Fisheries Act

Marginal note:Persons who may be required to provide information

• 61 (1) The following persons may be required under this Act to provide information or to keep records, books of account or other documents:

  • (a) any person who engages in fishing;

  • (b) any person who purchases fish for the purpose of resale;

  • (c) any owner, operator or manager of an enterprise that catches, cultures, processes or transports fish;

  • (d) any person who imports fish into Canada or exports fish from Canada;

  • (e) any person who trades in or barters fish; and

  • (f) any agent or employee of a person referred to in paragraphs (a) to (e).

• Marginal note:Information that may be required

  (2) A person referred to in subsection (1) may be required to provide information or to keep records or other documents relating to any of the following matters:

  • (a) the number, sex, size, weight, species, product form, value or other particulars of any fish caught, cultured, processed, transported, sold or purchased;

  • (b) the time and place at which any fish was caught or landed and the person, enterprise or vessel by which the fish was caught or landed;

  • (c) the time and place at which any fish was purchased and the person, enterprise or vessel from which the fish was purchased;

  • (d) the vessels, gear and methods used and the number of persons employed for the purpose of catching fish;

  • (e) the buildings, equipment, products and methods used and the number of persons employed for the purpose of culturing or processing fish; and

  • (f) any other matter relating to the proper management and control of fisheries or the conservation and protection of fish.

• Marginal note:Duty to keep books

  (3) A person referred to in subsection (1) shall keep any records, books of account or other documents that may be required by the regulations or by the terms and conditions of any lease or licence issued to the person under this Act and the records, books of account or other documents shall be kept in the manner and form and for the period prescribed by the regulations, lease or licence.

• Marginal note:Duty to keep records — legally caught fish

  (3.1) For the purpose of enabling the Minister to verify if fish exported from Canada has been legally caught, a person referred to in subsection (1) shall also keep any relevant records, books of account and other documents for a minimum period of five years from the day on which the person engaged in any of the activities referred to in that subsection.

• Marginal note:Duty to provide information

  (4) A person referred to in subsection (1) shall, on the request of any fishery officer or fishery guardian, provide the officer or guardian, or any authority designated by the officer or guardian, with any information relating to a matter mentioned in subsection (2) that the officer or guardian may request.

• Marginal note:Idem

  (5) A person referred to in subsection (1) shall, in accordance with the regulations and the terms and conditions of any lease or licence issued to the person under this Act, provide a fishery officer, a fishery guardian or any authority designated in the regulations, lease or licence with any information relating to a matter mentioned in subsection (2) that the regulations, lease or licence requires.