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Document:
Fisheries Act, Part Four
REGULATIONS
Regulations
43. The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and in particular, but without restricting the generality of the foregoing, may make regulations
(a) for the proper management and control of the sea-coast and inland fisheries;
(b) respecting the conservation and protection of fish;
(c) respecting the catching, loading, landing, handling, transporting, possession and disposal of fish;
(d) respecting the operation of fishing vessels;
(e) respecting the use of fishing gear and equipment;
(e.1) respecting the marking, identification and tracking of fishing vessels;
(e.2) respecting the designation of persons as observers, their duties and their carriage on board fishing vessels;
(f) respecting the issue, suspension and cancellation of licences and leases;
(g) respecting the terms and conditions under which a licence and lease may be issued;
(g.1) respecting any records, books of account or other documents to be kept under this Act and the manner and form in which and the period for which they shall be kept;
(g.2) respecting the manner in which records, books of account or other documents shall be produced and information shall be provided under this Act;
(h) respecting the obstruction and pollution of any waters frequented by fish;
(i) respecting the conservation and protection of spawning grounds;
(j) respecting the export of fish or any part thereof from Canada;
(k) respecting the taking or carrying of fish or any part thereof from one province to any other province;
(l) prescribing the powers and duties of persons engaged or employed in the administration or enforcement of this Act and providing for the carrying out of those powers and duties; and
(m) where a close time, fishing quota or limit on the size or weight of fish has been fixed in respect of an area under the regulations, authorizing persons referred to in paragraph (l) to vary the close time, fishing quota or limit in respect of that area or any portion of that area.
R.S., 1985, c. F-14, s. 43; R.S., 1985, c. 35 (1st Supp.), ss. 3, 7; 1991, c. 1, s. 12.
MARINE PLANTS
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 pursuant to paragraph 46(a).
R.S., c. 17(1st Supp.), s. 5.
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.
R.S., c. 17(1st Supp.), s. 5.
Regulations
46. 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.
R.S., c. 17(1st Supp.), s. 5; 1976-77, c. 35, s. 11.
Interpretation
47. For the purposes of sections 44 to 46,
"coastal waters of Canada" «eaux côtières du Canada»
"coastal waters of Canada" means all Canadian fisheries waters not within the geographical limits of any province;
"harvest" «récolte»
"harvest" includes cut, take, dredge, rake or otherwise obtain;
"marine plant" «plante marine»
"marine plant" includes all benthic and detached algae, marine flowering plants, brown algae, red algae, green algae and phytoplankton.
R.S., c. 17(1st Supp.), s. 5.
Saving
48. Nothing in sections 44 to 47 shall be construed as preventing traditional harvesting of marine plants by aborigines for their use as food.
R.S., c. 17(1st Supp.), s. 5.
POWERS OF FISHERY OFFICERS AND FISHERY GUARDIANS
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.
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.
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.
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.
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).
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.
(4) [Repealed, 1991, c. 1, s. 13]
R.S., 1985, c. F-14, s. 49; R.S., 1985, c. 31 (1st Supp.), s. 35; 1991, c. 1, s. 13.
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.
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.
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.
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.
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).
R.S., 1985, c. 31 (1st Supp.), s. 35; 1991, c. 1, s. 14.
Arrest
50. Any fishery officer, fishery guardian or peace officer may arrest without warrant a person who that fishery officer, guardian or peace officer believes, on reasonable grounds, has committed an offence against this Act or any of the regulations, or whom he finds committing or preparing to commit an offence against this Act or any of the regulations.
R.S., c. F-14, s. 36.
Seizure of fishing vessel, etc.
51. A fishery officer or fishery guardian may seize any fishing vessel, vehicle, fish or other thing that the officer or guardian believes on reasonable grounds was obtained by or used in the commission of an offence under this Act or will afford evidence of an offence under this Act, including any fish that the officer or guardian believes on reasonable grounds
(a) was caught, killed, processed, transported, purchased, sold or possessed in contravention of this Act or the regulations; or
(b) has been intermixed with fish referred to in paragraph (a).
R.S., 1985, c. F-14, s. 51; 1991, c. 1, s. 15.
Entry by fishery officer
52. In the discharge of his duties, any fishery officer, fishery guardian or other person accompanying him or authorized to such effect by the fishery officer may enter on and pass through or over private property without being liable for trespass.
R.S., c. F-14, s. 39.
Disputes
53. Disputes between persons relating to fishing limits or claims to fishery stations, or relating to the position and use of nets and other fishing apparatus, shall be settled by the local fishery officer.
R.S., c. F-14, s. 40.
Distances between fisheries
54. Fishery officers may determine or prescribe the distance between each and every fishery and shall forthwith remove any fishing apparatus or materials that the owner neglects or refuses to remove, and the owner is liable for a contravention of this Act and for the cost of removing the apparatus and materials and any damages that may result therefrom.
R.S., c. F-14, s. 41.
Boundaries of estuary fishing
55. The Minister, or any fishery officer duly authorized by the Minister, has power to define the boundaries of tidal waters and estuaries and to designate what is the mouth of any river, stream or other water for the purposes of this Act.
R.S., c. F-14, s. 42.
Gurry grounds
56. Gurry grounds may be designated or defined by any fishery officer.
R.S., c. F-14, s. 43.
CULTURE OF FISH
Waters for propagation of fish
57. The Minister may authorize any river or other water to be set apart for the natural or artificial propagation of fish.
R.S., c. F-14, s. 44.
Special licences for oyster beds
58. Special licences and leases for any term of years may be granted to any person who wishes to plant or form oyster beds in any of the bays, inlets, harbours, creeks or rivers, or between any of the islands on the coast of Canada, and the holder of any such licence or lease has the exclusive right to the oysters produced or found on the beds within the limits of the licence or lease.
R.S., 1985, c. F-14, s. 58; 1999, c. 31, s. 123(F).
Authority to provinces to grant leases for oyster cultivation
59. (1) The Governor in Council may, on such terms and conditions as are agreed on, authorize the government of any province to grant leases of such areas of the sea-coast, bays, inlets, harbours, creeks, rivers and estuaries of the province as the government of the province considers suitable for the cultivation and production of oysters, and any persons to whom such leases are granted by the province, subject to the fishery regulations of Canada, have the exclusive right to the oysters produced or found on the beds within the limits of their respective leases.
Rights of Canada preserved
(2) Where an area referred to in subsection (1) or any part thereof is in a public harbour, nothing in that subsection prejudices the right or title of Canada to the enjoyment and use of the harbour for every purpose other than the cultivation and production of oysters.
R.S., 1985, c. F-14, s. 59; 1999, c. 31, s. 124(F).