Newmarket: By-Law Draft for Shark Fin Ban

CORPORATION OF THE TOWN OF NEWMARKET
BY-LAW NUMBER

A BY-LAW TO PROHIBIT THE POSSESSION, SALE, TRADE, DISTRIBUTION
AND/OR CONSUMPTION OF SHARK FINS OR DERIVATIVE PRODUCTS (Shark Fin
By-Law)

WHEREAS subsection 8(1) of the Municipal Act, 2001, S.). 2001, c.25, as amended (the
“Municipal Act, 2001”) states that the powers of a municipality shall be interpreted
broadly so as to confer broad authority on a municipality to enable to the municipality to
govern its affairs as it considers appropriate and to enhance the municipality’s ability to
respond to municipal issues;

AND WHEREAS subsection 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 paragraph 11(2) 5 of the Municipal Act, 2001 authorizes a municipality
to pass by-laws respecting matters related to the economic, social and environmental
well-being of the municipality;

AND WHEREAS paragraph 11(2) 6 of the Municipal Act, 2001 authorizes a municipality
to pass by-laws respecting the health, safety and well-being of persons;

AND WHEREAS paragraph 11 (2) 8 of the Municipal Act, 2001 authorizes a municipality
to regulate matters for the protection of persons and property, including consumer
protection;

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 Town of Newmarket is a market for shark fins and the preparation
and consumption of shark fin derivative products in various establishments.

AND WHEREAS the risk to the health of the Town’s inhabitants and the negative impact
to the environment posed by the consumption and trade in shark fins, are both municipal
issues that affect the citizens of Newmarket.

THEREFORE BE IT ENACTED by the Municipal Council of the Corporation of the Town
of Newmarket as follows:

SECTION 1 – DEFINITIONS

1. In this by-law:

“Council” means the council of the Town;

“Inspector” means the By-law Enforcement Officer appointed by the Town of
Newmarket or such person designated by the municipality;

“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 any of approximately 400 species of marine carnivorous fishes of
the class Chondrichthyes (subclass Elasmobranchii);

“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 or a Shark Tail;

“Town” means the Corporation of the Town of Newmarket.

SECTION 2 – PROHIBITIONS

2.1 No person shall possess, sell, offer for sale, cause or permit to be offered for sale,
trade, or distribute Shark Fins within the Town.

2.2 No person shall prepare or process or cause Shark Fins to be prepared or
processed for consumption within the Town.

SECTION 3 – ENFORCEMENT

3.1 An Inspector 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.

3.2 Where an Inspector is conducting an inspection pursuant to Section 3.1, the
Inspector may:

• a. Require the production for inspection of documents or things relevant to the
  inspection;
• b. Inspect and remove documents and things relevant to the inspection for the
  purpose of making copies or extracts;
• c. Require information from any person concerning a matter related to the
  inspection; and
• d. Alone or in conjunction with a person possessing special or expert
  knowledge, make examinations or take tests, samples or photographs
  necessary for the purposes of the inspection.

3.3 No Person shall obstruct the Inspector inspecting or withhold, destroy, conceal, or
refuse to furnish any information or thing required by the Inspector.

SECTION 4 – PENALTY

4.1 Every person who contravenes a provision of this By-law is guilty of an offence.

4.2 Every person who is guilty of an offence under this By-law shall be subject to the
following penalties:

• a. Upon a first conviction, the minimum fine shall be $350.00 and the maximum
  fine shall be $100,000.00;
• b. Upon a second or subsequent conviction for the same offence, a fine shall
  be a minimum of $500.00 and the maximum fine shall be $100,000.00;
• c. Upon conviction for a continuing offence, the minimum fine shall be $500.00
  and the maximum fine shall be $10,000.00 for each day or part of a day that
  the offence continues;
• d. Upon conviction of a multiple offence, for each offence included in the
  multiple offence, the minimum fine shall be $500.00 and the maximum fine
  shall be $10,000.00.

4.3 For the purposes of this By-law, “multiple offences” means an offence in respect of
two or more acts or omissions each of which separately constitutes an offence and
is a contravention of a provision of this By-law.

4.4 For the purposes of this By-law, an offence is a “second or subsequent offence” if
the act giving rise to the offence occurred after a conviction had been entered at
an earlier date for the same offence

SECTION 5 – VALIDITY AND INTERPRETATION

5.1 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.

5.2 This By-law shall be read with all changes in gender or number as the context may
require.

5.3 If a provision of this By-law conflict 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.

5.4 All words importing the singular shall include the plural and the converse of this
also applies.

5.5 If a court of competent jurisdiction should declare any section or part of a section
of this by-law to be invalid the remainder of this by-law shall continue in force
unless the Court makes an order to the contrary.

SECTION 6 – SHORT TITLE

6.1 This By-law may be referred to as the “Shark Fin By-law”.

SECTION 7 – EFFECTIVE DATE

7.1 Despite section 2, a person may, prior to January 31, 2013, possess, sell or
consume shark fin or shark fin derivative food products if the shark fin or shark fin
derivative food product is lawfully present in the Town of Newmarket on the day
this by-law is enacted.

ENACTED THIS ______DAY OF ______2012.

Tony Van Bynen, Mayor
Anita Moore, Town Clerk

 Source: Town of Newmarket, Ontario / Canada