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| Binding on
Her Majesty
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3. This Act is binding on Her Majesty in
right of Canada or a province.
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| Territorial
operation
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4. (1) Without prejudice to sections 33 to 38,
this Act applies, in addition to its application
to Canada,
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(a) to the exclusive economic zone of
Canada;
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(b) in respect of sedentary species, to the
continental shelf of Canada; and
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(c) subject to subsection (2), to Canadian
fishing vessels and Canadian citizens on
any area of the sea other than an area of the
sea that forms part of the territorial sea or
internal waters of another state.
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| Exception
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(2) Part II does not apply beyond the
exclusive economic zone of Canada.
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| Jurisdiction of
courts
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(3) Without prejudice to sections 33 to 38,
all courts have the same jurisdiction with
respect to offences under this Act as they have
under sections 477.3 and 477.4 of the
Criminal Code.
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| Issuance, etc.
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5. (1) Subject to any exclusive right of
fishing existing at law, the Minister may, in the
Minister's absolute discretion, issue licences
and grant leases for fishing or for other related
activities.
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| Rights of Her
Majesty
preserved
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(2) The granting of a lease pertaining to
waters that are in a public harbour does not
prejudice the right or title of Her Majesty in
right of Canada to the enjoyment and use of
the harbour for any purpose other than the
cultivation and production of fish.
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| Licensing
policy
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6. The Minister may establish policies with
respect to the issuance of licences.
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| Conditions
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7. (1) The Minister may, on the issuance of
a licence, make the licence subject to any
conditions for
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(a) the management and control of
fisheries; or
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(b) the conservation and protection of fish.
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| Change of
conditions
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(2) The Minister may, after the issuance of
a licence, on the Minister's own initiative
where required for the conservation and
protection of fish, or on the application of the
holder, vary or rescind, in whole or in part, or
add to, any conditions of a licence.
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| Conditions
precedent, etc.
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(3) Conditions to which a licence is subject
may be precedent or subsequent and may
apply generally or in respect of a particular
case or class of cases.
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| Revocation or
suspension
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8. (1) Subject to subsection 65(2), the
Minister may revoke or suspend a licence
where the holder contravenes
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(a) a condition of the licence; or
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(b) a provision of this Act or the regulations
or a fisheries management order.
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| Automatic
revocation
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(2) A licence issued or lease granted to a
Canadian fishing vessel is revoked if the
fishing vessel ceases to be a Canadian fishing
vessel.
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| Foreign
fishing vessels
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(3) A licence issued or lease granted to a
fishing vessel that is registered or licensed
under the laws of a state other than Canada is
revoked if the fishing vessel ceases to be
registered or licensed under the laws of that
state.
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| Delegation of
licensing
authority
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9. (1) The Governor in Council may make
regulations delegating, to a minister of a
provincial government responsible for
fisheries, the powers conferred on the Minister
by section 5 in relation to licences or leases of
a prescribed class and sections 6 and 7 and
subsection 8(1) in relation to licences of a
prescribed class.
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| Fees
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(2) The proceeds of any fees charged in
relation to the issuance of a licence or the
granting of a lease by a minister of a provincial
government under regulations made pursuant
to subsection (1) belong to Her Majesty in
right of the province in which the licence was
issued or the lease was granted.
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| Fisheries
management
orders
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10. (1) The Minister may make a fisheries
management order with respect to any
category of fish or marine plant in any waters
specified in the order
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(a) prohibiting fishing for fish of that
category during the closed time set out in
the order;
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(b) prohibiting the catching and retaining of
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(i) such of the fish of that category as are
in excess of the quota set out in the order,
during the period specified in the order,
or
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(ii) any fish of that category, otherwise
than in accordance with the size or
weight limits set out in the order; or
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(c) prohibiting the harvesting of marine
plants of that category during the closed
time set out in the order.
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| Application of
order
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(2) A fisheries management order may
provide that it applies only in respect of
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(a) aboriginal fishing, commercial fishing
or recreational fishing;
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(b) those persons engaged in fishing using
a particular method or type of fishing gear
or fishing vessels of a particular class; or
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(c) holders of a particular class of licence.
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| Notice
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11. (1) Notice of a fisheries management
order shall be given to the persons, fishing
vessels and holders affected or likely to be
affected by it.
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| Where notice
not given
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(2) A person or fishing vessel is not guilty
of an offence, nor is a holder liable for a
violation, where that offence or violation
consists of a contravention of a fisheries
management order, unless the person, fishing
vessel or holder was given notice under
subsection (1) or had actual notice of the
substance of the order.
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| Effect of
orders
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12. If there is an inconsistency between a
fisheries management order and a condition of
a licence, the fisheries management order
prevails to the extent of the inconsistency.
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| Delegation
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13. The Governor in Council may make
regulations delegating the power of the
Minister to make fisheries management orders
to a person employed in the Department or the
government of a province.
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| Programs and
projects
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14. The Minister may undertake programs
and projects in relation to a fishery or fishery
enterprise that have as an object
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(a) improving the sustainability and
economic viability of the fishery or
enterprise; or
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(b) promoting adjustment in the fishery,
including capacity reduction, industry
restructuring and interim financial
assistance.
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| Financial
assistance
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15. (1) The Minister may, in order to
facilitate the implementation of any program
or project referred to in section 14,
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(a) make loans to any person;
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(b) acquire, hold or dispose of or otherwise
deal with shares, debentures or other
securities of, or any security interest in, any
fishery enterprise;
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(c) guarantee the repayment of, or provide
loan insurance or credit insurance in respect
of, any financial obligation undertaken by
any person; and
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(d) make grants and contributions to any
person.
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| Registration
and holding
of securities
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(2) Securities acquired by the Minister
pursuant to paragraph (1)(b) shall be
registered in the name of the Minister in the
books of the fishery enterprise and shall be
held by the Minister in trust for Her Majesty
in right of Canada.
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| Regulations
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(3) The Governor in Council may, on the
recommendation of the Minister and the
Minister of Finance, make regulations relating
to loans that may be made and guarantees that
may be given under this section.
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| Agreements,
etc.
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16. In exercising powers and performing
duties and functions under sections 14 and 15,
the Minister may
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(a) enter into agreements, arrangements or
transactions with any person, body or
government of a province or with another
minister, board or agency of the
Government of Canada; and
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(b) with the approval of the Minister of
Finance, pay out of the Consolidated
Revenue Fund, or from the proceeds of any
disposition of securities referred to in
paragraph 15(1)(b), amounts in respect of
any agreement, arrangement or transaction
referred to in paragraph (a).
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| Powers of
Minister
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17. (1) Her Majesty in right of Canada,
represented by the Minister, may enter into a
fisheries management agreement with any
organization that, in the opinion of the
Minister, is representative of a class of persons
or holders.
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| Contents of
agreement
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(2) An agreement may establish
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(a) the harvest limits, and other
conservation and management measures
for a fishery;
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(b) the number of licences that may be
issued for the class of holders or persons;
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(c) the fees payable to Her Majesty in right
of Canada with respect to the issuance of the
licences and the variation or rescission of,
or addition to, conditions of the licences;
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(d) the obligations, responsibilities and
funding arrangements with respect to
management of the fishery; and
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(e) conservation and management
programs for the fishery.
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| Sanctions
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(3) An agreement may, for the purposes of
Part III, establish guidelines for use by a
Tribunal on allowing a proceeding with
respect to a major violation.
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| Conservation
and
management
measures
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(4) It is a condition of any licence issued for
fishing in a fishery to which a fisheries
management agreement applies that the
conservation and management measures set
out in the agreement be complied with.
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| Notice
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18. (1) Before a fisheries management
agreement is entered into, notice of it shall be
given to the holders or persons likely to be
subject to it.
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| No liability
without notice
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(2) A person is not liable for the
contravention of the licence condition
referred to in subsection 17(4) unless the
person was given notice under subsection (1)
or had actual notice of the substance of the
agreement.
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| Publication
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19. (1) The Minister shall publish a fisheries
management agreement in the manner the
Minister sees fit.
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| Names of
holders
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(2) The agreement published under
subsection (1) may include the names and
addresses of the holders and persons at issue
and, in relation to a holder that is a fishing
vessel, the names and addresses of its owners
or charterers.
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| Inconsistency
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20. If there is an inconsistency between a
term of a fisheries management agreement
and a provision of the regulations, the fisheries
management agreement prevails to the extent
of the inconsistency.
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| Minister's
powers not
limited
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21. The power of the Minister to make a
fisheries management order is not limited or in
any way affected by a fisheries management
agreement.
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| Certain
instruments
exempted
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22. Policies referred to in section 6,
conditions of licences, fisheries management
orders and fisheries management agreements
are exempt from the application of sections 3,
5 and 11 of the Statutory Instruments Act.
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| Destruction of
fish
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23. No person shall destroy fish by any
means other than fishing except as authorized
by the Minister or the regulations.
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| Main channel
not to be
obstructed
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24. (1) One third of the width of any river or
stream and not less than two thirds of the width
of the main channel at low tide in every tidal
stream shall be left open, and no kind of net or
other fishing apparatus, logs or any material of
any kind shall be used or placed therein.
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| Devices to
prevent
escape of fish
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(2) The Minister may authorize the placing
and maintaining of barriers, screens or other
devices in streams, to prevent the escape of
fish held for fish breeding purposes or for any
other purpose that the Minister deems to be in
the public interest, and no person shall
damage any such barrier, screen or other
device.
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| Nets, weirs,
etc., not to
obstruct
passage of
fish
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25. (1) No person shall set, use or maintain
in Canadian waters, whether subject to any
exclusive right of fishing or not, any net, weir
or other device that unduly obstructs the
passage of fish.
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| Removal
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(2) The Minister or a fishery officer may
order the removal of or remove any net, weir
or other device that, in the opinion of the
Minister or fishery officer, unduly obstructs
the passage of fish.
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| Fish-ways and
canals
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26. No person shall fish in any manner
within twenty-five meters downstream from
the lower entrance to any fish-way, canal,
obstacle or leap.
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| Prohibition
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27. No person shall fish in any area to which
a lease or licence applies, or set therein any
fishing gear or apparatus, except by
permission of the occupant under the lease or
licence for the time being, nor shall any person
interfere with any such fishery.
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| Unlawful sale
or possession
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28. No person shall purchase, sell or possess
any fish that has been caught and retained in
contravention of this Act or the regulations.
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| Setting gear
during closed
time
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29. (1) No person shall set or leave any
fishing gear or apparatus used to fish for a
species of fish in any waters during a closed
time for that species of fish in those waters.
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| Officer's
discretion
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(2) A fishery officer may permit fishing
gear or apparatus referred to in subsection (1)
to remain in the water after the
commencement of the closed time for any
period the fishery officer considers necessary
to permit the removal of the gear or apparatus.
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