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Ontario Fishery Regulations, 2007

Version of section 4 from 2018-10-23 to 2024-11-26:

  •  (1) The provincial Minister may, for the proper management and control of fisheries and the conservation and protection of fish, specify in a licence any term or condition that is not inconsistent with these Regulations respecting one or more of the following matters:

    • (a) the species, quantity, size, weight, age, sex or stage of development of fish that may be caught, retained, possessed, held, loaded, landed, transported, transferred or released;

    • (b) the waters or locations where fishing is permitted or from which fish may be caught;

    • (c) the persons who may carry out activities under the licence;

    • (d) the waters or locations where fish may be held, loaded, landed, transferred or released;

    • (e) the period during which fishing is permitted or fish may be transferred or released;

    • (f) the type, size, quantity or marking of fishing gear or equipment;

    • (g) the locations or manner in which fishing gear or equipment may be used;

    • (h) the fishing vessel that may be used and the persons who may operate it;

    • (i) the weighing, marking, tagging, loading, landing, handling, separation or transportation of fish;

    • (j) the type and marking of containers used to hold or transport fish;

    • (k) the information that shall be recorded, kept or reported and the manner and form in which and the period for which the information shall be recorded, kept or reported;

    • (l) the disposing of water, containers or anything used to hold or transport fish;

    • (m) the monitoring of fishing activities, verification or examination of fishing gear, equipment, fish or records relating to fishing activities and the taking of fish samples;

    • (n) the health of fish including the monitoring and reporting of water quality, diseases, pathogens or fish escapes;

    • (o) the possession, destruction or prevention of the spread of a fish or other aquatic organism that is or may be harmful to fish;

    • (p) the method of movement, transfer, release, disposal or preservation of fish to ensure their protection; or

    • (q) the information that the master of a fishing vessel shall report from the water, including the method by which, the period in which and the person to whom the report is to be made.

  • (2) Every person shall comply with the terms and conditions specified in their licence.

  • (3) The provincial Minister may amend the terms and conditions of a licence for the purposes of the conservation and protection of fish.

  • (4) A notice of an amendment made under subsection (3) shall be sent to the licence holder. The notice is deemed to be received by a licence holder

    • (a) if the licence holder consents to receiving it by electronic means, on the day recorded by the server of the provincial Minister as the time of sending it;

    • (b) if the licence holder consents to receiving it by fax, on the day recorded by a fax machine of the provincial Minister as the time of sending it;

    • (c) if it is sent to the licence holder by mail, on the fifth day after the postmark date on the notice; or

    • (d) if it is delivered personally, on the day on which the notice is received by the licence holder.

  • (5) The amended licence terms take effect on the day on which the notice is received by the licence holder.

  • (6) The licence holder shall, on receipt of the notice, attach the notice to the licence.

  • SOR/2018-216, s. 5

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