Coastal Fisheries Protection Act (R.S.C., 1985, c. C-33)

Act current to 2014-10-15 and last amended on 2007-07-01. Previous Versions

Marginal note:Conservation and management measures for the NAFO Regulatory Area

 No person, being aboard a foreign fishing vessel of a prescribed class, shall, in the NAFO Regulatory Area, fish or prepare to fish for a straddling stock in contravention of any of the prescribed conservation and management measures.

  • 1994, c. 14, s. 2.
Marginal note:Prohibition on fishing vessel of a participating state

 No fishing vessel of a participating state shall, in an area of the sea designated under subparagraph 6(e)(ii),

  • (a) contravene a measure or regulation designated under subparagraph 6(e)(i);

  • (b) conceal, tamper with or dispose of anything that may afford evidence of a contravention of a measure or regulation designated under subparagraph 6(e)(i); or

  • (c) conceal its identity or registration, including displaying a false marking, identity or registration.

  • 1999, c. 19, s. 2.
Marginal note:Prohibition on fishing vessels of states party to treaties or arrangements

 No fishing vessel of a state that is party to a treaty or arrangement described in paragraph 6(f) shall, in an area of the sea designated under subparagraph 6(f)(ii), contravene a measure or regulation designated under subparagraph 6(f)(i).

  • 1999, c. 19, s. 2.
Marginal note:Prohibition on fishing vessels without nationality

 No fishing vessel without nationality shall

  • (a) in an area of the sea designated under subparagraph 6(e)(ii), fish or prepare to fish or contravene a measure or regulation designated under subparagraph 6(e)(i); or

  • (b) in an area of the sea designated under subparagraph 6(f)(ii), fish or prepare to fish or contravene a measure or regulation designated under subparagraph 6(f)(i).

  • 1999, c. 19, s. 2.

REGULATIONS

Marginal note:Regulations

 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act including, but not limited to, regulations

  • (a) for authorizing, by means of licences, permits or otherwise,

    • (i) foreign fishing vessels to enter Canadian fisheries waters for any purpose specified in the regulations, or

    • (ii) persons to do all or any of the things described in paragraphs 4(1)(a) to (e), subsection 4(2) or section 5;

  • (b) respecting the issuance, suspension and cancellation of any licences or permits provided for under paragraph (a) and prescribing their forms, the fees payable therefor and their terms and conditions, which are in addition to such terms and conditions, if any, as the Minister may specify therein;

  • (b.1) prescribing as a straddling stock, for the purposes of section 5.2, any stock of fish that occurs both within Canadian fisheries waters and in an area beyond and adjacent to Canadian fisheries waters;

  • (b.2) prescribing any class of foreign fishing vessel for the purposes of section 5.2;

  • (b.3) prescribing, for the purposes of section 5.2,

    • (i) any measure for the conservation and management of any straddling stock to be complied with by persons aboard a foreign fishing vessel of a prescribed class in order to ensure that the foreign fishing vessel does not engage in any activity that undermines the effectiveness of conservation and management measures for any straddling stock that are taken under the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978, Canada Treaty Series 1979 No. 11, or

    • (ii) any other measure for the conservation and management of any straddling stock to be complied with by persons aboard a foreign fishing vessel of a prescribed class;

  • (b.4) prescribing the manner in which and the extent to which a protection officer is permitted to use the force referred to in section 8.1;

  • (b.5) prescribing forms that may be used instead of the forms set out in Part XXVIII of the Criminal Code in proceedings against fishing vessels under this Act or the Fisheries Act;

  • (c) for appointing or authorizing persons to enforce the provisions of this Act and the regulations;

  • (d) for securing and keeping any fishing vessels or things seized pursuant to this Act;

  • (e) for the implementation of the Agreement, including regulations

    • (i) incorporating by reference, or carrying out and giving effect to, any conservation or management measures of a regional fisheries management organization or arrangement established by two or more states, or by one or more states and an organization of states, for the purpose of the conservation or management of a straddling fish stock or highly migratory fish stock, and designating from amongst the measures incorporated by reference or regulations made under this subparagraph those the contravention of which is prohibited by paragraph 5.3(a),

    • (ii) designating any area of the sea regulated by the regional fisheries management organization or arrangement,

    • (iii) setting out the circumstances in which a person engaged or employed in the administration or enforcement of this Act may exercise, in a manner consistent with the Agreement and the measures incorporated by reference and the regulations made under subparagraph (i), the powers conferred by or under this Act and setting out any procedures to be followed in doing so,

    • (iv) empowering the Minister to authorize a participating state to take enforcement action in respect of a Canadian fishing vessel,

    • (v) respecting the manner of service and the giving and sending of summonses, notices, statements and other documents,

    • (vi) permitting Her Majesty in right of Canada to recover any reasonable costs incurred as a result of the detention in port of a fishing vessel of a participating state, and

    • (vii) prescribing a participating state for the purposes of this Act; and

  • (f) for the implementation of the provisions of any other international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement, including regulations

    • (i) incorporating by reference, or carrying out and giving effect to, any of those measures and designating from amongst the measures incorporated by reference or regulations made under this subparagraph those the contravention of which is prohibited by section 5.4,

    • (ii) designating any area of the sea regulated by the treaty or arrangement,

    • (iii) setting out the circumstances in which a person engaged or employed in the administration or enforcement of this Act may exercise, in a manner consistent with the treaty or arrangement and the measures incorporated by reference or regulations made under subparagraph (i), the powers conferred by or under this Act and setting out any procedures to be followed in doing so,

    • (iv) empowering the Minister to authorize a state that is party to the treaty or arrangement to take enforcement action in respect of a Canadian fishing vessel,

    • (v) respecting the manner of service and the giving and sending of summonses, notices, statements and other documents, and

    • (vi) permitting Her Majesty in right of Canada to recover any reasonable costs incurred as a result of the detention in port of a fishing vessel of a state that is party to the treaty or arrangement.

  • R.S., 1985, c. C-33, s. 6;
  • 1990, c. 44, s. 14;
  • 1992, c. 1, s. 43;
  • 1994, c. 14, s. 3;
  • 1999, c. 19, s. 3.