Fisheries Act (R.S.C., 1985, c. F-14)

AMENDMENTS NOT IN FORCE

• — 1992, c. 47, s. 84 (Sch., s. 3)

  • 1991, c. 1, s. 24

    3 The heading preceding section 79.7 and section 79.7 are repealed.

• — 2013, c. 25, s. 21

  • 21 Subsection 5(4) of the Fisheries Act is amended by striking out “or” at the end of paragraph (b), by adding “or’’ at the end of paragraph (c) and by adding the following after paragraph (c):

    • (d) Yale First Nation laws, as defined in subsection 2(2) of the Yale First Nation Final Agreement Act, made under Chapter 8 of the Agreement, as defined in subsection 2(1) of that Act, given effect by that Act.

• — 2019, c. 14, s. 30

  • 30 The Act is amended by adding the following after section 42.1:

    • Public registry

      42.2 The Minister shall establish a public registry for the purpose of facilitating access to records relating to matters under any of sections 34 to 42.1.

    • Contents of registry — obligatory

      • 42.3 (1) The Minister shall publish the following records in the registry:

        • (a) any agreements referred to in section 4.1 that are entered into by him or her and that establish the circumstances and manner referred to in paragraph 4.1(2)(h);

        • (b) any standards and codes of practice established by the Minister under section 34.2;

        • (c) any orders made by the Minister under sections 34.3 and 37;

        • (d) any authorizations given under paragraphs 34.4(2)(b) and (c) and 35(2)(b) and (c) and subsection 35.2(7);

        • (e) any permits issued by him or her under section 35.1; and

        • (f) any fish habitat restoration plan prepared under subsection 35.2(9).

      • Contents of registry — optional

        (2) The Minister may publish in the registry, other records that he or she considers appropriate for the purpose set out in section 42.2, including

        • (a) any agreements referred to in section 4.1 and subsection 4.4(3);

        • (b) any arrangements referred to in subsection 4.4(3) and section 42.02;

        • (c) any proposed regulations;

        • (d) any reports submitted under any regulations made under this Act;

        • (e) any guidelines; and

        • (f) any policy.

      • Request of designated minister

        (3) The Minister may, on the request of any other minister designated under section 43.2, publish any records in the registry that the designated minister considers appropriate for the purpose set out in section 42.2.

      • Types of records in registry

        (4) Despite subsections (1) to (3), the registry shall contain only records or any part of those records

        • (a) that are publicly available; or

        • (b) that the Minister determines would be disclosed to the public in accordance with the Access to Information Act if a request were made in respect of that record under that Act, including any record that would be disclosed in the public interest under subsection 20(6) of that Act.

    • Form, manner and access — registry

      42.4 The Minister may determine the form of the registry, how it is to be kept and how access to it is to be provided.

    • Protection from civil proceeding or prosecution

      42.5 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 any record through the registry made in good faith or for any consequences of its disclosure.

• — 2019, c. 14, ss. 58.2(1), (2)

  • Bill S-238

    • 58.2 (1) Subsections (2) to (7) apply if Bill S-238, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (importation and exportation of shark fins) (in this section referred to as the “other Act”), receives royal assent.

    • (2) If section 2 of the other Act comes into force before section 18.1 of this Act, then section 32 of the Fisheries Act, as enacted by that section 2, is repealed.