Fisheries Act (R.S.C., 1985, c. F-14)

Marginal note:Regulations

86.95 The Minister may make regulations respecting the alternative measures that may be used for the purposes of this Act, including regulations

• (a) excluding specified offences under this Act from the application of those measures;

• (b) respecting the form and manner in which and the period within which an application under paragraph 86.2(1)(f) to participate in the measures is to be made, and the information that is to be contained in or that is to accompany the application;

• (c) respecting the manner of preparing and filing reports relating to the administration of and compliance with alternative measures agreements;

• (d) respecting the terms and conditions that may be included in an alternative measures agreement and their effects; and

• (e) respecting the classes of reasonable costs and the manner of paying the costs associated with supervising and verifying compliance with an alternative measures agreement.

Marginal note:Offence and punishment

86.96 Every person who contravenes an alternative measures agreement referred to in subsection 86.2(1)

• (a) is guilty of an indictable offence and liable to a fine of not more than $500,000; or

• (b) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $100,000.

Application of Act to Waters Other than Canadian Fisheries Waters

Marginal note:Application of Act to High Seas

• 87 (1) The provisions of this Act and the regulations that apply to any or all of Canadian fisheries waters, without anything in the context of those provisions indicating that they apply to any specified area of Canadian fisheries waters, shall, in relation to any fishing vessel or aircraft on or over the High Seas that is subject to the jurisdiction of Canada, or any act or thing done or omitted to be done on, from or by means of any such fishing vessel or aircraft, be deemed to extend and apply to the High Seas.

• Marginal note:Regulations

  (2) The Governor in Council may make regulations respecting fisheries located in waters other than Canadian fisheries waters applicable to vessels or aircraft subject to the jurisdiction of Canada.

• Marginal note:Inconsistency or conflict

  (3) Where there is any inconsistency or conflict between any regulations that apply to the High Seas by virtue of subsection (1) and any regulations made under subsection (2), the latter regulations prevail to the extent of the inconsistency or conflict, unless the context otherwise requires.

Marginal note:Powers of Fisheries Officers — waters and territory of foreign state

87.1 Subject to the consent of a foreign state and any conditions that it may impose, every power that may be exercised, and every duty or function that may be performed in Canada by a fishery officer under this Act may be exercised or performed on or over the waters that are subject to the jurisdiction of a foreign state or on the state’s territory, or in a port of the foreign state, in relation to any fishing vessel that is subject to the jurisdiction of Canada.

Marginal note:Jurisdiction of courts

88 All courts and justices in Canada have the same jurisdiction with respect to offences under this Act as they have under sections 257 and 258 of the Canada Shipping Act, 2001 with respect to offences under that Act, and those sections apply to offences under this Act in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 2001.

Incorporation by Reference

Marginal note:Externally produced material

• 89 (1) A regulation made under this Act may incorporate by reference material produced by a person or body other than the Minister, including by a government, a government agency or an international body.

• Marginal note:Jointly produced material

  (2) A regulation made under this Act may incorporate by reference material produced jointly by the Minister and a government or government agency for the purpose of harmonizing the regulation with other laws.

• Marginal note:Internally produced standards

  (3) A regulation made under this Act may incorporate by reference technical or explanatory material produced by the Minister, such as specifications, test methods, procedures, construction standards, operational standards, safety standards and performance standards of a technical nature.

• Marginal note:Incorporation as amended from time to time

  (4) Material may be incorporated by reference as it exists on a particular date or as it is amended from time to time.

• Marginal note:Transmission and publication

  (5) For greater certainty, a document that is incorporated by reference in a regulation is not required to be transmitted for registration or publication in the Canada Gazette by reason only that it is incorporated by reference.

• Marginal note:Interpretation

  (6) Subsections (1) to (5) do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

Marginal note:Defence

90 A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in a regulation is relevant unless, at the time of the alleged contravention, it was accessible as required by section 91 or was accessible to the person.

Marginal note:Accessibility of incorporated documents

91 The Minister shall ensure that any document that is incorporated by reference under subsection 89(1) is accessible.

Review of Act

Marginal note:Five-year review

92 Every five years beginning on the day on which this section comes into force, the provisions and operation of this Act shall be reviewed by the committee of the Senate, of the House of Commons or of both Houses that is designated or established for that purpose.