Fisheries Act

Marginal note:Minister may enter into agreements

• 4.1 (1) The Minister may enter into an agreement with any government of a province, any Indigenous governing body and any body — including a co-management body — established under a land claims agreement, to further the purpose of this Act, including an agreement with respect to one or more of the following:

  • (a) facilitating cooperation between the parties to the agreement, including facilitating joint action in areas of common interest, reducing overlap between their respective programs and otherwise harmonizing those programs;

  • (b) facilitating enhanced communication between the parties, including the exchange of scientific and other information; and

  • (c) facilitating public consultation or the entry into arrangements with third-party stakeholders.

• Marginal note:Contents of agreement

  (2) An agreement may establish

  • (a) the roles, powers and functions of the parties;

  • (b) programs and projects;

  • (c) principles and objectives of the parties’ respective programs and projects;

  • (d) standards, guidelines and codes of practice to be followed by the parties in the administration of their respective programs and projects;

  • (e) processes for policy development, operational planning and communication between the parties, including the exchange of scientific and other information;

  • (f) the administrative structures that will be used to carry out the agreement’s objectives;

  • (g) the power of the parties to create committees and public panels and to conduct public consultations; and

  • (h) the circumstances and manner in which the government of the province or the Indigenous governing body is to provide information on the administration and enforcement of a provision of the laws of the province or the Indigenous governing body that the agreement provides is equivalent in effect to a provision of the regulations.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations establishing the conditions under which the Minister may enter into or renew an agreement, including procedures for entering into or renewing the agreement.

• Marginal note:Agreements to be published

  (4) Subject to subsections (5) to (8), the Minister shall publish an agreement in the manner that he or she considers appropriate.

• Marginal note:Publication of negotiated agreement

  (5) Before any agreement that is negotiated for the purposes of section 4.2 is entered into, the Minister shall publish the agreement, or give notice of its availability, in Part I of the Canada Gazette and in any other manner that he or she considers appropriate.

• Marginal note:Comments

  (6) Within 60 days after the publication of an agreement or the giving of notice of its availability, any person may file comments with the Minister.

• Marginal note:Publication by Minister of results

  (7) After the end of the 60-day period, the Minister shall publish in Part I of the Canada Gazette and in any other manner that he or she considers appropriate a report that summarizes how any comments were dealt with or a notice of the availability of that report.

• Marginal note:Publication of final agreements

  (8) The Minister shall publish any final agreement, or give notice of its availability, in Part I of the Canada Gazette and in any other manner that he or she considers appropriate.

• Marginal note:Rights of Indigenous peoples

  (9) An agreement entered into under subsection (1) must respect the rights recognized and affirmed by section 35 of the Constitution Act, 1982.