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Fisheries Act

Version of section 5 from 2016-04-05 to 2024-11-26:


Marginal note:Designation

  •  (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.

  • R.S., 1985, c. F-14, s. 5
  • 1991, c. 1, s. 2
  • 2000, c. 7, s. 22
  • 2008, c. 32, s. 28
  • 2009, c. 18, s. 21
  • 2014, c. 11, s. 22

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