Fisheries Act

Marginal note:Inspection

• 49 (1) Subject to subsection (2), for the purpose of ensuring compliance with this Act and the regulations, a fishery officer or fishery guardian may enter and inspect any place, including any premises, vessel or vehicle, in which the officer or guardian believes on reasonable grounds there is any work or undertaking or any fish or other thing in respect of which this Act or the regulations apply and may

  • (a) open any container that the officer or guardian believes on reasonable grounds contains any fish or other thing in respect of which this Act or the regulations apply;

  • (b) examine any fish or other thing that the officer or guardian finds and take samples of it;

  • (c) conduct any tests or analyses and take any measurements; and

  • (d) require any person to produce for examination or copying any records, books of account or other documents that the officer or guardian believes on reasonable grounds contain information that is relevant to the administration of this Act or the regulations.

• Marginal note:Operation of data processing systems and copying equipment

  (1.1) In carrying out an inspection of a place under subsection (1), a fishery officer or fishery guardian may,

  • (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the data processing system;

  • (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and

  • (c) use or cause to be used any copying equipment at the place to make copies of any record, book of account or other document.

• Marginal note:Duty to assist

  (1.2) The owner or person in charge of a place that is inspected by a fishery officer or fishery guardian under subsection (1) and every person found in the place shall

  • (a) give the officer or guardian all reasonable assistance to enable the officer or guardian to carry out the inspection and exercise any power conferred by this section; and

  • (b) provide the officer or guardian with any information relevant to the administration of this Act or the regulations that the officer or guardian may reasonably require.

• Marginal note:Disposition of samples

  (1.3) A fishery officer or fishery guardian who takes a sample under paragraph (1)(b) may dispose of it in any manner that the officer or guardian considers appropriate.

• Marginal note:Warrant required to enter dwelling-house

  (2) Where any place, premises, vessel or vehicle referred to in subsection (1) is a dwelling-house, a fishery officer or fishery guardian may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (3).

• Marginal note:Authority to issue warrant

  (3) Where on ex parte application a justice of the peace is satisfied by information on oath

  • (a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

  • (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

  • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

  the justice of the peace may issue a warrant under his hand authorizing the fishery officer or fishery guardian named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

• 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.