Fisheries Act (R.S.C., 1985, c. F-14)

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:Regulations — Minister

• 43.3 (1) The Minister may, for the purposes of the conservation and protection of marine biodiversity and with respect to any area of Canadian fisheries waters that he or she specifies, make regulations

  • (a) prohibiting fishing of one or more species, populations, assemblages or stocks of fish;

  • (b) prohibiting any type of fishing gear or equipment from being used;

  • (c) prohibiting any type of fishing vessel from being used;

  • (d) prescribing classes of persons in respect of whom the prohibitions set out in paragraphs (a) to (c) apply; and

  • (e) prescribing types of fishing vessels in respect of which the prohibitions set out in paragraphs (a) and (b) apply.

• Marginal note:Inconsistency

  (2) If there is an inconsistency between regulations made by the Minister under subsection (1) and any regulations made by the Governor in Council under this Act, any orders issued under any regulations made by the Governor in Council under this Act or any conditions of any lease or licence issued under this Act, the regulations made by the Minister prevail to the extent of the inconsistency.

Compliance with Terms and Conditions

Marginal note:Compliance with terms and conditions of licences, etc.

• 43.4 (1) Every person acting under the authority of a permission referred to in section 4 or a lease or licence, whether issued under this Act or provincial legislation, shall comply with any terms and conditions of the permission, lease or licence that are imposed under the authority of this Act.

• Marginal note:Statutory Instruments Act

  (2) The permissions, leases and licences referred to in subsection (1) — including their terms and conditions — are not statutory instruments for the purposes of the Statutory Instruments Act.

• Marginal note:Offence and punishment

  (3) Every person who contravenes subsection (1)

  • (a) is guilty of an indictable offence and liable to a fine of not more than $500,000; or

  • (b) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $100,000.

Marine Plants

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 under paragraph 46(1)(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 (1) 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.

• Marginal note:Periodic adjustment

  (2) For greater certainty, regulations made under paragraph (1)(d) may provide for periodic adjustment of the fees referred to in that paragraph.

Marginal note:Interpretation

47 For the purposes of sections 44 to 46,

coastal waters of Canada

coastal waters of Canada means all Canadian fisheries waters not within the geographical limits of any province; (eaux côtières du Canada)

harvest

harvest includes cut, take, dredge, rake or otherwise obtain; (récolte)

marine plant

marine plant includes all benthic and detached algae, marine flowering plants, brown algae, red algae, green algae and phytoplankton. (plante marine)

Marginal note:Saving

48 Nothing in sections 44 to 47 shall be construed as preventing traditional harvesting of marine plants by Indigenous persons for their use as food.

Powers of Fishery Officers and Fishery Guardians

Marginal note:Inspection

• 49 (1) Subject to subsection (2), for the purpose of ensuring compliance with this Act and the regulations, a fishery officer or fishery guardian may enter and inspect any place, including any premises, vessel or vehicle, in which the officer or guardian believes on reasonable grounds there is any work or undertaking or any fish or other thing in respect of which this Act or the regulations apply and may

  • (a) open any container that the officer or guardian believes on reasonable grounds contains any fish or other thing in respect of which this Act or the regulations apply;

  • (b) examine any fish or other thing that the officer or guardian finds and take samples of it;

  • (c) conduct any tests or analyses and take any measurements; and

  • (d) require any person to produce for examination or copying any records, books of account or other documents that the officer or guardian believes on reasonable grounds contain information that is relevant to the administration of this Act or the regulations.

• Marginal note:Operation of data processing systems and copying equipment

  (1.1) In carrying out an inspection of a place under subsection (1), a fishery officer or fishery guardian may,

  • (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the data processing system;

  • (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and

  • (c) use or cause to be used any copying equipment at the place to make copies of any record, book of account or other document.

• Marginal note:Duty to assist

  (1.2) The owner or person in charge of a place that is inspected by a fishery officer or fishery guardian under subsection (1) and every person found in the place shall

  • (a) give the officer or guardian all reasonable assistance to enable the officer or guardian to carry out the inspection and exercise any power conferred by this section; and

  • (b) provide the officer or guardian with any information relevant to the administration of this Act or the regulations that the officer or guardian may reasonably require.

• Marginal note:Disposition of samples

  (1.3) A fishery officer or fishery guardian who takes a sample under paragraph (1)(b) may dispose of it in any manner that the officer or guardian considers appropriate.

• Marginal note:Warrant required to enter dwelling-house

  (2) Where any place, premises, vessel or vehicle referred to in subsection (1) is a dwelling-house, a fishery officer or fishery guardian may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (3).

• Marginal note:Authority to issue warrant

  (3) Where on ex parte application a justice of the peace is satisfied by information on oath

  • (a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

  • (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

  • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

  the justice of the peace may issue a warrant under his hand authorizing the fishery officer or fishery guardian named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

• Marginal note:Stopping and detaining vessel or vehicle

  (4) A fishery officer or fishery guardian may, for the purpose referred to in subsection (1), require any vessel or vehicle to be stopped, require it to be moved to a place where an inspection can be carried out and detain it for a reasonable time. The operator of the vessel or vehicle shall comply with the requirements.

Marginal note:Search

• 49.1 (1) A fishery officer with a warrant issued under subsection (2) may enter and search any place, including any premises, vessel or vehicle, in which the officer believes on reasonable grounds there is

  • (a) any work or undertaking that is being or has been carried on in contravention of this Act or the regulations;

  • (b) any fish or other thing by means of or in relation to which this Act or the regulations have been contravened; or

  • (c) any fish or other thing that will afford evidence in respect of a contravention of this Act or the regulations.

• Marginal note:Authority to issue warrant

  (2) Where on ex parte application a justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in any place referred to in subsection (1) any fish or other thing referred to in subsection (1), the justice may issue a warrant authorizing the fishery officer named in the warrant to enter and search the place for the thing subject to any conditions that may be specified in the warrant.

• Marginal note:Where warrant not necessary

  (3) Notwithstanding subsection (1), a fishery officer may exercise the power of search referred to in that subsection without a warrant issued under subsection (2) if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant.

• Marginal note:Exigent circumstances

  (4) For the purposes of subsection (3), exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.

• Marginal note:Powers during search

  (5) In carrying out a search of a place under this section, a fishery officer may exercise any power mentioned in subsection 49(1), (1.1) or (1.3).