1st Session, 35th Parliament,
42-43-44 Elizabeth II, 1994-95

The House of Commons of Canada

BILL C-115

An Act respecting fisheries

Preamble

Whereas the powers, duties and functions of the Minister of Fisheries and Oceans extend to sea coast and inland fisheries;

Whereas Parliament intends that those powers, duties and functions be exercised to conserve and manage Canada's fisheries in the interest of present and future generations of Canadians;

Whereas Parliament intends that those powers, duties and functions, as well as responsibilities under the fisheries laws of Canada, be exercised and performed in a manner that fosters cooperation with the provinces and other states and is consistent with Canada's international rights and obligations;

Whereas cooperation by foreign states with respect to the conservation of fisheries resources outside Canada's waters affects the conservation of Canada's fisheries resources;

Whereas Canada promotes the broad application of a precautionary approach to the conservation, management and exploitation of marine resources in order to protect marine resources and preserve the marine environment;

Whereas the protection of fish habitat and the prevention of the pollution of waters frequented by fish are essential elements of the management of Canada's fisheries;

Whereas the conservation of Canada's fisheries and their management on a sustainable basis are central to the economic viability of persons engaged in fishing and fish processors and the well-being of communities that are dependent on fisheries resources;

Whereas persons engaged in fishing and their organizations wish to have a greater and more direct participation in decisions respecting the management of Canada's fisheries;

And whereas the sustainability of Canada's fisheries depends on the application of effective deterrents to illegal fishing;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Fisheries Act.

INTERPRETATION

Definitions

2. In this Act,

``Canadian fishing vessel''
« bateau de pêche canadien »

``Canadian fishing vessel'' means a fishing vessel

      (a) that is registered or licensed under the Canada Shipping Act, or

      (b) that is not registered or licensed under the Canada Shipping Act or under the laws of another state but is owned by one or more persons each of whom is

        (i) a Canadian citizen,

        (ii) in the case of a vessel that is not required to be registered under that Act, a person resident and domiciled in Canada, or

        (iii) a corporation incorporated under the laws of Canada or a province, having its principal place of business in Canada;

``case presentation officer''
« chargé de dossier »

``case presentation officer'' means an individual or a member of a class of individuals who is designated as a case presentation officer pursuant to section 101;

``closed time''
« période de fermeture »

``closed time'' means a specified period during which the category of fish or marine plants to which the period applies may not be fished or harvested, as the case may be, and ``close time'' has a similar meaning;

``Department' '
« ministère »

``Department'' means the Department of Fisheries and Oceans;

``fish''
« poissons »; « pêche »

``fish''

      (a) where used as a noun, includes

        (i) parts of fish,

        (ii) shellfish, crustaceans, marine mammals and any parts of shellfish, crustaceans or marine mammals, and

        (iii) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine mammals, and

      (b) where used as a verb, means catch or attempt to catch fish;

``fisheries management agreement''
« accord de gestion des pêches »

``fisheries management agreement'' means a fisheries management agreement entered into pursuant to section 17;

``fisheries management order''
« arrêté de gestion des pêches »

``fisheries management order'' means a fisheries management order made pursuant to section 10;

``fishery''
« pêche »

``fishery'' means a fishery described in terms of

      (a) a species of fish,

      (b) a place where fishing may be carried on,

      (c) a particular method of fishing, or

      (d) a particular type of fishing gear or equipment or fishing vessel used;

``fishery guardian''
« garde-pêche »

``fishery guardian'' means an individual or a member of a class of individuals who is designated as a fishery guardian pursuant to subsection 122(1);

``fishery officer''
« agent des pêches »

``fishery officer'' means an individual or a member of a class of individuals who is designated as a fishery officer pursuant to subsection 122(1), and includes a member of the Royal Canadian Mounted Police and any person authorized by the Governor in Council to enforce this Act;

``fishing vessel''
« bateau de pêche »

``fishing vessel'' means a vessel used in or equipped for fishing or for provisioning and, for greater certainty, includes a vessel used in or equipped for processing fish or the transport of fish from fishing grounds;

``fishing vessel without nationality''
« bateau de pêche sans nationalité »

``fishing vessel without nationality'' means a fishing vessel that

      (a) has not been issued, under the laws of any state, a registration number, licence or other document granting the fishing vessel the right to fly the flag of that state,

      (b) sails under a flag that it is not entitled to fly,

      (c) does not sail under the flag of any state,

      (d) sails under the flag of two or more states, using them according to convenience, or

      (e) sails under the flag of a state that is not recognized by the international community;

``flag state''
« État du pavillon »

``flag state'', in relation to a fishing vessel, means the state under whose laws the fishing vessel is registered or licensed or, in the case of a fishing vessel that is not registered or licensed under the laws of any state, the state whose flag the fishing vessel is entitled to fly;

``foreign fishing vessel''
« bateau de pêche étranger »

``foreign fishing vessel'' means a fishing vessel that is not a Canadian fishing vessel and, for greater certainty, includes a fishing vessel without nationality;

``holder''
« titulaire »

``holder'' means

      (a) a person,

      (b) a fishing vessel, or

      (c) a member of a prescribed class of persons

    who holds a licence;

``inspector''
« inspecteur »

``inspector'' means an individual or a member of a class of individuals who is designated as an inspector pursuant to subsection 51(1);

``licence''
« licence » ou « permis »

``licence'' means a licence that is issued under this Act;

``major violation'' Version anglaise seulement

``major violation'' means a violation committed in the circumstances referred to in section 92;

``marine plant''
« plante marine »

``marine plant'' includes benthic and detached algae, marine flowering plants, brown algae, red algae, green algae and phytoplankton;

``member'' Version anglaise seulement

``member'' means a member of a Tribunal;

``Minister''
« ministre »

``Minister'' means the Minister of Fisheries and Oceans or such other member of the Queen's Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of any provision of this Act;

``minor violation'' Version anglaise seulement

``minor violation'' means a violation committed in the circumstances referred to in section 93;

``monetary penalty'' Version anglaise seulement

``monetary penalty'' means, in relation to a minor violation, the penalty that is prescribed for the violation;

``NAFO Regulatory Area''
« zone de réglementatio n de l'OPAN »

``NAFO Regulatory Area'' means that part of the following area, being the Convention Area of the Northwest Atlantic Fisheries Organization, that is on the high seas:

      (a) the waters of the Northwest Atlantic Ocean north of 35o00' north latitude and west of a line extending due north from 35o00' north latitude and 42o00' west longitude to 59o00' north latitude, thence due west to 44o00' west longitude, and thence due north to the coast of Greenland, and

      (b) the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78o10' north latitude;

``prescribed'' Version anglaise seulement

``prescribed'' means prescribed by the regulations made pursuant to section 41, 59, 121, 184 or 185;

``provisioning ''
« ravitailleme nt »

``provisioning'' includes, in relation to a fishing vessel at sea, servicing, maintaining and repairing the vessel;

``sedentary species''
« espèce sédentaire »

``sedentary species'' means a prescribed species of fish that, at the harvestable stage, either is immobile on or under the seabed or is unable to move except in constant physical contact with the seabed or subsoil;

``straddling stock''
« stock chevauchant »

``straddling stock'' means a prescribed stock of fish that occurs both within the exclusive economic zone of Canada and in an area beyond and adjacent to the exclusive economic zone of Canada;

``Tribunal''
« Office »

``Tribunal'' means the Atlantic Fisheries Tribunal established by section 66 or the Pacific Fisheries Tribunal established by section 67, as the case may be;

``vehicle''
« véhicule »

``vehicle'' means any conveyance that may be used for transportation, including aircraft;

``violation'' Version anglaise seulement

``violation'' means a major violation or a minor violation.