Coastal Fisheries Protection Act

Marginal note:Regulations

6 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,

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

  • (iii) foreign fishing vessels that have been ordered to proceed to a Canadian port by their flag state, or foreign fishing vessels that have been ordered to proceed to a port by their flag state and that proceed to a Canadian port, to enter Canadian fisheries waters for any purpose related to verifying compliance with a law related to fisheries of a foreign state, with any conservation or management measures of a fisheries management organization or with any international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement;

• (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.31) prescribing a fisheries management organization of which Canada is not a member for the purposes of paragraphs 5.6(1)(b) and (2)(b);

• (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;

• (d.1) respecting documentation required for the importation of fish and marine plants;

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

  • (i) incorporating by reference, or carrying out and giving effect to, any conservation or management measures, as of a fixed date or as they are amended from time to time, 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 among 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 Fish Stocks 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 state party to the Fish Stocks Agreement 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 state party to the Fish Stocks Agreement, and

  • (vii) prescribing a state party to the Fish Stocks Agreement 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 as of a fixed date or as they are amended from time to time and designating from among 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.