Fisheries Act (R.S.C., 1985, c. F-14)

Act current to 2017-12-11 and last amended on 2016-04-05. Previous Versions

Marginal note:Declaration of equivalent provisions
  •  (1) If an agreement entered into under section 4.1 provides that there is in force a provision under the laws of the province that is equivalent in effect to a provision of the regulations, the Governor in Council may, by order, declare that certain provisions of this Act or of the regulations do not apply in the province with respect to the subject matter of the provision under the laws of the province.

  • Marginal note:Non-application of provisions

    (2) Except with respect to Her Majesty in right of Canada, the provisions of this Act or of the regulations that are set out in the order do not apply within that province with respect to the subject matter of the provision under the laws of the province.

  • Marginal note:Revocation

    (3) The Governor in Council may revoke the order if the Governor in Council is satisfied that the provision under the laws of the province is no longer equivalent in effect to the provision of the regulations or is not being adequately administered or enforced.

  • Marginal note:Notice to province

    (4) The Governor in Council may revoke the order only if the Minister has given notice of the proposed revocation to the province.

  • Marginal note:Order ceases to have effect

    (5) The order ceases to have effect either when it is revoked by the Governor in Council or when the agreement to which the order relates terminates or is terminated.

  • 2012, c. 19, s. 134.
Marginal note:Report to Parliament

 The Minister shall, as soon as feasible after the end of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the administration of sections 4.1 and 4.2 in that fiscal year.

  • 2012, c. 19, s. 134.
Marginal note:Objectives
  •  (1) The Minister may implement programs and projects for the purposes of this Act and, to facilitate the implementation of a program or project, may

    • (a) make grants and contributions;

    • (b) make loans;

    • (c) make recoverable expenditures on behalf of any person or body, or any federal or provincial minister, department or agency; and

    • (d) guarantee the repayment of any financial obligation, or provide loan insurance or credit insurance in respect of such an obligation.

  • Marginal note:Regulations

    (2) The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations respecting such grants, contributions, loans, guarantees and insurance.

  • Marginal note:Agreements, etc.

    (3) In exercising powers and performing functions under subsection (1), the Minister may

    • (a) enter into agreements — including an agreement under section 4.1 — or arrangements or transactions with any person or body, or any federal or provincial minister, department or agency; and

    • (b) with the approval of the Minister of Finance, requisition amounts in respect of such an agreement, arrangement or transaction to be paid out of the Consolidated Revenue Fund.

  • 2012, c. 19, s. 134.

Fishery Officers and Fishery Guardians

Marginal note:Designation
  •  (1) The Minister may designate any persons or classes of persons as fishery officers or fishery guardians for the purposes of this Act and may limit in any manner the Minister considers appropriate the powers that a fishery officer or fishery guardian may exercise under this Act or any other Act of Parliament.

  • Marginal note:Certificate of designation

    (2) Each fishery officer and fishery guardian shall be provided with a certificate in a form the Minister considers appropriate certifying their designation as such and, where the powers of a fishery officer or fishery guardian are limited pursuant to subsection (1), specifying the powers that the officer or guardian may exercise under this Act or any other Act of Parliament.

  • Marginal note:Presentation of certificate

    (3) On entering any place under this Act or any other Act of Parliament, a fishery officer or fishery guardian shall, on request, show the certificate of designation to the person in charge of the place.

  • Marginal note:Laws of certain First Nations

    (4) The powers and protections that a fishery officer or fishery guardian has under this or any other Act of Parliament, including the powers and protections of a peace officer under the Criminal Code, apply to a fishery officer or fishery guardian enforcing

  • R.S., 1985, c. F-14, s. 5;
  • 1991, c. 1, s. 2;
  • 2000, c. 7, s. 22;
  • 2008, c. 32, s. 28;
  • 2009, c. 18, s. 21;
  • 2014, c. 11, s. 22.

Factors To Be Taken into Account

Marginal note:Factors

 Before recommending to the Governor in Council that a regulation be made in respect of section 35 or under paragraph 37(3)(c) or 43(1)(i.01) or subsection 43(5), and before exercising any power under subsection 20(2) or (3) or 21(1), paragraph 35(2)(b) or (c) or subsection 35(3), or under subsection 37(2) with regard to an offence under subsection 40(1) or with regard to harm to fish, the Minister shall consider the following factors:

  • (a) the contribution of the relevant fish to the ongoing productivity of commercial, recreational or Aboriginal fisheries;

  • (b) fisheries management objectives;

  • (c) whether there are measures and standards to avoid, mitigate or offset serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or that support such a fishery; and

  • (d) the public interest.

  • R.S., 1985, c. F-14, s. 6;
  • 1991, c. 1, s. 2;
  • 2012, c. 19, s. 135.
Marginal note:Purpose

 The purpose of section 6, and of the provisions set out in that section, is to provide for the sustainability and ongoing productivity of commercial, recreational and Aboriginal fisheries.

  • 2012, c. 19, s. 135.

Fishery Leases and Licences

Marginal note:Fishery leases and licences
  •  (1) Subject to subsection (2), the Minister may, in his absolute discretion, wherever the exclusive right of fishing does not already exist by law, issue or authorize to be issued leases and licences for fisheries or fishing, wherever situated or carried on.

  • Marginal note:Idem

    (2) Except as otherwise provided in this Act, leases or licences for any term exceeding nine years shall be issued only under the authority of the Governor in Council.

  • R.S., c. F-14, s. 7.
Marginal note:Fees

 Except where licence fees are prescribed in this Act, the Governor in Council may prescribe the fees that are to be charged for fishery or fishing licences.

  • R.S., c. F-14, s. 8.
Marginal note:Minister may cancel licence

 The Minister may suspend or cancel any lease or licence issued under the authority of this Act, if

  • (a) the Minister has ascertained that the operations under the lease or licence were not conducted in conformity with its provisions; and

  • (b) no proceedings under this Act have been commenced with respect to the operations under the lease or licence.

  • R.S., 1985, c. F-14, s. 9;
  • R.S., 1985, c. 31 (1st Supp.), s. 95.

Fish Allocation for Financing Purposes

Marginal note:Allocation of fish
  •  (1) For the proper management and control of fisheries and the conservation and protection of fish, the Minister may determine a quantity of fish or of fishing gear and equipment that may be allocated for the purpose of financing scientific and fisheries management activities that are described in a joint project agreement entered into with any person or body, or any federal or provincial minister, department or agency.

  • Marginal note:Quantity in licence

    (2) The Minister may specify, in a licence issued under this Act, a quantity of fish or of fishing gear and equipment allocated for the purpose of financing those activities.

  • R.S., 1985, c. F-14, s. 10;
  • 1991, c. 1, s. 3;
  • 2012, c. 19, s. 411.
 
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