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)
32 The Act is amended by adding the following after section 43.2:
Marginal note:Regulations — Minister
43.3 (1) The Minister may, for the purposes of the conservation and protection of marine biodiversity and with respect to any area of Canadian fisheries waters that he or she specifies, make regulations
(a) prohibiting fishing of one or more species, populations, assemblages or stocks of fish;
(b) prohibiting any type of fishing gear or equipment from being used;
(c) prohibiting any type of fishing vessel from being used;
(d) prescribing classes of persons in respect of whom the prohibitions set out in paragraphs (a) to (c) apply; and
(e) prescribing types of fishing vessels in respect of which the prohibitions set out in paragraphs (a) and (b) apply.
Marginal note:Inconsistency
(2) If there is an inconsistency between regulations made by the Minister under subsection (1) and any regulations made by the Governor in Council under this Act, any orders issued under any regulations made by the Governor in Council under this Act or any conditions of any lease or licence issued under this Act, the regulations made by the Minister prevail to the extent of the inconsistency.
Compliance with Terms and Conditions
Marginal note:Compliance with terms and conditions of licences, etc.
43.4 (1) Every person acting under the authority of a permission referred to in section 4 or a lease or licence, whether issued under this Act or provincial legislation, shall comply with any terms and conditions of the permission, lease or licence that are imposed under the authority of this Act.
Marginal note:Statutory Instruments Act
(2) The permissions, leases and licences referred to in subsection (1) — including their terms and conditions — are not statutory instruments for the purposes of the Statutory Instruments Act.
Marginal note:Offence and punishment
(3) Every person who contravenes subsection (1)
33 Section 44 of the Act is replaced by the following:
Marginal note: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 under paragraph 46(1)(a).
34 Section 46 of the Act is renumbered as subsection 46(1) and is amended by adding the following:
Marginal note:Periodic adjustment
(2) For greater certainty, regulations made under paragraph (1)(d) may provide for periodic adjustment of the fees referred to in that paragraph.
35 Section 48 of the Act is replaced by the following:
Marginal note:Saving
48 Nothing in sections 44 to 47 shall be construed as preventing traditional harvesting of marine plants by Indigenous persons for their use as food.
36 Section 49 of the Act is amended by adding the following after subsection (3):
Marginal note:Stopping and detaining vessel or vehicle
(4) A fishery officer or fishery guardian may, for the purpose referred to in subsection (1), require any vessel or vehicle to be stopped, require it to be moved to a place where an inspection can be carried out and detain it for a reasonable time. The operator of the vessel or vehicle shall comply with the requirements.
37 Sections 53 and 54 of the French version of the Act are replaced by the following:
Marginal note:Contestations
53 L’agent local des pêches règle les différends portant sur les limites de pêche ou sur des réclamations relatives à des stations de pêche, ou sur la position et l’usage de filets et autres engins de pêche.
Marginal note:Distance entre les pêches
54 Les agents des pêches peuvent fixer la distance devant séparer les pêches; ils enlèvent sur-le-champ tous engins de pêche ou matériaux que le propriétaire néglige ou refuse d’enlever, lequel se rend coupable d’infraction à la présente loi et responsable des frais d’enlèvement et des dommages qui peuvent en résulter.
38 The Act is amended by adding the following after section 56:
Analysts
Marginal note:Analyst
56.1 (1) The Minister may designate persons or classes of persons as analysts for the purposes of the administration and enforcement of this Act.
Marginal note:Certificate of analyst as proof
(2) Subject to subsections (3) and (4), a certificate purporting to be signed by an analyst is, in the absence of evidence to the contrary, presumed to be authentic and is evidence of the facts stated in it in any prosecution for an offence under this Act, if it contains
(a) a statement that the analyst has tested or analyzed a substance, product or fish, and the results of the analysis or test; or
(b) a statement that the analyst has verified the accuracy of the instruments used by a fishery officer, fishery guardian or inspector to conduct any tests or analyses or to take any measurements.
Marginal note:Attendance of analyst
(3) The party against whom an analyst’s certificate is produced may, with the court’s permission, require the analyst’s attendance for cross-examination.
Marginal note:Notice
(4) No certificate may be admitted in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.
Marginal note:1991, c. 1, s. 18
39 (1) Paragraph 61(1)(b) of the French version of the Act is replaced by the following:
b) celles qui, en vue de la revente, achètent du poisson;
Marginal note:1991, c. 1, s. 18
(2) Subsection 61(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by replacing paragraph (d) with the following:
(3) Section 61 of the Act is amended by adding the following after subsection (3):
Marginal note:Duty to keep records — legally caught fish
(3.1) For the purpose of enabling the Minister to verify if fish exported from Canada has been legally caught, a person referred to in subsection (1) shall also keep any relevant records, books of account and other documents for a minimum period of five years from the day on which the person engaged in any of the activities referred to in that subsection.
40 The Act is amended by adding the following after section 61:
Marginal note:Information required by the Minister
61.1 (1) The Minister may, for the purpose of conducting research, creating an inventory of data, establishing objectives and codes of practice, issuing guidelines or assessing or reporting on the state of fisheries, fish or fish habitat, require any specified person to provide him or her with any document and other information that is in that person’s possession, or to which the person may reasonably be expected to have access.
Marginal note:Exception — Indigenous knowledge of Indigenous peoples
(2) The Minister shall not require any Indigenous knowledge of the Indigenous peoples of Canada to be provided to him or her by any person under subsection (1).
Marginal note:Other recipient
(3) The Minister may, in accordance with an agreement entered into under section 4.1, require the person to submit the document and other information to the entity that is a party to that agreement.
Marginal note:Conditions respecting access to information
(4) Subsection (3) does not apply unless the agreement sets out conditions respecting access by the entity that is a party to that agreement to all or part of the document and other information that the person is required to submit.
Marginal note:Compliance
(5) Every person who is required to provide any document and other information shall provide it within the time and in the manner that the Minister specifies.
Marginal note:Extension of time
(6) The Minister may, on request in writing from any person who is required to provide any document and other information, extend the specified time.
Marginal note:Preservation of information
(7) The Minister may require the person to keep the required document and other information, together with any calculations, measurements and other data on which they are based, and may also specify where, how and how long they are to be kept. However, the period for which they are to be kept shall not exceed five years from the day on which the Minister makes the requirement under subsection (1).
Marginal note:Inconsistency with regulations
(8) If there is an inconsistency between any requirements made by the Minister under this section and any provision of the regulations made under paragraphs 43(1)(g.1) and (g.2), the requirements prevail to the extent of the inconsistency.
Indigenous Knowledge of the Indigenous Peoples of Canada
Marginal note:Confidentiality
61.2 (1) Any Indigenous knowledge of the Indigenous peoples of Canada that is provided to the Minister under this Act in confidence is confidential and shall not knowingly be, or be permitted to be, disclosed without written consent.
Marginal note:Exception
(2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if
Marginal note:Consultation
(2.1) Before disclosing Indigenous knowledge under paragraph (2)(b) for the purposes of procedural fairness and natural justice, the Minister shall consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).
Marginal note:Further disclosure
(3) The Minister may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice.
Marginal note:Duty to comply
(4) The person or entity referred to in subsection (3) shall comply with any conditions imposed by the Minister under that subsection.
Marginal note:Protection from civil proceeding or prosecution
(5) Despite any other Act of Parliament, civil or criminal proceedings shall not be brought against Her Majesty in right of Canada, the Minister and any person acting on behalf of or under the direction of the Minister for the full or partial disclosure of the Indigenous knowledge referred to in subsection (1) made in good faith under this Act or for any consequences of the disclosure.
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