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HomeMy WebLinkAboutBy-law 7180/11 The Corporation of the City of Pickering By-law No. 7180/11 Being a by-law to prohibit the possession, sale, trade and distribution of shark fins or derivative products Whereas section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25 (hereinafter the "Municipal Act 2001") states that the powers of a municipality shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; And whereas section 8(3) of the Municipal Act 2001, authorizes a municipality to regulate or prohibit a matter for which it may pass a by-law under section 11 of the Municipal Act 2001; And whereas section 11(2) 5. of the Municipal Act 2001, authorizes a municipality to regulate matters related to the economic, social and environmental well-being of the municipality; And whereas section 11(2) 6. of the Municipal Act 2001, authorizes a municipality to regulate matters related to the health, safety and well-being of the inhabitants of the municipality; And whereas section 11(2) 8. of the Municipal Act 2001, authorizes a municipality to regulate matters for the protection of persons within the municipality; And whereas the consumption of shark fins and shark fin derivative products by humans may cause serious health risks, including risks from mercury; And whereas the practice of shark finning, where a shark is caught, its fins are sliced off while many are still alive, and the live animals returned to the sea severely and almost always fatally wounded, constitutes a serious threat to the oceans' ecosystems and biodiversity; And whereas over 70 million sharks are being slaughtered every year for their fins, a rate at which experts predict could result in the loss of many shark species within a decade; And whereas the risk to the health of the City's inhabitants and the negative impact to the oceans' ecosystems, posed by the consumption and trade in shark fins, are both municipal issues that affect the citizens of Pickering; BY-LAW NO. 7180/11 Page 2 Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: Part I Definitions 1. For the purpose of this By-law: "City" means the geographical. area of the City of Pickering or The Corporation of the City of Pickering, as the context requires; "Council"means the elected council for the City; "Officer means a municipal by-law enforcement officer appointed by the City; "Person" includes a corporation and the heirs executors, administrators or other legal representatives of a person to whom the context.can apply according to law; "Shark" means a ,fish that is commonly referred to as a shark and includes any fish that belongs to a species under the common name of shark; "Shark Fin" means the raw, dried, or otherwise processed detached fin, or the raw, dried, or otherwise: processed detached tail, of a Shark or any derivative product of a Shark Fin. .Part 11 General Prohibitions 2. No Person shall possess, sell, offer for sale, cause or permit to be offered for sale, trade, or distribute shark fins within the. City. 3. No Person shall prepare for consumption or process shark fins within the City. 4. No Person shall cause or permit shark fins to be prepared for consumption or processed in the City. Part I I I - Enforcement 5. This By-.law may be enforced by any Officer. 6. An Officer acting under this By-law may, at any reasonable time, enter and inspect any property, including all buildings and structures thereon, to determine whether, there is compliance with this By-law. 7. No Person shall obstruct the Officer inspecting or withhold, destroy, conceal, or refuse to furnish any information or thing required by the Officer. BY-LAW NO. 7180/11 Page 3 Part IV - Penalty 8. (1) Every Person who contravenes any provision of this By-law, is guilty of an offence and is liable to a fine, and such other penalties, as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33 and the Municipal Act 2001, as each may be amended from time to time. (2) In addition to Subsection 8(1) of this By-law, any Person who is charged with an offence under this By-law by the laying of an information under Part III of the Provincial Offences Act and. is found guilty of the offence is liable: (i) On a first conviction to a fine of not-more than $15,000.00, and (ii) On any subsequent conviction to a fine of not more than $30,000.00. Part V- Validity & Interpretation 9: In this By-law, references to any Act, regulation or by-law is a reference to that Act, regulation or by-law as it is amended or re-enacted from time to time. 10. This By-law shall be read with all changes in gender or number as the context may require. 11. If a provision of this By-law conflicts with a provision of any applicable Act, regulation or by-law, the provision that establishes the higher or more restrictive standard to protect.the health, safety and welfare of the general public shall prevail. 12. Each section of this By-law is an, independent section, and the holding of any section or part of any section of this By-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this By-law. 13. All words importing the singular shall include the plural and the converse of this also applies. 14. This By-law comes into force and effect one year from when it is passed by Council. BY-LAW NO. 7180/11 Page 4 Part VII - Short Title 15. This By-law, shall be known and may be cited as the "Shark Fin By-law". By-law read a first, second and third time and finally passed this 21st day of November, 2011. David Ryan, r Debbie Shields, City Clerk