 658, 663, 672, 702, 706, 712, 714, 727, 768, 775, 804, 896, 915, 1014, 1036, 1050, 1072, 1222, 1258, 1267, 1268, 1287, 1294, 1298, 1301, 1309, 1318, 1322, 1323, 1324, 1327, 1331, 1334, 1340, 1341, 1342, 1345, 1346, 1351, 1355, 1356, 1357, 1364, 1365, 1372, 1373, 1381, 1382, 1383, 1387, 1391, 1404, 1405, 1408, 1409, 1410, 1411, 1417, 1419, 1427, 1429, 1441, 1443, 1458, 1461, 1500, 1504, 1515, 1517, 1534, 1565, 1589, 1591, 1598, 1616, 1631, 1664, 1670, 1714, 1748, 1806, 1827 and 1982 of Schedule I to the Regulations are repealed.
4. Item 518 of Schedule I to the Regulations is replaced by the following:
COMING INTO FORCE
5. These Regulations come into force on the day on which they are registered.
(This statement is not part of the Regulations.)
Issue and objectives
In February 1995, as part of the government-wide Program Review Exercise, the Minister of Fisheries and Oceans Canada (DFO) announced that the entire inventory of DFO recreational harbours would be divested to eliminate the costs associated with operating and repairing these facilities. The Minister also announced that the number of DFO fishing harbours would be reduced to focus on those harbours that are most important to the commercial fishing industry. The goal is to rationalize the small craft harbour system from the 1995 inventory of approximately 2 150 fishing and recreational harbours down to approximately 750 core fishing harbours. Since the divestitures began in 1995, approximately 46% of DFO’s harbours have been divested.
The objective of the divestiture of recreational harbours and non-core fishing harbours is to allow DFO to focus its resources on essential fishing harbours for meeting the needs of Canada’s commercial fishing industry. Amending the Fishing and Recreational Harbours Regulations (FRHR) to reflect a transfer of ownership is the final step in the divestiture process.
The FRHR, pursuant to the Fishing and Recreational Harbours Act, apply to all of the fishing and recreational harbours named in Schedule I. In practice, Schedule I provides a list of small craft harbours that are under the control and administration of the Minister of DFO. After the harbour ownership has been transferred to a third party through DFO’s divestiture process, the FRHR no longer apply to the harbour. The purpose of this regulatory amendment is to remove the names of 128 harbour locations in Schedule I, of the FRHR that have already been divested by DFO and should be removed for administrative purposes.
Description and rationale
The Regulations Amending the Fishing and Recreational Harbours Regulations (the Amendments) delete from Schedule I the reference of 128 harbour locations that have been legally transferred/divested to other organizations. The amendments will also modify the name of one harbour.
Under the Small Craft Harbours (SCH) Divestiture Program, DFO-SCH harbour facilities are offered at a nominal cost, first to other federal departments, then to the province, municipality, local non-profit organizations, or First Nations. A condition of transfer in these situations is that eligible recipients assuming ownership of harbours must operate them according to their original purpose while keeping them safe and publicly accessible for at least five years.
Should there be no interest from the above parties, the harbour is then offered to the private sector at full market value through a public tendering process. If this solicits no interest, the facility is then, as a last resort, demolished or removed and the land returned to the original owner.
The harbours being removed from Schedule I have already been divested. In practice, Schedule I provides a list of small craft harbours that are owned and administered by DFO. Once the harbour ownership has been transferred to a third party, DFO is no longer liable, and the FRHR would no longer be applied to the harbour. Amending the FRHR to remove the harbour from Schedule I is an administrative action to complete the divestiture process and update the harbour listing accordingly.
The Amendments will also change the name of one harbour, located in the province of Quebec, from “Havre-St-Pierre - Fishermen’s Section and Ramp” to “Havre-St-Pierre”. The change is required to reflect the new shortened name.
The divestiture process involves extensive local consultations by DFO regional staff. Before divesting any location, consultations are held with harbour users, local governments and community groups, provincial agencies, First Nations, local elected officials and other interested parties. The duration for this process is commonly two years, allowing time for all interested parties to consult with DFO. The consultation component of the divestiture process is designed to ensure that all parties involved, including those using the harbours, are satisfied with the final negotiated result.
Amendments are not expected to cause negative public reaction as the 128 harbours in question have already been divested, and all affected communities are fully aware of the situation. The modification to the harbour name will not cause any negative public reaction as this name better reflects the nature of the small craft harbour location in that community.
Legislative and Regulatory Affairs
Fisheries and Oceans Canada
200 Kent Street
Senior Policy and Program Analyst
Harbour Policy and Program Planning
Fisheries and Oceans Canada
200 Kent Street
R.S., c. F-24