An Act to amend the Fisheries Act and other Acts in consequence (S.C. 2019, c. 14)
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Assented to 2019-06-21
R.S., c. F-14Fisheries Act (continued)
10 (1) Subsection 7(1) of the French version of the Act is replaced by the following:
Marginal note:Baux, permis et licences de pêche
7 (1) En l’absence d’exclusivité du droit de pêche conférée par la loi, le ministre peut, à discrétion, délivrer des baux et permis de pêche ainsi que des licences d’exploitation de pêches — ou en permettre la délivrance —, indépendamment du lieu de l’exploitation ou de l’activité de pêche.
(2) Subsection 7(2) of the Act is replaced by the following:
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.
Marginal note:R.S., c. 31 (1st Supp.), s. 95
11 Sections 8 and 9 of the Act are replaced by the following:
Marginal note:Fees
8 (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.
Marginal note:Suspension or cancellation
9 (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.
Fisheries Management Orders
Marginal note:Powers of Minister
9.1 (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.
Marginal note:Duty to comply
9.2 Every person or holder to whom a fisheries management order applies shall comply with it.
Marginal note:Duration
9.3 (1) A fisheries management order issued under section 9.1 shall be in effect for the term specified in the order, which shall not exceed 45 days from the day on which the order is issued.
Marginal note:Renewal of order
(2) If the Minister is of the opinion that prompt measures continue to be required to address the threat referred to in subsection 9.1(1), he or she may renew the order for a term that does not exceed 45 days from the day on which it is issued.
Marginal note:Amendment of order
9.4 (1) The Minister may amend a fisheries management order, other than its term, if he or she is of the opinion that the measures specified in the order are inadequate to address the threat referred to in subsection 9.1(1).
Marginal note:Revocation of order
(2) If the Minister is of the opinion that the measures specified in the order are no longer necessary to address the threat or if the threat no longer exists, he or she may revoke the order.
Marginal note:Notice
9.5 (1) Notice of a fisheries management order shall be given to the persons or holders to whom it applies, in the prescribed manner or, if there is no prescribed manner, using a method provided under section 7 of the Fishery (General) Regulations, with any necessary modifications.
Marginal note:If notice not given
(2) If notice is not given, then the contravention of a fisheries management order is not an offence under this Act unless, at the time of the contravention, reasonable steps had been taken to bring the substance of the order to the notice of the persons or holders to whom it applies.
Marginal note:Inconsistency
9.6 If there is an inconsistency between a fisheries management order and any regulations made under this Act, orders issued under those regulations or conditions of any lease or licence issued under this Act, the fisheries management order prevails to the extent of the inconsistency.
Marginal note:Statutory Instruments Act
9.7 Orders made under section 9.1 are not statutory instruments for the purposes of the Statutory Instruments Act.
12 The Act is amended by adding the following after section 10:
Fees
Marginal note:Fees for services or use of facilities
11 (1) The Minister may fix, by regulation, the fees to be paid for a service or the use of a facility provided under this Act by him or her, the Department of Fisheries and Oceans or any board or agency of the Government of Canada for which he or she has responsibility.
Marginal note:Amount not to exceed cost
(2) Fees that are fixed under subsection (1) shall not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.
Marginal note:Fees for products or cost recovery
12 (1) The Minister may fix, by regulation, fees in respect of the products provided or the recovery, in whole or in part, of costs that are incurred in relation to the administration of this Act by him or her, the Department of Fisheries and Oceans or any board or agency of the Government of Canada for which he or she has responsibility.
Marginal note:Amount not to exceed cost
(2) Fees in respect of the product or recovery of costs that are fixed under subsection (1) shall not exceed the cost to Her Majesty in right of Canada of providing the product or recovering of costs.
Marginal note:Fees for rights and privileges
13 Subject to section 8, the Minister may fix, by regulation, fees payable in respect of a conferral, by means of a permit or authorization, of a right or privilege provided under this Act.
Marginal note:Fees for providing regulatory processes
14 (1) The Minister may fix, by regulation, fees in respect of the provision of regulatory processes under this Act by him or her, the Department of Fisheries and Oceans or any board or agency of the Government of Canada for which he or she has responsibility.
Marginal note:Amount
(2) Fees that are fixed under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable expenses incurred by Her Majesty for the purpose of providing regulatory processes under this Act.
Marginal note:Periodic adjustment
15 Regulations made under any of sections 11 to 14 may provide for the periodic adjustment of the fees referred to in those sections.
Marginal note:Proceeds of fees — provinces
16 Any fees charged in relation to the issuance of a licence by an employee of a provincial government belong to Her Majesty in right of that province.
Marginal note:2012, c. 19, s. 136, c. 31, s.176
13 Section 20 of the Act and the heading before it are replaced by the following:
Prevention of the Escape of Fish
14 Section 23 of the French version of the Act is replaced by the following:
Marginal note:Défense de pêcher dans les zones louées à d’autres
23 Il est interdit de pêcher ou de tuer du poisson dans les eaux, sur la grève ou dans une pêche mentionnées dans un bail ou une licence, ou d’y mouiller ou utiliser quelque engin ou appareil de pêche, sans la permission de l’occupant selon le bail ou la licence alors en vigueur; il est également interdit de troubler ou d’endommager pareille pêche.
15 Section 24 of the Act is replaced by the following:
Marginal note:Taking cetaceans into captivity
23.1 (1) Subject to subsection (2), no one shall fish for a cetacean with the intent to take it into captivity.
Marginal note:Exception
(2) The Minister may, subject to any conditions that he or she may specify, authorize a person to fish for a cetacean with the intent to take it into captivity if he or she is of the opinion that the circumstances so require, including when the cetacean is injured or in distress or is in need of care.
Marginal note:Importation and exportation — cetaceans
23.2 (1) No person shall import into Canada or export from Canada, or attempt to import or export, a living cetacean or sperm, an egg or an embryo of a cetacean, except in accordance with a permit issued under subsection (2).
Marginal note:Issuance of permit
(2) The Minister may issue a permit authorizing the importation or exportation of a living cetacean or sperm, an egg or an embryo of a cetacean and impose any conditions that the Minister considers appropriate in the permit, if the importation or exportation is for the purpose of
(a) conducting scientific research; or
(b) keeping the cetacean in captivity if it is in the best interests of the cetacean’s welfare to do so.
Marginal note:Amendment, suspension or cancellation
(3) The Minister may amend, suspend or cancel a permit issued under subsection (2).
Marginal note:Seines, nets, etc., not to obstruct navigation
24 Seines, nets or other fishing apparatus shall not be set or used in such a manner or in such a place that they or any equipment that is attached to any of them obstructs the navigation of boats and vessels and no boats or vessels shall destroy or wantonly injure in any way seines, nets or other fishing apparatus lawfully set or used or any equipment that is attached to any of them.
Marginal note:1991, c. 1, s. 6
16 Subsections 25(1) and (2) of the French version of the Act are replaced by the following:
Marginal note:Installation d’engins de pêche en période d’interdiction
25 (1) Sous réserve des règlements, il est interdit de placer des engins ou appareils de pêche dans les eaux, sur la grève ou dans une pêche durant une période d’interdiction.
Marginal note:Enlèvement des engins de pêche
(2) Sous réserve des règlements et du paragraphe (3), les personnes qui placent des engins ou appareils de pêche dans les eaux, sur la grève ou dans une pêche sont tenues de les enlever dès qu’elles ont cessé de s’en servir et au plus tard avant le début de la période d’interdiction.
17 Section 28 of the Act is repealed.
Marginal note:2012, c. 31, s. 173
18 (1) The portion of subsection 29(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Obstructing passage of fish or waters
29 (1) No person shall, for the purpose of fishing, place, erect, use or maintain any seine, net, weir or other fishing gear or apparatus, or any log, rock or material of any kind that
Marginal note:2012, c. 31, s. 173
(2) Subsection 29(2) of the Act is replaced by the following:
Marginal note:Removal
(2) The Minister or a fishery officer may order the removal of or remove any seine, net, weir or other fishing gear or apparatus, or any log, rock or material of any kind that, in the opinion of the Minister or fishery officer, results in an obstruction referred to in paragraph (1)(a) or (b).
18.1 The Act is amended by adding the following after section 31:
Marginal note:Shark finning
32 (1) No person shall engage in the practice of shark finning.
Marginal note:Definition of shark finning
(2) In this section, shark finning means the practice of removing the fins from a shark and discarding the remainder of the shark while at sea.
Marginal note:Importation and exportation
32.1 (1) No person shall import into Canada or export from Canada, or attempt to so import or export, any shark fins or parts of shark fins that are not attached to a shark carcass except in accordance with a permit issued under subsection (2).
Marginal note:Issuance of permit
(2) The Minister may issue a permit authorizing the importation or exportation into or from Canada of any shark fins or parts of shark fins that are not attached to a shark carcass and impose any conditions that the Minister considers appropriate in the permit
(a) if the importation or exportation is for the purpose of scientific research relating to shark conservation; and
(b) if, in the Minister’s opinion, the scientific research is likely to benefit the survival of any shark species or is required to enhance the chances of survival of any shark species in the wild.
Marginal note:Amendment, suspension or cancellation
(3) The Minister may amend, suspend or cancel a permit issued under subsection (2).
Marginal note:2012, c. 19, s. 140
19 The heading before section 34 of the Act is replaced by the following:
Fish and Fish Habitat Protection and Pollution Prevention
20 (1) The portion of subsection 34(1) of the Act before the first definition is replaced by the following:
Marginal note:Definitions
34 (1) The following definitions apply in this section and sections 34.1 to 42.5.
(2) Subsection 34(1) of the Act is amended by adding the following in alphabetical order:
- designated project
designated project means a project that is designated by regulations made under paragraph 43(1)(i.5) or that belongs to a class of projects that is designated by those regulations and that consists of works, undertakings or activities, including any works, undertakings or activities that the Minister designates to be associated with the project; (projet désigné)
- ecologically significant area
ecologically significant area means an area designated by regulations made under subsection 35.2(2); (zone d’importance écologique)
(3) Section 34 of the Act is amended by adding the following after subsection (2):
Marginal note:Application — Designated project
(3) Any provision of this Act that applies to works, undertakings or activities also applies to the works, undertakings or activities of a designated project, except paragraphs 34.4(2)(a) to (c) and (e) and 35(2)(a) to (c) and (e).
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