Aquatic Invasive Species Regulations (SOR/2015-121)

Marginal note:Licensed fishing for aquatic invasive species

20 Despite any other regulations made under the Act, the Minister and any provincial minister having jurisdiction over fisheries may license fishing for any species referred to in subsection 19(2) in the places referred to in that subsection.

Marginal note:Authorized deleterious substances

21 The following classes of deleterious substances are authorized for the purpose of paragraph 36(4)(b) of the Act and subsections 19(3) and 27(1):

• (a) drugs whose sale is permitted or otherwise authorized, or whose importation is not prohibited, under the Food and Drugs Act; and

• (b) pest control products that are registered, or whose use is authorized, under the Pest Control Products Act.

Measures and Directions

Marginal note:Notification regarding non-indigenous species

• 22 (1) A fishery officer or fishery guardian may notify a person, directly or through a public notice, that an aquatic species is not indigenous in a particular region or body of water frequented by fish.

• Marginal note:Directions to stop introduction

  (2) In the event that the unauthorized introduction of an aquatic species into a particular region or body of water frequented by fish where it is not indigenous is imminent or in the process of occurring, a fishery officer may give a direction to a person

  • (a) prohibiting that person from engaging in any activity that may lead to that introduction; or

  • (b) directing that person to cease engaging in any activity that may lead to that introduction.

Marginal note:Definitions

23 The following definitions apply in sections 25 to 27 and 29.

carrier

carrier means anything, other than a conveyance or structure, that is a host to, or that facilitates the movement of, a species set out in Part 2 or 3 of the schedule. (porteur)

conveyance or structure

conveyance or structure means a conveyance or structure that is a host to, or that facilitates the movement of, a species set out in Part 2 or 3 of the schedule. (moyen de transport ou structure)

Marginal note:Limitations

24 A fishery officer or fishery guardian may take a measure set out in section 25 or give a direction set out in section 26 only

• (a) to determine whether the species is an aquatic invasive species;

• (b) to prevent the introduction or spread of, or to control or eradicate,

  • (i) any species set out in Part 2 of the schedule in the areas in which it is prohibited, or

  • (ii) any species set out in Part 2 or 3 of the schedule in a particular region or body of water frequented by fish where the species is not indigenous and may harm fish, fish habitat or the use of fish; or

• (c) to treat or destroy any member of a species described in paragraph (b).

Marginal note:Measures

• 25 (1) A fishery officer or fishery guardian or a person acting under their direction may

  • (a) treat or destroy a member of an aquatic invasive species or a carrier or treat a conveyance or structure;

  • (b) establish a temporary barrier around the member of an aquatic invasive species or the carrier, conveyance or structure; and

  • (c) post signs or markers that prohibit access around the member of an aquatic invasive species or the carrier, conveyance or structure.

• Marginal note:Reasonable assistance

  (2) A person must give all reasonable assistance requested by the fishery officer or the fishery guardian to enable them to carry out the measures set out in subsection (1) and must provide any information requested by them that is relevant to the measures if the person

  • (a) is in possession of a member of a species set out in Part 2 or 3 of the schedule;

  • (b) is in possession or in charge of a carrier, conveyance or structure or owns or occupies the land, building or place where the member of the species is found; or

  • (c) is engaged in any activity that may lead or has led to the introduction or spread of the species.

Marginal note:Directions

• 26 (1) Subject to subsection (2), a fishery officer may give a written direction requiring a person

  • (a) to restrict any activity that may lead to the introduction or spread of an aquatic invasive species;

  • (b) to restrict access to a place where a member of the species is found;

  • (c) to engage in any activity to prevent the introduction or spread of the species; and

  • (d) to engage in any activity to treat or destroy the member of the species or a carrier or to treat a conveyance or structure.

• Marginal note:Persons subject to direction

  (2) The direction may be given only to a person who

  • (a) is in possession of a member of the species or of a carrier, conveyance or structure where a member of the species is found;

  • (b) is in charge of a carrier, conveyance or structure where a member of the species is found;

  • (c) owns or occupies the land, building or place where a member of the species is found; or

  • (d) is engaged in any activity that may lead or has led to the introduction or spread of the species.

• Marginal note:Exemption from fishing licence

  (3) If a direction given under paragraph (1)(d) requires the use of fishing as a means to destroy members of a species set out in Part 2 or 3 of the schedule, the person to whom the direction is given is exempted from the requirement to hold a licence to fish for that species.

• Marginal note:Exemption while under direction

  (4) If a direction given under subsection (1) requires a person to be in possession of or to transport a member of a species set out in Part 2 of the schedule, that person is exempted from sections 7 and 8 to the extent necessary to fulfill the requirements of the direction.

Marginal note:Use of deleterious substance

• 27 (1) The Minister may give a written direction requiring the deposit of a deleterious substance belonging to one of the classes of deleterious substances authorized under section 21

  • (a) to prevent the introduction or spread of, or to control or eradicate,

    • (i) any species set out in Part 2 of the schedule in the areas in which it is prohibited, or

    • (ii) any species set out in Part 2 or 3 of the schedule in a particular region or body of water frequented by fish where the species is not indigenous and may harm fish, fish habitat or the use of fish; or

  • (b) to treat or destroy any member of a species described in paragraph (a) or a carrier or to treat a conveyance or structure where a member of the species is found.

• Marginal note:Persons subject to direction

  (2) The direction may be given only to a person who

  • (a) is in possession of a member of the species or of a carrier, conveyance or structure where a member of the species is found;

  • (b) is in charge of a carrier, conveyance or structure where a member of the species is found;

  • (c) owns or occupies the land, building or place where a member of the species is found; or

  • (d) is engaged in any activity that may lead or has led to the introduction or spread of the species.

• Marginal note:Exemption while under direction

  (3) If a direction given under subsection (1) requires a person to be in possession of or to transport a member of a species set out in Part 2 of the schedule, that person is exempted from sections 7 and 8 to the extent necessary to fulfill the requirements of the direction.

Marginal note:Requirements

• 28 (1) The measures set out in subsections 19(2) and (3) and 25(1) and the directions given in accordance with subsections 22(2), 26(1) and 27(1) must not be taken or given unless

  • (a) the measure or direction does not compromise public safety;

  • (b) in the case of a measure or direction affecting a vessel, the measure or direction is taken or given only to the extent that it does not compromise the safety of the vessel or the persons on board and, in the case of vessels over 24 m in length, if the Minister, the fishery officer or the fishery guardian has consulted the Minister of Transport or a marine safety inspector before taking the measure or giving the direction; and

  • (c) in the case of a non-emergency situation in which the measure or direction may have a significant impact on activities under the jurisdiction of a department or agency of the Government of Canada or the government of any province or municipality, the Minister, the fishery officer or the fishery guardian has notified that department, agency or government.

• Marginal note:Deleterious substance

  (2) If a measure or direction referred to in subsection (1) involves the deposit of a deleterious substance,

  • (a) alternative measures and the impact of the deposit on fish, fish habitat or the use of fish must be taken into account; and

  • (b) the deposit must be authorized by a person prescribed under section 18.

Marginal note:Contents of directions

• 29 (1) Directions given under subsection 26(1) or 27(1) must

  • (a) describe the member of the aquatic invasive species and the carrier, conveyance or structure, if there is one, that is the subject of the direction;

  • (b) briefly describe the reasons for the direction;

  • (c) set out the time period in respect of which the direction applies, up to a maximum of 15 days with an extension of up to a maximum of 90 days;

  • (d) describe the requirements set out in subsection 26(1) or 27(1); and

  • (e) be delivered in person or, if that is not possible, be posted in a conspicuous place at or near the location of the member of the species or of the carrier, conveyance or structure.

• Marginal note:Further contents

  (2) Directions given under subsection 27(1) must also

  • (a) set out the place and manner in which the member of the species or the carrier, conveyance or structure, if there is one, must be treated or destroyed;

  • (b) set out the date by which the requirement must be satisfied; and

  • (c) state the terms and conditions applicable to the deposit of the deleterious substance.

Marginal note:Requirements

• 30 (1) Every person to whom a direction is given under subsection 22(2), 26(1) or 27(1)

  • (a) must follow the requirements specified in the direction; and

  • (b) is prohibited from engaging in any activity contrary to the requirements specified in the direction.

• Marginal note:Prohibition

  (2) It is prohibited for any person to enter an area

  • (a) around which the temporary barrier referred to in paragraph 25(1)(b) has been established; or

  • (b) around which the signs or markers referred to in paragraph 25(1)(c) have been posted.

Consequential Amendments

Manitoba Fishery Regulations, 1987

31 [Amendments]

32 [Amendment]

33 [Amendment]

Fishery (General) Regulations

34 [Amendment]

35 [Amendment]

36 [Amendment]

Ontario Fishery Regulations, 2007

37 [Amendments]

38 [Amendment]