Fisheries Act (R.S.C., 1985, c. F-14)

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

 [Repealed, 2012, c. 19, s. 138]

Marginal note:Permit required
  •  (1) No one shall catch, fish for, take, buy, sell, possess or export any fish for the purposes of converting it into fish meal, manure, guano or fertilizer, or for the manufacture or conversion of the fish into oil, fish meal or manure or other fertilizing product, except under authority of the Minister.

  • Marginal note:Exception by Minister

    (2) The Minister may, by notice published in the Canada Gazette, except any kind or kinds of fish from the operation of all or any part of subsection (1).

  • R.S., c. F-14, s. 29.

 [Repealed, 2012, c. 19, s. 139]

Marginal note:Unlawful sale or possession

 No person shall purchase, sell or possess any fish that has been caught in contravention of this Act or the regulations.

  • R.S., 1985, c. F-14, s. 33;
  • 1991, c. 1, s. 8.
Marginal note:Definition of "fishing plan"
  •  (1) In this section, fishing plan means a Nisga’a annual fishing plan, as defined in the Fisheries Chapter of the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act, that is approved, or varied and approved, by the Minister in accordance with that Agreement.

  • Marginal note:Contravention of fishing plan

    (2) Where a fishing plan stipulates that this subsection applies to certain of its provisions relating to persons engaged in harvesting, sale or related activities, no person shall contravene any of those provisions.

  • Marginal note:Conditions of prosecution

    (3) No proceedings may be commenced in respect of an offence for the contravention of subsection (2)

    • (a) except in accordance with an agreement, made under paragraph 93 of the Fisheries Chapter of the Nisga’a Final Agreement, concerning enforcement of federal laws or Nisga’a laws; or

    • (b) unless the Minister, or a person appointed to a position in the Department of Fisheries and Oceans who is authorized by the Minister, considers such proceedings to be necessary to ensure compliance with the fishing plan.

  • 2000, c. 7, s. 23.

Fisheries Protection and Pollution Prevention

Marginal note:Definitions
  •  (1) For the purposes of sections 35 to 43,

    deleterious substance

    substance nocive

    deleterious substance means

    • (a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water, or

    • (b) any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water,

    and without limiting the generality of the foregoing includes

    • (c) any substance or class of substances prescribed pursuant to paragraph (2)(a),

    • (d) any water that contains any substance or class of substances in a quantity or concentration that is equal to or in excess of a quantity or concentration prescribed in respect of that substance or class of substances pursuant to paragraph (2)(b), and

    • (e) any water that has been subjected to a treatment, process or change prescribed pursuant to paragraph (2)(c); (substance nocive)

    deposit

    immersion ou rejet

    deposit means any discharging, spraying, releasing, spilling, leaking, seeping, pouring, emitting, emptying, throwing, dumping or placing; (immersion ou rejet)

    fish habitat

    fish habitat[Repealed, 2012, c. 19, s. 141]

    water frequented by fish

    eaux où vivent des poissons

    water frequented by fish means Canadian fisheries waters. (eaux où vivent des poissons)

  • Regulations for purpose of definition deleterious substance

    (2) The Governor in Council may make regulations prescribing

    • (a) substances and classes of substances,

    • (b) quantities or concentrations of substances and classes of substances in water, and

    • (c) treatments, processes and changes of water

    for the purpose of paragraphs (c) to (e) of the definition deleterious substance in subsection (1).

  • R.S., 1985, c. F-14, s. 34;
  • 2012, c. 19, s. 141.
Marginal note:Serious harm to fish
  •  (1) No person shall carry on any work, undertaking or activity that results in serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery.

  • Marginal note:Exception

    (2) A person may carry on a work, undertaking or activity without contravening subsection (1) if

    • (a) the work, undertaking or activity is a prescribed work, undertaking or activity, or is carried on in or around prescribed Canadian fisheries waters, and the work, undertaking or activity is carried on in accordance with the prescribed conditions;

    • (b) the carrying on of the work, undertaking or activity is authorized by the Minister and the work, undertaking or activity is carried on in accordance with the conditions established by the Minister;

    • (c) the carrying on of the work, undertaking or activity is authorized by a prescribed person or entity and the work, undertaking or activity is carried on in accordance with the prescribed conditions;

    • (d) the serious harm is produced as a result of doing anything that is authorized, otherwise permitted or required under this Act; or

    • (e) the work, undertaking or activity is carried on in accordance with the regulations.

  • Marginal note:Regulations

    (3) The Minister may, for the purposes of paragraph (2)(a), make regulations prescribing anything that is authorized to be prescribed.

  • Marginal note:Statutory Instruments Act

    (4) Regulations made under subsection (3) are exempt from section 3 of the Statutory Instruments Act.

  • R.S., 1985, c. F-14, s. 35;
  • 2012, c. 19, s. 142.
Marginal note:Throwing overboard of certain substances prohibited
  •  (1) No one shall

    • (a) throw overboard ballast, coal ashes, stones or other prejudicial or deleterious substances in any river, harbour or roadstead, or in any water where fishing is carried on;

    • (b) leave or deposit or cause to be thrown, left or deposited, on the shore, beach or bank of any water or on the beach between high and low water mark, remains or offal of fish or of marine animals; or

    • (c) leave decayed or decaying fish in any net or other fishing apparatus.

  • Marginal note:Disposal of remains, etc.

    (2) Remains or offal described in subsection (1) may be buried ashore, above high water mark.

  • Marginal note:Deposit of deleterious substance prohibited

    (3) Subject to subsection (4), no person shall deposit or permit the deposit of a deleterious substance of any type in water frequented by fish or in any place under any conditions where the deleterious substance or any other deleterious substance that results from the deposit of the deleterious substance may enter any such water.

  • Marginal note:Deposits authorized by regulation

    (4) No person contravenes subsection (3) by depositing or permitting the deposit in any water or place of

    • (a) waste or pollutant of a type, in a quantity and under conditions authorized by regulations applicable to that water or place made by the Governor in Council under any Act other than this Act;

    • (b) a deleterious substance of a class and under conditions — which may include conditions with respect to quantity or concentration — authorized under regulations made under subsection (5) applicable to that water or place or to any work or undertaking or class of works or undertakings; or

    • (c) a deleterious substance the deposit of which is authorized by regulations made under subsection (5.2) and that is deposited in accordance with those regulations.

  • Marginal note:Regulations for authorizing certain deposits

    (5) The Governor in Council may make regulations for the purpose of paragraph (4)(b) prescribing

    • (a) the deleterious substances or classes thereof authorized to be deposited notwithstanding subsection (3);

    • (b) the waters or places or classes thereof where any deleterious substances or classes thereof referred to in paragraph (a) are authorized to be deposited;

    • (c) the works or undertakings or classes thereof in the course or conduct of which any deleterious substances or classes thereof referred to in paragraph (a) are authorized to be deposited;

    • (d) the quantities or concentrations of any deleterious substances or classes thereof referred to in paragraph (a) that are authorized to be deposited;

    • (e) the conditions or circumstances under which and the requirements subject to which any deleterious substances or classes thereof referred to in paragraph (a) or any quantities or concentrations of those deleterious substances or classes thereof are authorized to be deposited in any waters or places or classes thereof referred to in paragraph (b) or in the course or conduct of any works or undertakings or classes thereof referred to in paragraph (c); and

    • (f) the persons who may authorize the deposit of any deleterious substances or classes thereof in the absence of any other authority, and the conditions or circumstances under which and requirements subject to which those persons may grant the authorization.

  • Marginal note:Regulations — Governor in Council

    (5.1) The Governor in Council may make regulations establishing conditions for the exercise of the Minister’s regulation-making power under subsection (5.2).

  • Marginal note:Regulations — Minister

    (5.2) If regulations have been made under subsection (5.1), the Minister may make regulations

    • (a) authorizing the deposit of deleterious substances specified in the regulations, or substances falling within a class of deleterious substances specified in the regulations;

    • (b) authorizing the deposit of deleterious substances into waters or places falling within a class of waters or places;

    • (c) authorizing the deposit of deleterious substances resulting from a work, undertaking or activity falling within a class of works, undertakings or activities;

    • (d) establishing conditions, which may include conditions with respect to quantity or concentration, for the deposit of deleterious substances referred to in paragraphs (a) to (c); and

    • (e) establishing, for the purposes of paragraphs (a) to (c), classes of

      • (i) deleterious substances,

      • (ii) waters and places, and

      • (iii) works, undertakings and activities.

  • Marginal note:Directions by the Minister

    (6) A person authorized to deposit a deleterious substance by or under regulations made under subsection (5) or (5.2) shall, when directed by the Minister, despite any regulations made under paragraph (5)(e) or (5.2)(d) or any conditions set out in an authorization made under paragraph (5)(f), conduct any sampling, analyses, tests, measurements or monitoring, install or operate any equipment or comply with any procedures, and report any information, that is required by the Minister in order to determine whether the person is depositing the deleterious substance in the manner authorized.

  • R.S., 1985, c. F-14, s. 36;
  • 2012, c. 19, s. 143.
 
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