An Act to amend the Fisheries Act and other Acts in consequence (S.C. 2019, c. 14)

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.

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.