Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Coastal Fisheries Protection Act (R.S.C., 1985, c. C-33)

Act current to 2019-06-20 and last amended on 2019-06-16. Previous Versions

Foreign Fishing Vessels (continued)

Marginal note:Fishing, etc., in Canada and Canadian fisheries waters

  •  (1) No person, being aboard a foreign fishing vessel or being a member of the crew of or attached to or employed on a foreign fishing vessel, shall in Canada or in Canadian fisheries waters

    • (a) fish or prepare to fish,

    • (b) unload, land or tranship any fish, outfit or supplies,

    • (c) ship or discharge any crew member or other person,

    • (d) purchase or obtain bait or any supplies or outfits, or

    • (e) take or prepare to take marine plants,

    unless authorized by this Act or the regulations, any other law of Canada or a treaty.

  • Marginal note:Fishing of sedentary species

    (2) No person, being aboard a foreign fishing vessel or being a member of the crew of or attached to or employed on a foreign fishing vessel, shall fish or prepare to fish for a sedentary species of fish in any portion of the continental shelf of Canada that is beyond the limits of Canadian fisheries waters, unless authorized by this Act or the regulations or any other law of Canada.

  • Marginal note:Definition of sedentary species

    (3) For the purposes of subsection (2), sedentary species means any living organism that, at the harvestable stage, either is immobile on or under the seabed or is unable to move except in constant physical contact with the seabed or subsoil.

  • R.S., 1985, c. C-33, s. 4
  • 1990, c. 44, s. 13
  • 1996, c. 31, s. 65

Marginal note:Transporting fish into Canadian fisheries waters

 No person, being aboard a Canadian fishing vessel, shall bring into Canadian fisheries waters fish received outside Canadian fisheries waters from a foreign fishing vessel, unless authorized by the regulations.

  • R.S., c. C-21, s. 3

Marginal note:Purpose

 Parliament, recognizing

  • (a) that straddling stocks on the Grand Banks of Newfoundland are a major renewable world food source having provided a livelihood for centuries to fishers,

  • (b) that those stocks are threatened with extinction,

  • (c) that there is an urgent need for all fishing vessels to comply in both Canadian fisheries waters and the NAFO Regulatory Area with sound conservation and management measures for those stocks, notably those measures 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, and

  • (d) that some foreign fishing vessels continue to fish for those stocks in the NAFO Regulatory Area in a manner that undermines the effectiveness of sound conservation and management measures,

declares that the purpose of section 5.2 is to enable Canada to take urgent action necessary to prevent further destruction of those stocks and to permit their rebuilding, while continuing to seek effective international solutions to the situation referred to in paragraph (d).

  • 1994, c. 14, s. 2

Marginal note:Conservation and management measures for the NAFO Regulatory Area

 No person, being aboard a foreign fishing vessel of a prescribed class, shall, in the NAFO Regulatory Area, fish or prepare to fish for a straddling stock in contravention of any of the prescribed conservation and management measures.

  • 1994, c. 14, s. 2

Marginal note:Prohibition — Fish Stocks Agreement

 No fishing vessel of a state party to the Fish Stocks Agreement shall, in an area of the sea designated under subparagraph 6(e)(ii),

  • (a) contravene a measure or regulation designated under subparagraph 6(e)(i);

  • (b) conceal, tamper with or dispose of anything that may afford evidence of a contravention of a measure or regulation designated under subparagraph 6(e)(i); or

  • (c) conceal its identity or registration, including displaying a false marking, identity or registration.

  • 1999, c. 19, s. 2
  • 2015, c. 18, s. 3

Marginal note:Prohibition on fishing vessels of states party to treaties or arrangements

 No fishing vessel of a state that is party to a treaty or arrangement described in paragraph 6(f) shall, in an area of the sea designated under subparagraph 6(f)(ii), contravene a measure or regulation designated under subparagraph 6(f)(i).

  • 1999, c. 19, s. 2

Marginal note:Prohibition on fishing vessels without nationality

 No fishing vessel without nationality shall

  • (a) in an area of the sea designated under subparagraph 6(e)(ii), fish or prepare to fish or contravene a measure or regulation designated under subparagraph 6(e)(i); or

  • (b) in an area of the sea designated under subparagraph 6(f)(ii), fish or prepare to fish or contravene a measure or regulation designated under subparagraph 6(f)(i).

  • 1999, c. 19, s. 2

Prohibited Import

Marginal note:Prohibition — importation

  •  (1) No person shall import any fish or marine plant knowing it to have been taken, harvested, possessed, transported, distributed or sold contrary to any of the following:

    • (a) an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement;

    • (b) any conservation or management measures of a fisheries management organization of which Canada is not a member that is prescribed by regulation;

    • (c) a law related to fisheries of a foreign state.

  • Marginal note:Prohibition — other

    (2) No person shall, in connection with the importation of any fish or marine plant, transport, sell, distribute, buy or accept the delivery of the fish or marine plant knowing that it was taken, harvested, possessed, transported, distributed or sold contrary to any of the following:

    • (a) an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement;

    • (b) any conservation or management measures of a fisheries management organization of which Canada is not a member that is prescribed by regulation;

    • (c) a law related to fisheries of a foreign state.

  • Marginal note:Prohibition — importation

    (3) No person shall import any fish or marine plant that is not accompanied by the documentation required by regulation.

  • 2015, c. 18, s. 4

Regulations

Marginal note:Regulations

 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.

  • R.S., 1985, c. C-33, s. 6
  • 1990, c. 44, s. 14
  • 1992, c. 1, s. 43
  • 1994, c. 14, s. 3
  • 1999, c. 19, s. 3
  • 2015, c. 18, s. 5
 
Date modified: