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

Search

Fisheries Act (R.S.C., 1985, c. F-14)

Full Document:  

Act current to 2019-08-28 and last amended on 2019-08-28. Previous Versions

Fishery Officers and Fishery Guardians

Marginal note:Designation

  •  (1) The Minister may designate any persons or classes of persons as fishery officers or fishery guardians for the purposes of this Act and may limit in any manner the Minister considers appropriate the powers that a fishery officer or fishery guardian may exercise under this Act or any other Act of Parliament.

  • Marginal note:Certificate of designation

    (2) Each fishery officer and fishery guardian shall be provided with a certificate in a form the Minister considers appropriate certifying their designation as such and, where the powers of a fishery officer or fishery guardian are limited pursuant to subsection (1), specifying the powers that the officer or guardian may exercise under this Act or any other Act of Parliament.

  • Marginal note:Presentation of certificate

    (3) On entering any place under this Act or any other Act of Parliament, a fishery officer or fishery guardian shall, on request, show the certificate of designation to the person in charge of the place.

  • Marginal note:Laws of certain First Nations

    (4) The powers and protections that a fishery officer or fishery guardian has under this or any other Act of Parliament, including the powers and protections of a peace officer under the Criminal Code, apply to a fishery officer or fishery guardian enforcing

  • R.S., 1985, c. F-14, s. 5
  • 1991, c. 1, s. 2
  • 2000, c. 7, s. 22
  • 2008, c. 32, s. 28
  • 2009, c. 18, s. 21
  • 2014, c. 11, s. 22

Marginal note:Exercise of powers

 Every power that may be exercised in Canada by a fishery officer or fishery guardian under this Act may be exercised anywhere this Act applies.

  • 2019, c. 14, s. 7

 [Repealed, 2019, c. 14, s. 8]

Fish Stocks

Marginal note:Measures to maintain fish stocks

  •  (1) In the management of fisheries, the Minister shall implement measures to maintain major fish stocks at or above the level necessary to promote the sustainability of the stock, taking into account the biology of the fish and the environmental conditions affecting the stock.

  • Marginal note:Limit reference point

    (2) If the Minister is of the opinion that it is not feasible or appropriate, for cultural reasons or because of adverse socio-economic impacts, to implement the measures referred to in subsection (1), the Minister shall set a limit reference point and implement measures to maintain the fish stock above that point, taking into account the biology of the fish and the environmental conditions affecting the stock.

  • Marginal note:Publication of decision

    (3) If the Minister sets a limit reference point in accordance with subsection (2), he or she shall publish the decision to do so, within a reasonable time and with reasons, on the Internet site of the Department of Fisheries and Oceans.

  • 2012, c. 19, s. 135
  • 2019, c. 14, s. 9

Marginal note:Plan to rebuild

  •  (1) If a major fish stock has declined to or below its limit reference point, the Minister shall develop a plan to rebuild the stock above that point in the affected area, taking into account the biology of the fish and the environmental conditions affecting the stock, and implement it within the period provided for in the plan.

  • Marginal note:Amendment

    (2) If the Minister is of the opinion that such a plan could result in adverse socio-economic or cultural impacts, the Minister may amend the plan or the implementation period in order to mitigate those impacts while minimizing further decline of the fish stock.

  • Marginal note:Endangered or threatened species

    (3) Subsection (1) does not apply if the affected fish stock is an endangered species or a threatened species under the Species at Risk Act or if the implementation of international management measures by Canada does not permit it.

  • Marginal note:Publication of decision

    (4) If the Minister amends a plan in accordance with subsection (2) or decides not to make one in accordance with subsection (3), he or she shall publish the decision to do so, within a reasonable time and with reasons, on the Internet site of the Department of Fisheries and Oceans.

  • Marginal note:Restoration measures

    (5) In the management of fisheries, if the Minister is of the opinion that the loss or degradation of the stock’s fish habitat has contributed to the stock’s decline, he or she shall take into account whether there are measures in place aimed at restoring that fish habitat.

  • 2019, c. 14, s. 9

Marginal note:Regulations

 The major fish stocks referred to in sections 6.1 and 6.2 are to be prescribed by regulations.

  • 2019, c. 14, s. 9

Fishery Leases and Licences

Marginal note:Fishery leases and licences

  •  (1) Subject to subsection (2), the Minister may, in his absolute discretion, wherever the exclusive right of fishing does not already exist by law, issue or authorize to be issued leases and licences for fisheries or fishing, wherever situated or carried on.

  • Marginal note:Default of payment of fine

    (1.1) The Minister may refuse to issue a lease or licence for fisheries or fishing to a person, if, among other things, they are in default of payment of a fine in relation to a contravention of the Act and the proceeds of the fine belong to Her Majesty in Right of Canada or of a province or to any other person or entity.

  • Marginal note:Restriction

    (2) Except as otherwise provided in this Act or regulations made under it, leases or licences for any term of more than nine years shall be issued only under the authority of the Governor in Council.

  • R.S., 1985, c. F-14, s. 7
  • 2019, c. 14, s. 10

Marginal note:Fees

  •  (1) Except if fees are prescribed in this Act, the Governor in Council may, by regulation and on the recommendation of the Minister, prescribe the fees that are to be charged for fishery or fishing licences and for fishing quotas.

  • Marginal note:Periodic adjustment

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

  • R.S., 1985, c. F-14, s. 8
  • 2019, c. 14, s. 11

Marginal note:Suspension or cancellation

  •  (1) Subject to subsection (2), the Minister may suspend or cancel any lease or licence issued under the authority of this Act, if

    • (a) he or she determines that any provision of that lease or licence was not complied with;

    • (b) he or she determines that the lease or licence holder has, with respect to the lease or licence, entered into an agreement that contravenes any provision of this Act or of the regulations; or

    • (c) the lease or licence holder is in default of payment of a fine in relation to a contravention of this Act and the proceeds of the fine belong to Her Majesty in right of Canada or of a province or to any other person or entity.

  • Marginal note:Restriction

    (2) The Minister may suspend or cancel a lease or licence under paragraph (1)(a) or (b) only if no proceedings under this Act have been commenced with respect to the non-compliance or contravention referred to in those paragraphs, as the case may be.

  • R.S., 1985, c. F-14, s. 9
  • R.S., 1985, c. 31 (1st Supp.), s. 95
  • 2019, c. 14, s. 11

Fisheries Management Orders

Marginal note:Powers of Minister

  •  (1) The Minister may, if he or she is of the opinion that prompt measures are required to address a threat to the proper management and control of fisheries and the conservation and protection of fish, make a fisheries management order with respect to any aspect of fisheries in any area of Canadian fisheries waters specified in the order

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

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

    • (c) limiting the fishing of any specified size, weight or quantity of any species, populations, assemblages or stocks of fish; and

    • (d) imposing any requirements with respect to fishing.

  • Marginal note:Conditions

    (2) The Minister may impose any conditions that he or she considers appropriate in the order.

  • Marginal note:Application of order

    (3) The fisheries management order may provide that it applies only to

    • (a) a particular class of persons, including

      • (i) persons who fish using a particular method or a particular type of gear or equipment, and

      • (ii) persons who use fishing vessels of a particular class; or

    • (b) holders of a particular class of licence.

  • 2019, c. 14, s. 11
 
Date modified: