Fisheries Act

Marginal note:Definitions

• 2 (1) In this Act,

  Aboriginal

  Aboriginal[Repealed, 2019, c. 14, s. 1]

  analyst

  analyst means a person who is designated under subsection 56.1(1) to perform the functions of an analyst; (analyste)

  Canadian fisheries waters

  Canadian fisheries waters means all waters in the fishing zones of Canada, all waters in the territorial sea of Canada and all internal waters of Canada; (eaux de pêche canadiennes)

  close time

  close time means a specified period during which fish to which it applies may not be fished, and “closed time” or “closed season” has a similar meaning; (période d’interdiction et période de fermeture ou saison de fermeture)

  commercial

  commercial, in relation to a fishery, means that fish is harvested under the authority of a licence for the purpose of sale, trade or barter; (commerciale)

  fish

  fish includes

  • (a) parts of fish,

  • (b) shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals, and

  • (c) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals; (poissons)

  fishery

  fishery with respect to any fish, includes,

  • (a) any of its species, populations, assemblages and stocks, whether the fish is fished or not,

  • (b) any place where fishing may be carried on,

  • (c) any period during which fishing may be carried on,

  • (d) any method of fishing used, and

  • (e) any type of fishing gear or equipment or fishing vessel used; (pêche)

  fishery guardian

  fishery guardian means a person who is designated as a fishery guardian pursuant to subsection 5(1); (garde-pêche)

  fishery officer

  fishery officer means a person who is designated as a fishery officer pursuant to subsection 5(1); (agent des pêches)

  fish habitat

  fish habitat means spawning grounds and any other areas, including nursery, rearing, food supply and migration areas, on which fish depend directly or indirectly in order to carry out their life processes; (habitat)

  fishing

  fishing means fishing for, catching or attempting to catch fish by any method; (pêche)

  fishing vessel

  fishing vessel means any vessel used, outfitted or designed for the purpose of catching, processing or transporting fish; (bateau de pêche)

  fishway

  fishway means any device, work or other thing that provides for the free passage of fish, including a canal, a fish pump, a fish ladder, a fish elevator and a fish lock; (passe migratoire)

  Indigenous

  Indigenous, in relation to a fishery, means that fish is harvested by an Indigenous organization or any of its members pursuant to the recognition and affirmation of Aboriginal and treaty rights in section 35 of the Constitution Act, 1982 or for any purposes set out in any rights implementation measure as agreed to by the Crown and Indigenous peoples; (autochtone)

  Indigenous governing body

  Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982; (corps dirigeant autochtone)

  Indigenous peoples of Canada

  Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982; (peuples autochtones du Canada)

  inspector

  inspector means a person who is designated as an inspector pursuant to subsection 38(1); (inspecteur)

  lawful excuse

  lawful excuse[Repealed, 1991, c. 1, s. 1]

  laws

  laws includes the by-laws made by an Indigenous governing body; (lois)

  Minister

  Minister means the Minister of Fisheries and Oceans or, in respect of any matter related to the Northern Pipeline referred to in the Northern Pipeline Act, the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that Act; (ministre)

  obstruction

  obstruction means any slide, dam or other thing impeding wholly or partially the free passage of fish; (obstacle)

  recreational

  recreational, in relation to a fishery, means that fish is harvested under the authority of a licence for personal use of the fish or for sport; (récréative)

  vehicle

  vehicle means any conveyance that may be used for transportation, including aircraft. (véhicule)

• Marginal note:Serious harm to fish

  (2) For the purposes of this Act, serious harm to fish is the death of fish or any permanent alteration to, or destruction of, fish habitat.