Fisheries Act (R.S.C., 1985, c. F-14)

Marginal note:Declaration of equivalent provisions

• 4.2 (1) If an agreement entered into under section 4.1 provides that there is in force a provision of the laws of the province or the Indigenous governing body that is equivalent in effect to a provision of the regulations, the Governor in Council may, by order, declare that certain provisions of this Act or of the regulations do not apply in the province or the territory governed by the Indigenous governing body, as the case may be, with respect to the subject matter of the provision of the laws of the province or the Indigenous governing body.

• Marginal note:Non-application of provisions

  (2) Except with respect to Her Majesty in right of Canada, the provisions of this Act or of the regulations that are set out in the order do not apply within the province or the territory governed by the Indigenous governing body, as the case may be, with respect to the subject matter of the provision of the laws of the province or the Indigenous governing body.

• Marginal note:Revocation

  (3) The Governor in Council may revoke the order if the Governor in Council is satisfied that the provision of the laws of the province or the Indigenous governing body, as the case may be, is no longer equivalent in effect to the provision of the regulations or is not being adequately administered or enforced.

• Marginal note:Notice

  (4) The Governor in Council may revoke the order only if the Minister has given notice of the proposed revocation to the government of the province or to the Indigenous governing body, as the case may be.

• Marginal note:Order ceases to have effect

  (5) The order ceases to have effect either when it is revoked by the Governor in Council or when the agreement to which the order relates terminates or is terminated.

Marginal note:Report to Parliament

4.3 The Minister shall, as soon as feasible after the end of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the administration of sections 4.1 and 4.2 in that fiscal year.

Marginal note:Objectives

• 4.4 (1) The Minister may implement programs and projects for the purposes of this Act and, to facilitate the implementation of a program or project, may

  • (a) make grants and contributions;

  • (b) make loans;

  • (c) make recoverable expenditures on behalf of any person or body, or any federal or provincial minister, department or agency; and

  • (d) guarantee the repayment of any financial obligation, or provide loan insurance or credit insurance in respect of such an obligation.

• Marginal note:Regulations

  (2) The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations respecting such grants, contributions, loans, guarantees and insurance.

• Marginal note:Agreements, etc.

  (3) In exercising powers and performing functions under subsection (1), the Minister may

  • (a) enter into agreements — including an agreement under section 4.1 — or arrangements or transactions with any person or body, or any federal or provincial minister, department or agency; and

  • (b) with the approval of the Minister of Finance, requisition amounts in respect of such an agreement, arrangement or transaction to be paid out of the Consolidated Revenue Fund.

Fishery Officers and Fishery Guardians

Marginal note:Designation

• 5 (1) The Minister may designate any persons or classes of persons as fishery officers or fishery guardians for the purposes of this Act and may limit in any manner the Minister considers appropriate the powers that a fishery officer or fishery guardian may exercise under this Act or any other Act of Parliament.

• Marginal note:Certificate of designation

  (2) Each fishery officer and fishery guardian shall be provided with a certificate in a form the Minister considers appropriate certifying their designation as such and, where the powers of a fishery officer or fishery guardian are limited pursuant to subsection (1), specifying the powers that the officer or guardian may exercise under this Act or any other Act of Parliament.

• Marginal note:Presentation of certificate

  (3) On entering any place under this Act or any other Act of Parliament, a fishery officer or fishery guardian shall, on request, show the certificate of designation to the person in charge of the place.

• Marginal note:Laws of certain First Nations

  (4) The powers and protections that a fishery officer or fishery guardian has under this or any other Act of Parliament, including the powers and protections of a peace officer under the Criminal Code, apply to a fishery officer or fishery guardian enforcing

  • (a) Nisga’a laws made under the Fisheries Chapter of the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act;

  • (a.1) Tla’amin Laws, as defined in subsection 2(2) of the Tla’amin Final Agreement Act, made under Chapter 9 of the Agreement, as defined in subsection 2(1) of that Act, given effect by that Act;

  • (b) Tsawwassen Laws, within the meaning of subsection 2(2) of the Tsawwassen First Nation Final Agreement Act, made under chapter 9 of the Agreement, as defined in subsection 2(1) of that Act, given effect by that Act; or

  • (c) Maanulth Laws, within the meaning of subsection 2(2) of the Maanulth First Nations Final Agreement Act, made under chapter 10 of the Agreement, as defined in subsection 2(1) of that Act, given effect by that Act.

Marginal note:Exercise of powers

5.1 Every power that may be exercised in Canada by a fishery officer or fishery guardian under this Act may be exercised anywhere this Act applies.

6 [Repealed, 2019, c. 14, s. 8]

Fish Stocks

Marginal note:Measures to maintain fish stocks

• 6.1 (1) In the management of fisheries, the Minister shall implement measures to maintain major fish stocks at or above the level necessary to promote the sustainability of the stock, taking into account the biology of the fish and the environmental conditions affecting the stock.

• Marginal note:Limit reference point

  (2) If the Minister is of the opinion that it is not feasible or appropriate, for cultural reasons or because of adverse socio-economic impacts, to implement the measures referred to in subsection (1), the Minister shall set a limit reference point and implement measures to maintain the fish stock above that point, taking into account the biology of the fish and the environmental conditions affecting the stock.

• Marginal note:Publication of decision

  (3) If the Minister sets a limit reference point in accordance with subsection (2), he or she shall publish the decision to do so, within a reasonable time and with reasons, on the Internet site of the Department of Fisheries and Oceans.

Marginal note:Plan to rebuild

• 6.2 (1) If a major fish stock has declined to or below its limit reference point, the Minister shall develop a plan to rebuild the stock above that point in the affected area, taking into account the biology of the fish and the environmental conditions affecting the stock, and implement it within the period provided for in the plan.

• Marginal note:Amendment

  (2) If the Minister is of the opinion that such a plan could result in adverse socio-economic or cultural impacts, the Minister may amend the plan or the implementation period in order to mitigate those impacts while minimizing further decline of the fish stock.

• Marginal note:Endangered or threatened species

  (3) Subsection (1) does not apply if the affected fish stock is an endangered species or a threatened species under the Species at Risk Act or if the implementation of international management measures by Canada does not permit it.

• Marginal note:Publication of decision

  (4) If the Minister amends a plan in accordance with subsection (2) or decides not to make one in accordance with subsection (3), he or she shall publish the decision to do so, within a reasonable time and with reasons, on the Internet site of the Department of Fisheries and Oceans.

• Marginal note:Restoration measures

  (5) In the management of fisheries, if the Minister is of the opinion that the loss or degradation of the stock’s fish habitat has contributed to the stock’s decline, he or she shall take into account whether there are measures in place aimed at restoring that fish habitat.

Marginal note:Regulations

6.3 The major fish stocks referred to in sections 6.1 and 6.2 are to be prescribed by regulations.

Fishery Leases and Licences

Marginal note:Fishery leases and licences

• 7 (1) Subject to subsection (2), the Minister may, in his absolute discretion, wherever the exclusive right of fishing does not already exist by law, issue or authorize to be issued leases and licences for fisheries or fishing, wherever situated or carried on.

• 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: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.