Marginal note:Recommendation

43.1 Orders and regulations under subsections 4.2(1) and (3), 34(2), 36(5) and (5.1), 37(3) and 38(9) and section 43 are made on the recommendation of the Minister or, if they are made for the purposes of and in relation to the subject matters set out in an order made under section 43.2, on the recommendation of the minister designated under that section.

Marginal note:Designation

• 43.2 (1) The Governor in Council may, on the recommendation of the Minister and any other federal minister, by order, designate that other minister as the minister responsible for the administration and enforcement of subsections 36(3) to (6) for the purposes and in relation to the subject-matters set out in the order.

• Marginal note:Designated minister’s powers, duties and functions

  (2) The order may set out any powers, duties or functions of the Minister under this Act that the designated minister may exercise or perform — or any provisions of this Act in which a reference to the Minister is a reference to the designated minister — for the purposes of administering and enforcing subsections 36(3) to (6).

Marginal note:Prohibition of harvesting of marine plants in certain cases

44. Except in accordance with the conditions of a licence issued by the Minister under section 45, no person shall harvest marine plants in the coastal waters of Canada in contravention of any regulation made pursuant to paragraph 46(a).

Marginal note:Licences

45. The Minister may, on receipt of an application made in accordance with the regulations, issue a licence to the applicant for the harvesting of marine plants in the coastal waters of Canada for a term not exceeding one year and on such conditions relating to

• (a) the nature of the gear and equipment to be used in the harvesting,

• (b) the manner in which the harvesting is to be carried out,

• (c) the quantity of marine plants authorized to be harvested thereunder, and

• (d) the area or areas within the coastal waters of Canada where the harvesting is to be carried out or where harvesting may not be carried out,

as the Minister considers to be necessary for the protection and conservation of the marine plant resources of the coastal waters of Canada.

Marginal note:Regulations

46. The Governor in Council may make regulations

• (a) prohibiting, subject to the conditions of any licence issued by the Minister under section 45,

  • (i) the harvesting of marine plants or of any class of marine plants,

  • (ii) the harvesting of marine plants or of any class of marine plants in quantities in excess of quantities specified in the regulations, or

  • (iii) the harvesting of marine plants or of any class of marine plants in a manner specified in the regulations,

  in the coastal waters of Canada or any area or areas of the coastal waters of Canada specified in the regulations;

• (b) prohibiting, notwithstanding the conditions of any licence, the harvesting of marine plants or of any class of marine plants in any area or areas of the coastal waters of Canada for such period or periods as are specified in the regulations;

• (c) requiring persons to whom licences are issued under section 45 to maintain such books and records and to make such returns of information to the Minister as the Governor in Council deems necessary for the enforcement of this Act and the regulations; and

• (d) prescribing the fees to be paid for licences issued under section 45.