Aboriginal Communal Fishing Licences Regulations (SOR/93-332)

Regulations are current to 2012-05-14 and last amended on 2009-04-01. Previous Versions

Aboriginal Communal Fishing Licences Regulations

SOR/93-332

FISHERIES ACT

Registration 1993-06-16

Regulations Respecting Fishing Carried on in Accordance with Aboriginal Communal Fishing Licences

P.C. 1993-1318 1993-06-16

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 43Footnote * of the Fisheries Act, is pleased hereby to revoke the Aboriginal Fisheries Agreements Regulations, made by Order in Council P.C. 1992-1456 of June 26, 1992Footnote **, and to make the annexed Regulations respecting fishing carried on in accordance with aboriginal communal fishing licences, in substitution therefor.

SHORT TITLE

 These Regulations may be cited as the Aboriginal Communal Fishing Licences Regulations.

INTERPRETATION

 In these Regulations,

“aboriginal organization”

“aboriginal organization” includes an Indian band, an Indian band council, a tribal council and an organization that represents a territorially based aboriginal community; (organisation autochtone)

“designated”

“designated”[Repealed, SOR/2002-225, s. 11]

“licence”

“licence” means a communal licence issued under subsection 4(1); (permis)

“Minister”

“Minister” means, in respect of

  • (a) fisheries for the fish and species of fish described in subsection 3(1) of the Quebec Fishery Regulations, 1990, in the waters referred to in that subsection, the Minister responsible in the Province of Quebec for the application of An Act respecting the conservation and development of wildlife, R.S.Q., c. C-61.1,

  • (a.1) fisheries in the non-tidal waters of Ontario, the Minister of Natural Resources for Ontario; and

  • (b) any other fishery, the Minister of Fisheries and Oceans. (ministre)

  • SOR/94-390, s. 1;
  • SOR/94-531, ss. 1, 2;
  • SOR/95-106, s. 1;
  • SOR/2002-225, s. 11;
  • SOR/2003-176, s. 25;
  • SOR/2005-269, s. 54;
  • SOR/2008-99, s. 13;
  • SOR/2008-322, s. 36.

APPLICATION

  •  (1) These Regulations apply in respect of

    • (a) fisheries in Canadian fisheries waters in and adjacent to Ontario, Quebec, Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and the Northwest Territories;

    • (b) fisheries in the tidal waters in and adjacent to Manitoba;

    • (c) fisheries in tidal waters in and adjacent to the Yukon Territory and fisheries in the Yukon Territory for fish of an anadromous stock of chum salmon, coho salmon, chinook salmon, pink salmon, sockeye salmon, rainbow trout, the family Coregonidae (whitefish and cisco) or Arctic char; and

    • (d) fisheries in the waters of the Areas enumerated and described in Schedule II to the Pacific Fishery Management Area Regulations and salmon fisheries in British Columbia.

  • (2) These Regulations do not apply in respect of national parks.

  • SOR/94-390, s. 2;
  • SOR/94-531, ss. 3, 4;
  • SOR/95-106, s. 2.