Federal shark fin import and export ban
Law & Regulation
In Effect
June 21, 2019
Summary
On 21 June 2019, Bill C-68 — An Act to amend the Fisheries Act and other Acts in consequence — received Royal Assent, enacting two distinct shark-related prohibitions into Canadian federal law. First, the Fisheries Act was amended to define “shark finning” and prohibit the practice in Canadian fisheries, codifying a policy requirement (fins naturally attached to shark carcasses upon landing) that had been implemented administratively from March 2018. Second, the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) was amended to prohibit the importation into and exportation from Canada of shark fins, parts of shark fins, or derivatives of shark fins that are not attached to a shark carcass. As confirmed in CBSA Customs Notice 21-02, both prohibitions took effect on 21 June 2019. The sole exception to the import and export prohibition is a permit issued by the Minister of Fisheries, Oceans and the Canadian Coast Guard under section 32 of the Fisheries Act — available only for scientific research related to shark conservation where the research is assessed as likely to benefit the survival of a shark species or required to enhance its chances of survival in the wild. Importers must declare the scientific or taxonomic names of all sharks and shark products; existing CITES permitting requirements for listed shark species continue to apply. The law was announced by Minister of Fisheries Jonathan Wilkinson and was supported at announcement by Humane Society International/Canada, Oceana Canada, and the Rob Stewart Sharkwater Foundation. Reuters and BBC described Canada as the first G20 country to ban the import and export of shark fins. The measure does not prohibit the domestic sale or consumption of shark fin products already within Canada.
Background Context
Before 2019, Canada’s Fisheries Act did not contain a comprehensive statutory ban on shark finning or an explicit nationwide prohibition on import and export of detached shark fins. Shark finning had been addressed through fisheries licensing and policy measures, with fins-naturally-attached landing requirements implemented administratively from March 2018. Canada was described by the Rob Stewart Sharkwater Foundation and allied advocacy groups as the largest importer of shark fins outside Asia. Earlier federal Private Member’s Bill C-380 (41st Parliament) had proposed similar trade restrictions without becoming law. Senator Michael MacDonald introduced parallel Senate Bill S-238 targeting shark fin importation and exportation; Bill C-68’s coordination clause (section 58.2) addressed potential overlap if both instruments received Royal Assent. Multiple Canadian municipalities had previously debated restrictions on shark fin sales. In August 2019, Canada supported the CITES Appendix II listing of the shortfin mako shark, aligning the domestic shark fin trade measures with international trade controls for that species. Bill C-68 was presented as a broader modernisation of the Fisheries Act, including restoration of habitat protections reversed in 2012 and provisions on whales in captivity, with shark measures bundled in the same legislative package.
System Impact
Direction
Reduces Exploitation
Type
Alters Legal Basis
Significance
Moderate
Bill C-68 received Royal Assent on 21 June 2019, with the shark fin import and export prohibitions taking immediate operational effect under CBSA and DFO authorities. CBSA Customs Notice 21-02 (February 2021) confirmed that shark fins not attached to shark carcasses are prohibited from import into or export from Canada, with the only exception being ministerial permits for qualifying scientific research related to shark conservation. Importers are required to declare the scientific or taxonomic names of all sharks and shark products at the border; CITES permitting requirements continue to apply for listed shark species. The Rob Stewart Sharkwater Foundation and Humane Society International reported the passage as the culmination of multiple years of legislative and advocacy efforts. Chinese-language reporting cited Canadian business stakeholders noting that while import and export of detached fins were prohibited, domestic sale and consumption of existing fin stocks within Canada were not banned. No court decisions overturning or suspending the shark fin provisions have been documented in sources consulted. Canada’s support for CITES Appendix II listing of shortfin mako in August 2019 indicates alignment between domestic and international shark trade measures.
Anticipated Effects
If implemented as written and enforced by CBSA at the border, the prohibition on importing and exporting shark fins not attached to carcasses would be expected to eliminate legal commercial importation and exportation of detached shark fins into and out of Canada, removing Canada as a destination or transit market for the global shark fin trade.
If the statutory prohibition on shark finning is implemented and enforced in Canadian-regulated fisheries, the practice of removing fins and discarding carcasses at sea would be constrained, with vessels required to land sharks with fins naturally attached.
Whether the Canadian ban produced a measurable reduction in global shark exploitation — versus redirection of fin supply to other markets — is not established in available sources; the measure removes Canada’s role in the trade without directly regulating fin supply chains in other jurisdictions.
Significance Rationale
Assigned Reduces Exploitation (impact direction) because the law prohibits all commercial import and export of shark fins not attached to carcasses — removing the legal basis for detached fin trade into and out of Canada — and codifies a statutory prohibition on shark finning in Canadian-regulated fisheries. Where enforced, the measure directly removes commercial cross-border trade channels for detached shark fins.
Assigned Alters Legal Basis (impact type) because the primary mechanism is the statutory redefinition of what is legally permissible: shark finning is defined and prohibited in the Fisheries Act; the import and export of detached shark fins and derivatives is prohibited in WAPPRIITA. The scientific research permit exception is narrowly defined in statute. This changes the legal basis for the trade and finning practices, not merely their conditions of operation.
Assigned Moderate significance because the measure applies nationally within Canada and targets a specific subset of global shark exploitation — Canadian-regulated finning practices and cross-border detached fin trade into and out of Canada. Canada was a major importer of shark fins, giving the trade measure meaningful geographic weight. However, the law does not directly regulate domestic consumption of existing fin stocks, global shark exploitation, or fin trade in other countries, and quantified reductions in Canadian shark fin import volumes or shark numbers are not documented in sources consulted.
The duration and persistence of the scale change in shark fin trade through Canada is not established in available sources; no quantified data on pre- and post-2019 import volumes are reported in sources consulted.
Within The System
Key Actors
Parliament of Canada enacted Bill C-68; Minister of Fisheries Jonathan Wilkinson announced passage on 19 June 2019 and Royal Assent on 21 June 2019. DFO is responsible for the Fisheries Act and ministerial permit mechanism. CBSA enforces the import and export prohibitions at the border under Customs Notice 21-02. Humane Society International/Canada, Oceana Canada, and the Rob Stewart Sharkwater Foundation were named supporters at the announcement. Senator Michael MacDonald sponsored parallel Bill S-238. Environment and Climate Change Canada administers CITES in Canada for listed shark species.
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