Bill C-32

2nd Session, 39th Parliament,

56 Elizabeth II, 2007

house of commons of canada

BILL C-32

An Act respecting the sustainable development of Canada’s seacoast and inland fisheries

WHEREAS the powers and functions of the Minister of Fisheries and Oceans extend to seacoast and inland fisheries;

WHEREAS the conservation and 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 Parliament intends that Canada’s fisheries be managed sustainably, as a common property resource, to benefit present and future generations of Canadians;

WHEREAS Parliament wishes to provide a predictable, transparent and effective legislative framework for the management of Canada’s fisheries;

WHEREAS Parliament intends that this legislative framework be applied in a manner that fosters cooperation with the provinces and with bodies established under land claims agreements and is consistent with Canada’s international rights and obligations;

WHEREAS Parliament recognizes the importance of continued cooperation with prov- inces to which responsibility for the management of Canada’s inland fisheries has been delegated;

WHEREAS subsection 35(1) of the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada and Parliament recognizes the importance of fisheries to many aboriginal communities;

WHEREAS stable access to fisheries resources is central to the economic viability of fishing enterprises and of fish processors and to the well-being of communities that are depend- ent on fisheries;

WHEREAS Parliament is committed to maintaining the public character of the management of fisheries and fish habitat;

WHEREAS aboriginal, commercial and rec- reational fishers and their organizations, fish processors, communities, industry associations and the public desire a greater and more direct participation in decisions respecting the future of Canada’s fisheries, including the conservation and protection of fish habitat;

WHEREAS aboriginal, commercial and rec- reational fishers and their organizations desire a greater and more direct participation in the management of their harvesting of fish;

AND WHEREAS the application of effective deterrents to illegal fishing is essential to the sustainability of Canada’s fisheries;

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

1. This Act may be cited as the Fisheries Act, 2007.

PURPOSE OF ACT

2. The purpose of this Act is to provide for the sustainable development of Canada’s seacoast and inland fisheries, through the conservation and protection of fish and fish habitat and the proper management and control of fisheries.

INTERPRETATION

3. The following definitions apply in this Act.

“Canadian”, with respect to a fishing vessel, means that the fishing vessel is one

(a) in respect of which a certificate of registry has been issued under the Canada Shipping Act, 2001; or

(b) in respect of which a certificate of registry has not been issued under the Canada Shipping Act, 2001 or that is not registered, listed or otherwise recorded in a foreign state, but that is owned by one or more persons each of whom is

(i) a Canadian citizen,

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

(iii) in the case of a vessel in respect of which a certificate of registry is not required to be issued under that Act, a person resident and domiciled in Canada.

“fish” includes

(a) parts of fish;

(b) shellfish, crustaceans, other marine animals and any parts of any of them; and

(c) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and other marine animals.

“fishery” means a fishery described in terms of

(a) a species of fish;

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

(c) a period during which fishing may be carried on;

(d) a particular method of fishing; or

(e) a particular type of fishing gear or equipment or fishing vessel used.

“fish habitat” means any area on which fish depend directly or indirectly in order to carry out their life processes, including spawning grounds, nursery areas, rearing areas, food supply areas and migration areas.

“fishing” means catching or attempting to catch fish by any means.

“fishing vessel” means a vessel used or equipped for fishing, processing fish or transporting fish from fishing grounds, or a vessel that supplies such a vessel.

“fishway” means any device, work or other thing that provides for the free passage of fish, including a fish pump, fish ladder, fish elevator or fish lock.

“holder” means any of the following that holds a licence:

(a) a person;

(b) a fishing vessel; or

(c) an organization.

In respect of a fishing vessel, it includes the owner or charterer of the vessel.

“marine plant” means an aquatic plant that is a saltwater plant, including benthic and detached algae, marine flowering plants, brown algae, red algae, green algae and phytoplankton.

“Minister” means the Minister of Fisheries and Oceans.

“obstruction” means any slide, dam or other thing impeding wholly or partially the free passage of fish.

“plant” includes parts of a plant.

“prescribed” means prescribed by the regulations.

“Tribunal” means the Canada Fisheries Tribunal established under section 149.

“vehicle” means any conveyance that may be used for transportation, including a vessel or an aircraft.

HER MAJESTY

4. This Act is binding on Her Majesty in right of Canada or a province.

TERRITORIAL OPERATION

5. This Act applies, in addition to its application to Canada, to

(a) the exclusive economic zone of Canada; and

(b) Canadian fishing vessels and Canadian citizens on any area of the sea other than an area that forms part of the territorial sea or internal waters of another state.

APPLICATION PRINCIPLES

6. The Minister and every person engaged in the administration of this Act or the regulations must

(a) take into account the principles of sustainable development and seek to apply an ecosystem approach in the management of fisheries and in the conservation and protection of fish and fish habitat;

(b) seek to apply a precautionary approach such that, if there is both high scientific uncertainty and a risk of serious harm, they will not use a lack of adequate scientific information as a reason for failing to take, or for postponing, cost-effective measures for the conservation or protection of fish or fish habitat that they consider proportional to the potential severity of the risk;

(c) take into account scientific information in the management of fisheries and in the conservation and protection of fish and fish habitat;

(d) seek to manage fisheries and conserve and protect fish and fish habitat in a manner that is consistent with the constitutional protection provided for existing aboriginal and treaty rights of the aboriginal peoples of Canada;

(e) consider traditional knowledge, to the extent that it has been shared with them, with respect to the management of fisheries and the conservation and protection of fish and fish habitat;

(f) endeavour to act in cooperation with other governments and with bodies established under land claims agreements; and

(g) encourage the participation of Canadians in the making of decisions that affect the management of fisheries and the conservation or protection of fish or fish habitat.

AGREEMENTS WITH PROVINCES

7. (1) The Minister may, subject to the regulations, enter into an agreement with a province to further the purpose of this Act, including an agreement with respect to one or more of the following:

(a) facilitating cooperation between the parties to the agreement, including facilitating joint action in areas of common interest, reducing overlap between their respective programs and otherwise harmonizing those programs;

(b) facilitating enhanced communication between the parties, including the exchange of scientific and other information; and

(c) facilitating public consultation or the entry into arrangements with third-party stakeholders.

(2) An agreement may establish

(a) the roles, powers and functions of the parties;

(b) programs and projects, including programs and projects described in section 11;

(c) principles and objectives of the parties’ respective programs and projects;

(d) standards, guidelines and codes of practice to be followed by the parties in the administration of their respective programs and projects;

(e) processes for policy development, operational planning and communication between the parties, including the exchange of scientific and other information;

(f) the administrative structures that will be used to carry out the agreement’s objectives; and

(g) the power of the parties to create committees and public panels and to conduct public consultation.

(3) The Governor in Council may make regulations establishing the conditions under which the Minister may enter into or renew an agreement, including procedures for entering into or renewing the agreement.

8. (1) The Minister must publish an agreement entered into under section 7 in the manner that the Minister considers appropriate.

(2) The agreement terminates five years after the day on which it takes effect, but may be terminated earlier by either party giving the other at least three months’ notice.

(3) However, the agreement may be renewed on the agreement of the parties before its termination, and subsection (2) applies to the agreement as renewed. The Minister must publish a notice of the renewal in the manner that the Minister considers appropriate.

9. (1) If an agreement entered into under section 7 provides that there is in force a provision under the laws of the province that is equivalent to a provision of the regulations, the Governor in Council may, on the recommendation of the Minister, by order declare that the provision of the regulations does not apply in the province.

(2) Except with respect to Her Majesty in right of Canada, the provision of the regulations that is set out in the order does not apply within that province.

(3) The Governor in Council may revoke the order on the recommendation of the Minister if the Governor in Council is satisfied that the provision under the laws of the province is no longer equivalent to the provision of the regulations set out in the order, or that it is not being adequately applied or enforced.

(4) The Governor in Council may not revoke the order unless the Minister has given notice of the proposed revocation to the province.

(5) The order ceases to have effect either when it is revoked by the Governor in Council or when the agreement to which the order relates terminates or is terminated.

10. The Minister must, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the administration of sections 7 to 9.

PROGRAMS AND PROJECTS

11. The Minister may undertake programs and projects, whose objectives may include any of the following:

(a) improving the abilities of a fishing enterprise or an organization, including a fishers’ union or an aboriginal organization, with regard to business management and the management of its harvesting of fish;

(b) improving the fishing techniques of an organization’s members by means that include promoting training and mentoring in those techniques;

(c) improving the economic viability of a fishery or of the aquaculture sector;

(d) promoting adjustment in a fishery, including industry restructuring;

(e) promoting conservation or restoration of fish habitat; and

(f) promoting the productivity or the sustainability of a fishery or fish habitat.

12. (1) The Minister may, in order to facilitate the implementation of a program or project,

(a) make grants and contributions;

(b) make loans; and

(c) guarantee the repayment of any financial obligation, or provide loan insurance or credit insurance in respect of such an obligation.

(2) The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations respecting such grants, contributions, loans, guarantees and insurance.

13. In exercising powers and performing functions under sections 11 and 12, the Minister may

(a) enter into agreements, arrangements or transactions — including an agreement under section 7 — with any person, body or government of a province or with another minister, a department or an agency of the Government of Canada; and

(b) with the approval of the Minister of Finance, requisition amounts in respect of such an agreement, arrangement or transaction to be paid out of the Consolidated Revenue Fund.

ADVISORY PANELS

14. (1) The Minister may, in order to carry out the purpose of this Act or the regulations, establish advisory panels and provide for their membership, functions and operation.

(2) Members of a panel established under subsection (1) are to be paid any amount that is fixed by the Governor in Council for each day that they attend any of the panel’s meetings.

(3) The members are also entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the panel while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members.

INFORMATION

15. (1) The Minister may, for the purpose of conducting research, creating an inventory of data, formulating objectives and codes of practice, issuing guidelines or assessing or reporting on the state of fisheries or fish habitat, require any person to provide the Minister with any information that is in that person’s possession, or to which the person may reasonably be expected to have access, that the Minister considers relevant to

(a) the conservation or protection of fish or fish habitat;

(b) the proper management or control of fisheries or the sustainable development of aquaculture; or

(c) the prevention of pollution of waters frequented by fish.

(2) The Minister may, in accordance with an agreement with a province entered into under section 7, require the person to submit the information to the government of that province.

(3) Subsection (2) does not apply unless the agreement sets out conditions respecting access by the government of that province to all or part of the information that the person is required to submit.

(4) Every person who is required to provide information under subsection (1) or (2) must provide it within the time and in the manner that the Minister specifies.

(5) The Minister may, on request in writing from any person who is required to provide information under subsection (1) or (2), extend the specified time.

(6) The Minister may require the person to keep copies of the required information, together with any calculations, measurements and other data on which the information is based, and may also specify where, how and how long they are to be kept. However, the period for which they are to be kept may not exceed three years from the day on which the Minister makes the requirement under subsection (1).

(7) If there is an inconsistency between any of the Minister’s requirements to a person under this section and any provision of the regulations made under paragraph 207(d) or (e), the requirements prevail to the extent of the inconsistency.

FEES

16. (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for a service or the use of a facility provided under this Act.

(2) Fees that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

17. The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees in respect of products, rights and privileges provided under this Act.

18. (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees in respect of regulatory processes or approvals provided under this Act.

(2) Fees that are fixed under subsection (1) may not in the aggregate exceed an amount that is sufficient to compensate Her Majesty in right of Canada for any reasonable outlays incurred by Her Majesty in right of Canada for the purpose of providing the regulatory processes or approvals.

19. (1) Before fixing a fee under this Act, the Minister must consult with any persons or bodies that the Minister considers to be interested in the matter.

(2) The Minister shall, within 30 days after the day on which a fee is fixed under this Act, publish the fee in the Canada Gazette and by any appropriate electronic or other means that the Treasury Board may authorize by regulation.

(3) Any fee fixed under this Act shall stand referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.

20. The Treasury Board may make regulations for the purposes of any of sections 16 to 19.

21. Any fees charged in relation to the issuance of a licence by an employee of a provincial government belong to Her Majesty in right of that province.

LIABILITY

22. (1) Persons engaged in the administration or enforcement of this Act or the regulations are not personally liable for anything done or omitted to be done in good faith in exercising their powers or performing their functions.

(2) Subsection (1) does not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve Her Majesty in right of Canada of liability in respect of a tort or fault to which Her Majesty in right of Canada would otherwise be subject.

DELEGATION

23. The Governor in Council may delegate, subject to any conditions that the delegation specifies, any or all of the powers conferred on the Minister by sections 15 to 18 or by Parts 1 and 3, or by the regulations made under any of those sections or those Parts, to a minister of a provincial government responsible for fisheries.

24. Nothing in this Act, except subsection 33(4) and paragraph 47(3)(b), limits the application of subsection 24(2) of the Interpretation Act to this Act.

PART 1

FISHERIES MANAGEMENT AND CONSERVATION AND PROTECTION OF FISH

Considerations

25. (1) In exercising the powers under section 27 or 37 in relation to a fishery, the Minister must first take into account the need to conserve and protect fish and fish habitat.

(2) The Minister must then also take into account

(a) the compliance of fishers in the fishery with this Act or the regulations;

(b) the importance to fishers of secure access to the fishery and of allocation stability;

(c) fairness to individuals, between communities and between regions;

(d) fishers’ adjacency to the fishery;

(e) fishers’ historical participation in the fishery;

(f) economic viability in the fishery;

(g) the best use of fish in order to fulfill the fishery’s economic, social and cultural potential;

(h) the importance of maintaining public access to the fishery; and

(i) any other consideration that the Minister considers relevant.

Licences

26. In addition to the holder, persons who are authorized to fish under the authority of a licence are the following:

(a) persons who are designated to fish under the authority of a licence held by an organization; and

(b) members of the crew of a fishing vessel operated by a holder or by a designated person referred to in paragraph (a), including the master or anyone else on board the fishing vessel who is in command or charge of it.

27. (1) The Minister may make regulations respecting applications for licences and their issuance, including regulations respecting eligibility criteria.

(2) If the Minister considers that exigent circumstances justify doing so for the conservation or protection of fish or fish habitat or the proper management or control of fisheries, the Minister may make an interim order containing any provision that may be contained in a regulation made under subsection (1).

(3) An interim order has effect from the time that it is made.

(4) If there is an inconsistency between an interim order and a regulation made under subsection (1), the interim order prevails to the extent of the inconsistency.

(5) The Minister must publish an interim order in the Canada Gazette within 30 days after the day on which it is made.

(6) An interim order ceases to have effect on the earlier of

(a) the day it is repealed, and

(b) six months after the day on which it is made.

28. The Minister may designate any individ- uals or class of individuals as licensing officers for the purposes of this Act or the regulations, and may restrict in any manner that the Minister considers appropriate the powers that a licens- ing officer may exercise under this Act.

29. A licensing officer may, in accordance with the regulations or interim orders made under section 27, issue licences for fishing or for other activities involving fish or aquatic plants.

30. (1) A licence does not confer any right of property.

(2) A licence does not confer the right to fish in any waters that are subject to any exclusive right of fishing existing at law.

31. A licensing officer may refuse to issue a licence to an applicant who meets the eligibility criteria set out in the regulations or interim orders made under section 27 if

(a) the applicant has not submitted a record, book, other document or other information

(i) that was required to be submitted as a condition of a licence held by the applicant in a previous year,

(ii) that the Minister required the applicant to provide under section 15, or

(iii) that was required by the regulations to be submitted in a previous year;

(b) the licensing officer has reasonable grounds to believe that the applicant has, with respect to the licence, entered into an agreement whose purpose is contrary to the regulations or interim orders made under section 27;

(c) the applicant is unable to provide evidence that they have paid all the amounts that they are required to pay under paragraph 43(2)(i); or

(d) the applicant has not paid an amount that constitutes a debt under section 129 or 200 or has not complied with an order made under subsection 116(1), section 117, subsection 198(1) or section 199.

32. If a licensing officer refuses to issue a licence or does not issue one within a reasonable period after the application has been made, and the licence is prescribed by regulations made under paragraph 206(1)(a) or belongs to a class prescribed under that paragraph, the applicant may appeal to the Tribunal within the prescribed period.

33. (1) A licensing officer may make a licence subject to any conditions that belong to a class of conditions established by the regulations.

(2) If the licence is to be issued to an organization, a licensing officer may make the licence subject to conditions respecting the designation of persons who may fish under the authority of the licence and the fishing vessels that may be used to do so, as well as respecting any other matter concerning designations, including the method of designation and the person or persons responsible for making the designations.

(3) After the issuance of a licence, a licens- ing officer may, either on the officer’s own initiative if required for the conservation or protection of fish or fish habitat or on the holder’s request, vary or rescind in whole or in part any conditions of the licence or add conditions to it.

(4) After the issuance of a licence, the Minister, or a Regional Director General or Associate Regional Director General of the Department of Fisheries and Oceans who is authorized by the Minister to do so, may, for the proper management or control of fisheries, vary or rescind in whole or in part any conditions of the licence or add conditions to it.

(5) The holder and any other person fishing under the authority of a licence must comply with the conditions of the licence.

34. If there is an inconsistency between a condition of a licence that belongs to a class prescribed under paragraph 55(1)(q) and a provision of the regulations that is prescribed under that paragraph, the condition of the licence prevails to the extent of the incon- sistency.

35. (1) A licence issued to a Canadian fishing vessel is revoked if the vessel ceases to be Canadian.

(2) A licence issued on the condition that the fishing vessel that is used to fish under the authority of the licence be a Canadian fishing vessel is revoked if the vessel used ceases to be Canadian, or if fishing is done under the authority of the licence by means of another vessel and that vessel is not Canadian.

(3) If a licence is revoked under this section, the holder must return it without delay to a licensing officer.

Leases

36. The Minister may issue leases for aquaculture purposes.

Allocations

37. (1) For any species of fish that is not managed by a province, the Minister may by order, with respect to any area that the order specifies and subject to any condition that the order specifies, allocate any combination of quantities or shares of the fish that may be fished among any groups or communities that the order specifies, including

(a) fishers using a particular method of fishing or type of fishing gear or equipment;

(b) fishers using fishing vessels of a partic- ular class; and

(c) holders of a particular class of licence.

(2) The maximum duration of an allocation is 15 years.

(3) The Minister must, before making, amending or cancelling an allocation order,

(a) publish a notice of the intention to do so in the manner that the Minister considers appropriate; and

(b) if the Minister has established under section 14 an advisory panel whose mandate includes the fishery in question, refer the matter to the panel for its consideration, along with any instructions that the Minister considers relevant.

(4) The panel must report to the Minister within a reasonable time, and the Minister must publish the panel’s report in the manner that the Minister considers appropriate before making, amending or cancelling the allocation order.

(5) The Minister may make, amend or cancel an allocation order without complying with subsection (3) if the Minister considers that exigent circumstances justify doing so.

(6) The Minister must publish an allocation order in the manner that the Minister considers appropriate.

(7) The Minister and all licensing officers must take reasonable steps to give effect to an allocation order.

(8) An allocation order does not give rise to any recourse against Her Majesty in right of Canada.

(9) Nothing in this section limits the Minister’s powers to take any measure that the Minister considers necessary for the conservation or protection of fish or fish habitat, including the power to make a fisheries management order.

Fisheries Management Orders

38. (1) The Minister may make a fisheries management order with respect to any species of fish or marine plant in any area specified in the order

(a) prohibiting fishing for fish of that species during the close time set out in the order;

(b) prohibiting, during any period specified in the order,

(i) the catching and retaining of more fish of that species than the quota set out in the order, or

(ii) the catching and retaining of any fish of that species except in accordance with the size or weight limits set out in the order; or

(c) prohibiting the harvesting of marine plants of that species during the close time set out in the order.

(2) A fisheries management order may provide that it applies only to

(a) a particular class of persons specified in the order, including

(i) persons who fish or harvest marine plants using a particular method or a particular type of gear or equipment, or

(ii) persons who use fishing vessels of a particular class; or

(b) holders of a particular class of licence specified in the order.

39. Every person or holder to whom a fisheries management order applies must comply with it.

40. (1) Subject to the regulations, no person or holder to whom a fisheries management order applies shall set or leave any fishing gear or equipment used to fish for a species of fish in any waters during a close time set out in the order for that species in those waters.

(2) However, a fishery officer may permit fishing gear or equipment referred to in subsection (1) to remain in the water, for any period that the officer fixes, after the start of the close time.

41. (1) Notice of a fisheries management order must be given in the prescribed manner to the persons or holders to whom it applies.

(2) If notice is not given, then the contravention of a fisheries management order or of section 40 is not an offence or violation unless, at the time of the contravention, reasonable steps had been taken to bring the substance of the order to the notice of those persons or holders to whom it applies.

42. 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.

Fisheries Management Agreements

43. (1) The Minister may, to further the conservation or protection of fish, the sustainable development of a fishery or the participation of Canadians in fisheries management, enter into a fisheries management agreement with an organization that the Minister considers to be representative of a class of persons or holders.

(2) An agreement may establish matters including

(a) the persons and holders to whom the agreement applies;

(b) the roles, powers and functions of the Minister and the organization;

(c) planning and consultation processes for the fishery;

(d) conservation, protection or management rules for the fishery;

(e) conservation, protection or management programs and projects for the fishery, including programs and projects referred to in section 11;

(f) arrangements for licence administration with respect to the fishery, including quota trades;

(g) funding arrangements with respect to the management of the fishery;

(h) the fees payable to Her Majesty in right of Canada for licences issued for the fishery;

(i) amounts that the persons and holders to whom the agreement applies are required to pay to the organization or to a third party;

(j) if a licence is issued to the organization, authority for the organization to designate persons who may fish under the authority of the licence on its behalf and the fishing vessels that may be used to do so;

(k) the conditions under which the agreement may be varied or terminated; and

(l) any other matter concerning the conservation or protection of fish or the sustainable development or management of a fishery.

(3) An agreement may, for the purposes of Part 5, establish guidelines to be used by the Tribunal when it makes an order in a proceeding in respect of a major violation against a person or holder to whom the agreement applies.

(4) If a fisheries management agreement establishes conservation, protection or management rules under paragraph (2)(d), those rules are conditions of every licence issued to a holder to whom the agreement applies.

44. (1) The Minister must publish a fisheries management agreement in the manner that the Minister considers appropriate.

(2) The contravention of conservation, protection or management rules established under paragraph 43(2)(d) is not an offence or violation unless, at the date of the contravention, the fisheries management agreement had been published under subsection (1).

(3) An agreement published under subsection (1) may include the names and addresses of the persons and holders to whom the agreement applies.

45. If there is an inconsistency between conservation, protection or management rules established under paragraph 43(2)(d) and a provision of the regulations, or between fees established under paragraph 43(2)(h) and fees fixed under sections 16 to 18, the fisheries management agreement prevails to the extent of the inconsistency.

46. A fisheries management agreement does not limit the Minister’s powers to take any measure that the Minister considers necessary for the conservation or protection of fish or fish habitat, including the power to make a fisheries management order.

Nisga’a Annual Fishing Plan

47. (1) In this section, “fishing plan” means a Nisga’a annual fishing plan, as defined in the Fisheries Chapter of the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act, that is approved, or varied and approved, by the Minister in accordance with that Agreement.

(2) If a fishing plan stipulates that this subsection applies to certain of its provisions relating to persons engaged in fishing, harvesting, sale or related activities, no person shall contravene any of those provisions.

(3) No proceedings may be commenced in respect of an offence for the contravention of subsection (2)

(a) except in accordance with an agreement, made under paragraph 93 of the Fisheries Chapter of the Nisga’a Final Agreement, concerning enforcement of federal laws or Nisga’a laws; or

(b) unless the Minister, or a person appointed to a position in the Department of Fisheries and Oceans who is authorized by the Minister, considers such proceedings to be necessary to ensure compliance with the fishing plan.

Prohibitions

48. (1) No person shall kill fish by any means other than fishing.

(2) No person contravenes subsection (1) by killing fish

(a) in accordance with the regulations;

(b) as authorized by the Minister to do so; or

(c) as a result of doing anything that is authorized, otherwise permitted or required under this Act.

49. No person shall fish in any area to which a lease issued under section 36 applies, or set in such an area any fishing gear or equipment, except by permission of the leaseholder, and no person shall interfere with activities authorized by the lease.

50. No person shall

(a) set or use fishing gear or equipment in such a manner that it obstructs or could obstruct the navigation of boats and vessels; or

(b) without justification, destroy, damage or interfere with fishing gear or equipment that is lawfully set.

51. Unless otherwise authorized by the Minister, one third of the width of any river or stream and two thirds of the width of the main channel at low tide in every tidal stream must be left open, and no fishing gear or equipment or other thing shall be set or left in the waters that are to be left open.

52. (1) No person shall set, use or leave in any waters, whether subject to any exclusive right of fishing existing at law or not, any fishing gear or equipment that unduly obstructs the free passage of fish.

(2) The Minister may order the removal of or remove any fishing gear or equipment that, in the opinion of the Minister, unduly obstructs the free passage of fish.

53. No person shall fish within 25 m upstream or downstream from the upper or lower entrance, respectively, to any fishway, canal, obstruction or leap.

54. (1) No person shall purchase, sell or possess any fish that has been caught and retained in contravention of this Act or the regulations.

(2) Subsection (1) does not apply in respect of fish that has been seized under this Act.

Regulations

55. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Part, including regulations

(a) respecting the proper management or control of fisheries;

(b) respecting the conservation or protection of fish;

(c) respecting the catching, loading, landing, handling, transporting, possession, processing, release or disposition of fish;

(d) prohibiting the selling or buying of fish;

(e) respecting the export or import of fish or the bringing of fish from any province to any other province;

(f) respecting the operation of fishing vessels;

(g) authorizing the killing of fish by means other than fishing;

(h) respecting the use of fishing gear and equipment, including the gear and equipment that may be set or left during a close time, and respecting any conditions relating to fishing gear and equipment;

(i) respecting the marking, identification and tracking of fishing vessels;

(j) respecting the designation of persons as observers and their functions and methods of observation;

(k) prescribing persons who have obligations with respect to observers;

(l) respecting those persons’ obligations with respect to observers, including the obligation to

(i) allow observers to enter fishing vessels or fish landing stations that the persons own or of which the persons have the charge, management or control,

(ii) allow them to monitor fishing and fish landing activities, examine any fishing gear or equipment found there, examine any fish found there and take samples of it, and

(iii) allow them to examine any records, books or other documents, including documents in electronic form, found there, make copies of them or take extracts from them;

(m) prohibiting the doing of any of the following without a licence:

(i) fishing,

(ii) harvesting marine plants, and

(iii) any other activities involving fish or aquatic plants whose prohibition is required for the purposes of this Part;

(n) establishing classes of licences;

(o) prescribing the period during which the applicant for a licence may appeal to the Tribunal under section 32;

(p) establishing the classes of conditions that may be attached to a licence under subsection 33(1), including classes of conditions concerning the proper management or control of fisheries or the conservation or protection of fish or fish habitat;

(q) prescribing classes of licences whose conditions prevail over prescribed provisions of the regulations, and prescribing those provisions, for the purposes of section 34;

(r) respecting the terms of a lease;

(s) if a close time, fishing quota or limit on the size or weight of fish has been fixed in respect of an area under the regulations, authorizing persons engaged in the administration or enforcement of this Act or the regulations to vary the close time, fishing quota or limit in respect of that area or any portion of it;

(t) respecting the entering into of fisheries management agreements, including their ratification; and

(u) respecting the harvesting of marine plants in Canadian waters that are not within a province.

(2) Paragraph (1)(s) is repealed on a day to be fixed by order of the Governor in Council.

PART 2

CONSERVATION AND PROTECTION OF FISH AND FISH HABITAT, AND POLLUTION PREVENTION

Interpretation

56. The following definitions apply in this Part.

“deleterious substance” means

(a) any substance — including water that has been treated, processed or changed by heat or other means from a natural state — that, if added to any waters, would be deleterious, or likely to be deleterious, to fish or fish habitat or to the use by humans of fish that frequent those waters;

(b) any prescribed substance or any substance of a prescribed class of substances;

(c) any water that contains any prescribed substance, or any substance of a prescribed class of substances, in a quantity or concentration that equals or exceeds a quantity or concentration that is prescribed for that substance or class of substances; or

(d) any water that has been subjected to a prescribed treatment, process or change.

“deposit” means any discharging, spraying, releasing, spilling, leaking, seeping, pouring, emitting, emptying, throwing, dumping or placing.

Conservation and Protection of Fish and Fish Habitat

57. (1) If the Minister considers that doing so is necessary to ensure the free passage of fish or the protection of fish or fish habitat, the owner or person who has the charge, management or control of an obstruction or any other thing that is detrimental to fish habitat must, on the Minister’s request and within the period specified by the Minister, conduct studies, analyses, samples and evaluations, and provide the Minister with any document or other information relating to them, to the obstruction or other thing or to the fish or fish habitat that is affected or is likely to be affected by the obstruction or other thing.

(2) If the Minister considers that doing so is necessary to ensure the free passage of fish or the protection of fish or fish habitat, the owner or person who has the charge, management or control of an obstruction or any other thing that is detrimental to fish habitat must, on the Minister’s request, within the period specified by the Minister and in accordance with any specifications of the Minister,

(a) remove the obstruction or thing;

(b) construct a fishway;

(c) implement a system of catching fish before the obstruction or thing, transporting them beyond it and releasing them back into the water;

(d) install a fish stop or a diverter to prevent the destruction of fish or to assist in the free passage of fish;

(e) install a fish guard, a screen, a covering, netting or any other device to prevent the passage of fish into any water intake, ditch, channel or canal;

(f) maintain the flow of water that the Minister considers sufficient to permit the free passage of fish; or

(g) permit the escape, into the water below the obstruction or thing, at all times of the quantity of water that the Minister considers sufficient for the safety of fish or for the flooding of fish habitat to an appropriate depth.

(3) The owner or person referred to in subsection (2) must, with regard to anything mentioned in that subsection, on the Minister’s request

(a) during the thing’s construction, implementation, installation, modification or repair, make any provision that the Minister considers necessary for the free passage of fish or the protection of fish or fish habitat;

(b) operate and maintain the thing in a good and effective condition and in accordance with any specifications of the Minister; and

(c) modify or repair the thing in accordance with any specifications of the Minister.

(4) No person shall

(a) do anything to prevent or unduly obstruct the free passage of fish;

(b) damage or obstruct any fishway, fish stop or diverter constructed or installed on the Minister’s request; or

(c) damage, remove or permit the removal of any fish guard, screen, covering, netting or other device installed on the Minister’s request, unless the removal is required for modification, repair or maintenance.

58. (1) Despite paragraph 57(4)(a), the Minister may authorize the installation and maintenance of fish guards, screens, coverings, netting or other devices in streams to prevent fish held for breeding from escaping or for any other purpose that the Minister considers to be in the public interest.

(2) No person shall damage, remove or authorize the removal of such a fish guard, screen, covering, netting or other device.

59. (1) No person shall carry on any work or undertaking that results in the harmful alteration or disruption, or the destruction, of fish habitat.

(2) No person contravenes subsection (1) if

(a) the alteration, disruption or destruction is authorized by the Minister and is done in accordance with the conditions established by the Minister; or

(b) the work or undertaking is carried on in accordance with the conditions set out in the regulations or with any other authorization issued under this Act.

(3) For the purposes of paragraph (2)(b), a lease issued under section 36 is not an authorization.

Pollution Prevention

60. (1) No person shall

(a) throw overboard ballast, stones or other substances that are detrimental to fish habitat in any waters frequented by fish;

(b) leave or deposit or cause to be left or deposited, on the shore or bank of any water or on the beach between high and low water mark, fish remains or fish offal; or

(c) leave decayed or decaying fish in any net or other fishing gear or equipment.

(2) Subject to subsection (3), no person shall deposit or permit the deposit of a deleterious substance in waters frequented by fish or in any place under any conditions where the delete- rious substance, or any other deleterious substance that results from the deposit of the deleterious substance, might enter such waters.

(3) No person contravenes subsection (2) by depositing or permitting the deposit of, in any waters frequented by fish or place,

(a) waste or pollutant of a type, in a quantity and under conditions authorized by regulations applicable to those waters or that place made by the Governor in Council under any Act other than this Act; or

(b) a deleterious substance of a class, in a quantity or concentration and under conditions authorized by or under regulations applicable to those waters or that place, or to any work or undertaking or class of works or undertakings, made by the Governor in Council under any of paragraphs 63(d) to (i).

(4) A person authorized to deposit a delete- rious substance by or under regulations made under any of paragraphs 63(d) to (i) must, when directed in writing by the Minister, despite any regulations made under paragraph 63(h) or any conditions set out in an authorization made under paragraph 63(i), conduct any sampling, analyses, tests, measurements or monitoring, install or operate any equipment or comply with any procedures, and report any information, that may be required by the Minister in order to determine whether the person is depositing the deleterious substance in the manner authorized.

Works and Undertakings

61. (1) Every person who carries on or proposes to carry on a work or undertaking must, on the Minister’s request, or — in the prescribed circumstances — without request and in the prescribed manner, provide the Minister with the information referred to in subsection (2) if the work or undertaking results or is likely to result in

(a) the alteration or disruption — whether harmful or not — or the destruction of fish habitat; or

(b) the deposit of a deleterious substance as described in subsection 60(2).

(2) The information that is to be provided under subsection (1) is any plans, specifications, studies, descriptions of procedures, results of analyses or of samples, schedules or other information relating to the work or undertaking, or to the place that is or is likely to be affected by the work or undertaking, that will enable the Minister to determine

(a) whether the work or undertaking results or is likely to result in

(i) a harmful alteration or disruption or a destruction of fish habitat that is not authorized under this Part, or

(ii) a deposit of a deleterious substance as described in subsection 60(2) that is not authorized under this Part; and

(b) what measures, if any, would prevent that result or mitigate its effects.

(3) If, after reviewing any information provided under subsection (1) and giving the person who provided it a reasonable opportunity to make representations, the Minister is of the opinion that the person is contravening or is likely to contravene subsection 59(1) or 60(2), then in order to prevent that contravention or to mitigate its effects the Minister may by order, subject to the regulations, do any of the following:

(a) require any modifications or additions to the work or undertaking or to any plans, specifications, procedures or schedules relating to it that the Minister considers necessary in the circumstances;

(b) restrict the operation of the work or undertaking; or

(c) with the approval of the Governor in Council, direct the closure or cessation of the work or undertaking for any period that the Minister considers necessary in the circumstances.

(4) Unless the Minister considers that immediate action is necessary, the Minister must, before making an order under subsection (3), provide a reasonable opportunity for the governments of any provinces that the Minister considers to be interested, and any departments or agencies of the Government of Canada that the Minister considers appropriate, to make representations with respect to the proposed order.

Reports and Corrective Measures

62. (1) Every person must without delay notify an inspector, a fishery officer or a prescribed authority of a harmful alteration or disruption or a destruction of fish habitat that is not authorized under this Part, or of a serious and imminent danger of such an occurrence, if the person at any material time

(a) owns or has the charge, management or control of the work or undertaking that resulted in the alteration, disruption or destruction of fish habitat or the danger of the alteration, disruption or destruction; or

(b) causes or contributes to the occurrence or the danger of the occurrence.

(2) Every person must without delay notify an inspector, a fishery officer or a prescribed authority of a deposit of a deleterious substance as described in subsection 60(2) that is not authorized under this Part, or of a serious and imminent danger of such an occurrence, if the person at any material time

(a) owns or has the charge, management or control of

(i) the deleterious substance, or

(ii) the work or undertaking that resulted in the deposit or the danger of the deposit; or

(b) causes or contributes to the occurrence or the danger of the occurrence.

(3) Any person described in paragraph (1)(a) or (b) or (2)(a) or (b) must, as soon as possible in the circumstances, take all reasonable meas- ures consistent with public safety and with the conservation and protection of fish and fish habitat to prevent the occurrence or to counteract, mitigate or remedy any adverse effects that result from the occurrence or might reasonably be expected to result from it.

(4) As soon as the circumstances allow after the occurrence or after learning of the danger of the occurrence, the person must, subject to the regulations, provide the inspector, fishery officer or prescribed authority with a written report on the occurrence or danger of the occurrence.

(5) If an inspector or fishery officer, whether or not they have been notified under subsection (1) or (2) or provided with a report under subsection (4), is satisfied on reasonable grounds that immediate action is necessary in order to take any measures referred to in subsection (3), the inspector or fishery officer may, subject to subsection (6) and the regulations, take any of those measures at the expense of any person described in paragraph (1)(a) or (b) or (2)(a) or (b) or require such a person to take them at that person’s expense.

(6) Any requirement of an inspector or fishery officer under this section that is inconsistent with any direction of a pollution prevention officer under the Canada Shipping Act, 2001 is void to the extent of the inconsistency.

(7) Subsections (1) to (5) do not apply in respect of any deposit of a deleterious substance that constitutes a discharge — within the meaning of Part 8 or 9 of the Canada Shipping Act, 2001 — caused by or otherwise attributable to a vessel.

Regulations

63. The Governor in Council may make regulations for the conservation and protection of fish and fish habitat and the prevention of the obstruction or pollution of any waters frequented by fish, including regulations

(a) prescribing, for the purposes of the definition “deleterious substance” in section 56,

(i) substances or classes of substances,

(ii) quantities or concentrations of substances or classes of substances in water, and

(iii) treatments, processes and changes in water;

(b) respecting applications to the Minister for the establishment of conditions referred to in paragraph 59(2)(a);

(c) respecting conditions referred to in paragraph 59(2)(b), including prescribing classes of works and undertakings that may be subject to those conditions;

(d) prescribing the deleterious substances or classes of those substances that are authorized to be deposited despite subsection 60(2);

(e) prescribing the waters or places or classes of waters or places where any deleterious substances or classes of those substances referred to in paragraph (d) are authorized to be deposited;

(f) prescribing the works or undertakings or classes of works or undertakings in the course or conduct of which any deleterious substances or classes of those substances referred to in paragraph (d) are authorized to be deposited;

(g) prescribing the quantities or concentrations of any deleterious substances or classes of those substances referred to in paragraph (d) that are authorized to be deposited;

(h) prescribing the conditions under which, and the requirements subject to which, any deleterious substances or classes of those substances referred to in paragraph (d) or any quantities or concentrations of those delete- rious substances or classes of those substances are authorized to be deposited in any waters or places or classes of waters or places referred to in paragraph (e) or in the course or conduct of any works or undertakings or classes of works or undertakings referred to in paragraph (f);

(i) prescribing the persons who may authorize the deposit of any deleterious substances or classes of those substances in the absence of any other authority, and the conditions or circumstances under which and requirements subject to which those persons may grant the authorization;

(j) prescribing the circumstances and manner in which the information set out in subsection 61(2) is to be provided to the Minister without request under subsection 61(1);

(k) prescribing the circumstances and manner in which the Minister may make orders under subsection 61(3) and the terms of the orders;

(l) prescribing authorities for the purposes of subsections 62(1), (2) and (4);

(m) respecting the manner in which the report referred to in subsection 62(4) is to be made, and the information it is to contain;

(n) respecting the manner in which inspectors and fishery officers may take any measures or require measures to be taken under subsection 62(5), and the conditions to which those measures or requirements are subject; and

(o) prescribing the circumstances and manner in which any measures taken or requirement that measures be taken under subsection 62(5) may be reviewed, rescinded or varied.

Civil Liability

64. (1) The persons described in subsection (2) are liable for all costs reasonably incurred by Her Majesty in right of Canada or a province relating to the taking of any measures to prevent either or both of the following occurrences, if there is a serious and imminent danger of such an occurrence, or, if it does actually occur, to counteract, mitigate or remedy any adverse effects that result or might reasonably be expected to result from it:

(a) an alteration, disruption or destruction of fish habitat in contravention of subsection 59(1); and

(b) a deposit of a deleterious substance in contravention of subsection 60(2).

(2) The following persons are liable under subsection (1):

(a) any person who, at the time of the occurrence or the danger of it, owned or had the charge, management or control of

(i) the work or undertaking that resulted in the occurrence or the danger of the occurrence, or

(ii) the deleterious substance; and

(b) any other person who caused or contributed to the occurrence or the danger of the occurrence.

(3) The persons described in paragraph (2)(a) are jointly and severally, or solidarily, liable for the costs referred to in subsection (1), and the persons described in paragraph (2)(b) are liable for those costs only to the extent of their respective degrees of liability in tort or extracontractual civil liability.

(4) All of the costs referred to in subsection (1) are recoverable by Her Majesty in right of Canada or a province with costs in proceedings brought or taken for them in the name of Her Majesty in that right in any court of competent jurisdiction.

(5) Any persons described in subsection (2) who alter, disrupt or destroy fish habitat in contravention of subsection 59(1), or who deposit or permit the deposit of a deleterious substance in contravention of subsection 60(2), are liable for all loss of income incurred by any person as a result of the alteration, disruption or destruction or deposit, or as a result of a prohibition against fishing resulting from it, and all such loss is recoverable with costs in proceedings brought or taken for the loss in any court of competent jurisdiction.

(6) The persons described in paragraph (2)(a) are jointly and severally, or solidarily, liable for the loss of income referred to in subsection (5), and the persons described in paragraph (2)(b) are liable for that loss only to the extent of their respective degrees of liability in tort or extracontractual civil liability.

(7) The liability of any person described in paragraph (2)(a) is absolute and does not depend on proof that they caused or contributed to the occurrence, but such a person is not liable for any costs under subsection (1) or loss of income under subsection (5) if they establish that the occurrence giving rise to the liability was wholly caused by

(a) an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or

(b) an act or omission with intent to cause damage by any other person, other than a person for whose wrongful act or omission they are by law responsible.

(8) Nothing in this section limits or restricts any right of recourse that a person who is liable under this section may have against any other person.

(9) No proceedings may be commenced under subsection (1) or (5) later than five years after the day on which the occurrence to which the proceedings relate could reasonably be expected to have become known to Her Majesty in right of Canada or a province or to the person who has incurred loss of income, as the case may be.

(10) Subsections (1) and (5) do not apply in respect of any deposit of a deleterious substance that constitutes a discharge — within the meaning of Part 8 or 9 of the Canada Shipping Act, 2001 — caused by or otherwise attributable to a vessel.

(11) No civil remedy for any act or omission is suspended or affected by reason only that the act or omission is authorized under this Part, is an offence under this Part or gives rise to civil liability under this Part.

Offences and Punishment

65. Every person who contravenes subsection 59(1) or 60(1) or (2), or who fails to comply with the whole or any part of a requirement of an inspector or a fishery officer under subsection 62(5),

(a) is guilty of an offence punishable on summary conviction and liable

(i) for a first offence, to a fine not exceeding $300,000, and

(ii) for any subsequent offence, to a fine not exceeding $300,000 or to imprisonment for a term not exceeding six months, or to both; or

(b) is guilty of an indictable offence and liable

(i) for a first offence, to a fine not exceeding $1,000,000, and

(ii) for any subsequent offence, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding three years, or to both.

66. (1) Every person commits an offence who contravenes any provision of this Part or of the regulations made under this Part, or

(a) fails to comply with a request of the Minister made under section 57;

(b) in carrying on a work or undertaking, fails to comply with a condition established by the Minister under paragraph 59(2)(a);

(c) fails to provide the Minister with any information requested under subsection 61(1) within a reasonable time after the request is made;

(d) fails to provide any information in accordance with the regulations in the prescribed circumstances and the prescribed manner referred to in subsection 61(1);

(e) carries on any work or undertaking described in subsection 61(1)

(i) otherwise than in accordance with any material or information relating to the work or undertaking that the person provides the Minister with under that subsection, or

(ii) in contravention of an order of the Minister made under subsection 61(3);

(f) fails to notify an inspector, a fishery officer or a prescribed authority without delay under subsection 62(1) or (2);

(g) fails to take the measures required under subsection 62(3); or

(h) fails to provide an inspector, a fishery officer or a prescribed authority with a written report under subsection 62(4).

(2) Every person who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding $200,000, and, for any subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

67. For the purpose of any proceeding in respect of an offence under section 65 or 66,

(a) a harmful alteration or disruption or a destruction of fish habitat takes place whether or not any act or omission resulting in the alteration, disruption or destruction is intentional; and

(b) a deposit takes place whether or not any act or omission resulting in the deposit is intentional.

Report to Parliament

68. (1) The Minister must, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each house of Parliament a report on the administration and enforcement of the provisions of this Part and the regulations made under this Part in that fiscal year.

(2) The report must include a statistical summary of convictions under sections 65 and 66 for that year.

PART 3

AQUATIC INVASIVE SPECIES

69. (1) No person shall export, import or transport any member of a prescribed aquatic invasive species.

(2) No person shall release into waters frequented by fish or permit to be released into waters frequented by fish any member of a prescribed aquatic invasive species.

(3) No person contravenes subsection (1) or (2) if the action in question is done in conformity with the regulations.

70. The Minister may, subject to the regulations, destroy or authorize any person to destroy, in accordance with any conditions imposed by the Minister, any member of

(a) a prescribed aquatic invasive species; or

(b) any other species that the Minister considers to be an aquatic invasive species as defined in the regulations.

71. The Governor in Council may make regulations for the conservation or protection of fish or fish habitat, including

(a) regulations defining “aquatic invasive species” for the purposes of this Act;

(b) regulations prescribing aquatic invasive species for the purposes of section 69 and paragraph 70(a); and

(c) regulations for controlling aquatic invasive species, which in turn include regulations

(i) preventing the spread of such species,

(ii) respecting the export of members of such species, their import and their transport,

(iii) respecting the release into waters frequented by fish of members of such species,

(iv) respecting the destruction of members of such species under section 70,

(v) respecting the handling of members of such species, or

(vi) respecting any conditions that the Minister may impose on a person authorized to destroy a member of such a species under section 70.

72. Every person who contravenes any provision of this Part or of the regulations made under this Part, or fails to comply with a condition imposed on them by the Minister under section 70, is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding $200,000, and, for any subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

PART 4

ADMINISTRATION AND ENFORCEMENT

Fishery Officers, Fishery Guardians, Inspectors, Analysts and Certification Officers

73. (1) The Minister may designate any individuals or class of individuals as fishery officers, fishery guardians or inspectors for the purposes of this Act or the regulations, and may restrict in any manner that the Minister considers appropriate the powers that a fishery officer, fishery guardian or inspector may exercise under this or any other Act of Parliament.

(2) On entering any place or vehicle under this Act, a fishery officer, fishery guardian or inspector must, on request, show the person in possession or control of the place or vehicle a certificate of designation, in the form approved by the Minister, setting out any restrictions on the powers that the officer, guardian or inspector may exercise under this or any other Act of Parliament.

(3) Any document appearing to be a certificate referred to in subsection (2) is, in the absence of evidence to the contrary, presumed to be authentic and is evidence in all courts and in all proceedings of the facts stated in it.

74. The powers and protections that a fishery officer or fishery guardian has under this or any other Act of Parliament, including the powers and protections of a peace officer under the Criminal Code, apply to a fishery officer or fishery guardian enforcing Nisga’a laws made under the Fisheries Chapter of the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act.

75. Every power that may be exercised in Canada by a fishery officer, fishery guardian or inspector under this Act, as well as by a person accompanying the officer, guardian or inspector, may be exercised anywhere this Act applies.

76. (1) The Minister may designate any individuals or class of individuals as analysts.

(2) Subject to subsections (3) and (4), a certificate purporting to be signed by an analyst stating that the analyst has analysed or tested a substance or product, and stating the result of the analysis or test, is, in the absence of evidence to the contrary, presumed to be authentic and is evidence of the facts stated in it in any prosecution for an offence referred to in section 65, 66 or 72.

(3) The party against whom an analyst’s certificate is produced may, with the court’s permission, require the analyst’s attendance for cross-examination.

(4) No certificate may be admitted in evidence under subsection (2) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.

77. (1) The Minister may designate any individuals or class of individuals as certification officers.

(2) Subject to subsections (3) and (4), a certificate purporting to be signed by a certification officer verifying the accuracy of an instrument used by a fishery officer or fishery guardian for conducting any tests or analyses or taking any measurements is, in the absence of evidence to the contrary, presumed to be authentic and is evidence of the statements contained in it in any prosecution for an offence or proceeding for a violation under this Act.

(3) The party against whom a certification officer’s certificate is produced may, with the court’s permission, require the certification officer’s attendance for cross-examination.

(4) No certificate may be admitted in evidence under subsection (2) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.

Inspection

78. (1) For any purpose relating to the administration or enforcement of this Act or the regulations, a fishery officer or fishery guardian and any person accompanying the officer or guardian may, at any reasonable time but subject to section 79, enter and inspect any place, including any vehicle, in which the officer or guardian believes on reasonable grounds that

(a) there is any fish, aquatic plant or other thing in respect of which this Act or the regulations apply, including any member of an aquatic invasive species;

(b) any activity in respect of which this Act or the regulations apply has been carried on, is being carried on or is likely to be carried on; or

(c) any work or undertaking in respect of which this Act or the regulations apply has been carried on, is being carried on or is likely to be carried on.

(2) For any purpose relating to the administration or enforcement of this Act or the regulations, an inspector and any person accompanying the inspector may, at any reasonable time but subject to section 79,

(a) enter any place to inspect anything that the inspector believes on reasonable grounds to be an obstruction, or to be any other thing that is detrimental to fish habitat;

(b) enter any place to inspect any fishway that was constructed under subsection 57(2), and inspect any fish stop, diverter, fish guard, screen, covering, netting or other device that was installed under subsection 57(2) or section 58;

(c) enter and inspect any place, including any vehicle, in which the inspector believes on reasonable grounds that there has been carried on, is being carried on or is likely to be carried on any work or undertaking resulting or likely to result in

(i) the alteration, disruption or destruction of fish habitat, or

(ii) the deposit of a deleterious substance referred to in subsection 60(2); and

(d) enter and inspect any place, including any vehicle, in which the inspector believes on reasonable grounds that there is a member of an aquatic invasive species.

(3) In carrying out the inspection, the fishery officer, fishery guardian or inspector, and any person accompanying the officer, guardian or inspector, may do any of the following for any purpose relating to the administration or enforcement of this Act or the regulations, if they have reasonable grounds for doing so:

(a) open anything found in the place;

(b) examine any fish or aquatic plant found in the place and take samples of it;

(c) examine any other substance, product or thing found in the place and take samples of it;

(d) conduct any tests or analyses or take any measurements;

(e) examine any records, books or other documents found in the place, including documents in electronic form, make copies of them or take extracts from them;

(f) use or cause to be used any copying equipment at the place to make copies of those records, books or other documents and remove the copies for examination;

(g) take photographs and make video recordings and sketches;

(h) use or cause to be used any computer system or data processing system at the place to examine any data contained in or available to the system; and

(i) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output and remove the printout or other output for examination or copying.

(4) A fishery officer, fishery guardian or inspector, and any person accompanying the officer, guardian or inspector, may, at any reasonable time but subject to section 79, enter and inspect any place, including any vehicle, in which the officer, guardian or inspector believes on reasonable grounds that there are any records, books or other documents, including documents in electronic form, concerning anything referred to in paragraphs (1)(a) to (c), in the case of a fishery officer or fishery guardian, or paragraphs (2)(a) to (d), in the case of an inspector, and subsection (3) applies to the inspection.

(5) For the purposes of carrying out an inspection, a fishery officer, fishery guardian or inspector may require any vehicle to be stopped, may require it to be moved to a place where an inspection can be carried out and may detain it for a reasonable time. The operator of the vehicle must comply with the requirements.

(6) A fishery officer, fishery guardian or inspector may dispose of a sample taken under paragraph (3)(b) or (c) in any manner that the inspector, officer or guardian considers appropriate.

79. (1) A fishery officer, fishery guardian or inspector may not enter a dwelling-place under section 78 except with the consent of the occupant or under a warrant issued under subsection (2).

(2) A justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing a fishery officer, fishery guardian or inspector to enter a dwelling-place at any reasonable time, subject to any conditions that the warrant specifies, and authorizing any other person named in the warrant to accompany the officer, guardian or inspector and exercise any power that the warrant specifies, if on ex parte application the justice is satisfied by information on oath that

(a) the dwelling-place is a place described in section 78;

(b) entry to the dwelling-place is necessary for any purpose relating to the administration or enforcement of this Act or the regulations; and

(c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused.

80. The owner or person who is in possession or control of a place that is inspected under section 78, and every person found in the place, must

(a) give the fishery officer, fishery guardian or inspector, and every person accompanying the officer, guardian or inspector, all reasonable assistance to enable them to carry out the inspection and exercise any power conferred by that section; and

(b) provide them with any information rel- evant to the administration or enforcement of this Act or the regulations that the officer, guardian or inspector reasonably requires.