Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Fisheries Act and other Acts in consequence”.

This enactment amends the Fisheries Act to, among other things,

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

analyst means a person who is designated under subsection Insertion start 56.‍1 Insertion end (1) to perform the functions of an analyst; (analyste)

fish habitat means Insertion start water frequented by fish Insertion end and any other areas on which fish depend directly or indirectly to carry out their life processes, including spawning grounds and nursery, rearing, food supply and migration areas; (habitat)

fishery Insertion start with respect to any fish Insertion end , includes, 

• Start of inserted block

  (a) any of its species, populations, assemblages and stocks, whether the fish is fished or not,

• (b) any place where fishing may be carried on,

• (c) any period during which fishing may be carried on,

• (d) any method of fishing used, and

• (e) any type of fishing gear or equipment or fishing vessel used; (pêche)

  End of inserted block

autochtone Insertion start Se dit, à l’égard de Insertion end la pêche pratiquée par une organisation autochtone ou ses membres, Insertion start de celle pratiquée Insertion end à des fins de consommation personnelle, à des fins sociales ou cérémoniales ou à des fins prévues dans un accord sur des revendications territoriales conclu avec l’organisation autochtone.‍ ( Insertion start Indigenous Insertion end )

pêche S’entend de l’action de capturer ou de tenter de capturer du poisson par tout moyen et, en outre, notamment des espèces, populations, assemblages et stocks de poissons pêchés ou non, du lieu ou de la période où il est permis de pêcher ou de la méthode ou des types d’engins, d’équipements ou de bateaux de pêche utilisés. (fishery et fishing)

Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982; (corps dirigeant autochtone)

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982; (peuples autochtones du Canada)

laws includes the by-laws made by an Indigenous governing body; (lois)

Indigenous, in relation to a fishery, means that fish is harvested by an Indigenous organization or any of its members for the purpose of using the fish as food, for social or ceremonial purposes or for purposes set out in a land claims agreement entered into with the Indigenous organization; (autochtone)

Purpose

Purpose of Act

2.‍1 The purpose of this Act is to provide a framework for

• (a) the proper management and control of fisheries; and

• (b) the conservation and protection of fish and fish habitat, including by preventing pollution.

  End of inserted block

Territorial Application

Application

2.‍2 (1) This Act applies in Canada, and also to

• (a) Canadian fisheries waters; and

• (b) with respect to a sedentary species, any portion of the continental shelf of Canada that is beyond the limits of Canadian fisheries waters.

  End of inserted block

Definition of sedentary species

(2) For the purpose of paragraph (1)‍(b), sedentary species means any organism that, at the harvestable stage, either is immobile on or under the seabed or is unable to move except by remaining in constant physical contact with the seabed or subsoil.

Indigenous Peoples of Canada

Rights of Indigenous peoples of Canada

2.‍3 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Duty of Minister

2.‍4 When making a decision under this Act, the Minister shall consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.

Considerations

Considerations for decision making

2.‍5 Except as otherwise provided in this Act, when making a decision under this Act, the Minister may consider, among other things,

• (a) the application of a precautionary approach and an ecosystem approach;

• (b) the sustainability of fisheries;

• (c) scientific information;

• (d) traditional knowledge of the Indigenous peoples of Canada that has been provided to the Minister;

• (e) community knowledge;

• (f) cooperation with any government of a province, any Indigenous governing body and any body — including a co-management body — established under a land claims agreement;

• (g) social, economic and cultural factors in the management of fisheries;

• (h) the preservation or promotion of the independence of licence holders in commercial inshore fisheries; and

• (i) the intersection of sex and gender with other identity factors.

  End of inserted block

Advisory Panels

Minister may establish advisory panels

4.‍01 (1) The Minister may, in order to carry out the purpose of this Act, establish advisory panels and provide for their membership, functions and operation.

Remuneration of members

(2) Members of an advisory 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 advisory panel’s meetings.

Expenses

(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.

Minister may enter into agreements

4.‍1 (1) The Minister may enter into an agreement with any Insertion start government of a Insertion end province, Insertion start any Indigenous governing body and any body — including a co-management body — established under a land claims agreement Insertion end , to further the Insertion start purpose Insertion end of this Act, including an agreement with respect to one or more of the following:

• (h) the circumstances and manner in which the Insertion start government of the Insertion end province Insertion start or the Indigenous governing body Insertion end is to provide information on the administration and enforcement of a provision of Insertion start the laws of the province or the Indigenous governing body Insertion end that the agreement provides is equivalent in effect to a provision of the regulations.

Agreements to be published

(4)  Insertion start Subject to subsections (5) to (8) Insertion end , the Minister shall publish an agreement in the manner that he or she considers appropriate.

Publication of negotiated agreement

(5) Before any agreement that is negotiated for the purposes of section 4.‍2 is entered into, the Minister shall publish the agreement, or give notice of its availability, in Part I of the Canada Gazette and in any other manner that he or she considers appropriate.

Comments

(6) Within 60 days after the publication of an agreement or the giving of notice of its availability, any person may file comments with the Minister.

Publication by Minister of results

(7) After the end of the 60-day period, the Minister shall publish in Part I of the Canada Gazette and in any other manner that he or she considers appropriate a report that summarizes how any comments were dealt with or a notice of the availability of that report.

Publication of final agreements

(8) The Minister shall publish any final agreement, or give notice of its availability, in Part I of the Canada Gazette and in any other manner that he or she considers appropriate.

Declaration of equivalent provisions

4.‍2 (1) If an agreement entered into under section 4.‍1 provides that there is in force a provision Insertion start of Insertion end the laws of the province Insertion start or the Indigenous governing body Insertion end that is equivalent in effect to a provision of the regulations, the Governor in Council may, by order, declare that certain provisions of this Act or of the regulations do not apply in the province Insertion start or the territory governed by the Indigenous governing body, as the case may be Insertion end , with respect to the subject matter of the provision Insertion start of Insertion end the laws of the province Insertion start or the Indigenous governing body Insertion end .

Non-application of provisions

(2) Except with respect to Her Majesty in right of Canada, the provisions of this Act or of the regulations that are set out in the order do not apply within Insertion start the Insertion end province Insertion start or the territory governed by the Indigenous governing body, as the case may be Insertion end , with respect to the subject matter of the provision Insertion start of Insertion end the laws of the province Insertion start or the Indigenous governing body Insertion end .

Revocation

(3) The Governor in Council may revoke the order if the Governor in Council is satisfied that the provision Insertion start of Insertion end the laws of the province Insertion start or the Indigenous governing body, as the case may be Insertion end , is no longer equivalent in effect to the provision of the regulations or is not being adequately administered or enforced.

Notice

(4) The Governor in Council may revoke the order only if the Minister has given notice of the proposed revocation to the Insertion start government of the Insertion end province Insertion start or to the Indigenous governing body, as the case may be Insertion end .

Exercise of powers

5.‍1 Every power that may be exercised in Canada by a fishery officer or fishery guardian under this Act may be exercised anywhere this Act applies.

Fish Stocks

Factors — measures respecting fish stocks

6.‍1 In the management of fisheries, if the Minister is of the opinion that a fish stock that has declined to its limit reference point or that is below that point would be impacted, he or she shall take into account

• (a) whether there are measures in place that are aimed at rebuilding the stock; and

• (b) if he or she is of the opinion that the loss or degradation of that stock’s fish habitat has contributed to the stock’s decline, whether there are measures in place aimed at restoring that fish habitat.

  End of inserted block

Baux, permis et licences de pêche

7 (1) En l’absence d’exclusivité du droit de pêche conférée par la loi, le ministre peut, à discrétion, Insertion start délivrer Insertion end des baux et permis de pêche ainsi que des licences d’exploitation de Insertion start pêches Insertion end  — ou en permettre Insertion start la délivrance Insertion end  —, indépendamment du lieu de l’exploitation ou de l’activité de pêche.

Default of payment of fine

(1.‍1) The Minister may refuse to issue a lease or licence for fisheries or fishing to a person, if, among other things, they are in default of payment of a fine in relation to a contravention of the Act and the proceeds of the fine belong to Her Majesty in Right of Canada or of a province or to any other person or entity.

Restriction

(2) Except as otherwise provided in this Act Insertion start or regulations made under it Insertion end , leases or licences for any term Insertion start of more than Insertion end nine years shall be issued only under the authority of the Governor in Council.

Fees

8  Insertion start (1) Insertion end  Except Insertion start if Insertion end fees are prescribed in this Act, the Governor in Council may, Insertion start by regulation and on the recommendation of the Minister Insertion end , prescribe the fees that are to be charged for fishery or fishing licences Insertion start and for fishing quotas Insertion end .

Periodic adjustment

(2) For greater certainty, the regulations made under subsection (1) may provide for periodic adjustment of the fees referred to in that subsection.

Suspension or cancellation

9  Insertion start (1) Insertion end Insertion start   Insertion end Insertion start Subject to subsection (2) Insertion end , the Minister may suspend or cancel any lease or licence issued under the authority of this Act, if

• (a)  Insertion start he or she determines Insertion end that Insertion start any provision Insertion end of that lease or licence was not complied with;

• Start of inserted block

  (b) he or she determines that the lease or licence holder has, with respect to the lease or licence, entered into an agreement that contravenes any provision of this Act or of the regulations; or

• (c) the lease or licence holder is in default of payment of a fine in relation to a contravention of this Act and the proceeds of the fine belong to Her Majesty in right of Canada or of a province or to any other person or entity.

  End of inserted block

Restriction

(2) The Minister may suspend or cancel a lease or licence under paragraph (1)‍(a) or (b) only if no proceedings under this Act have been commenced with respect to the non-compliance or contravention referred to in those paragraphs, as the case may be.

Fisheries Management Orders

Powers of Minister

9.‍1 (1) The Minister may, if he or she is of the opinion that prompt measures are required to address a threat to the proper management and control of fisheries and the conservation and protection of fish, make a fisheries management order with respect to any aspect of fisheries in any area of Canadian fisheries waters specified in the order

• (a) prohibiting fishing of one or more species, populations, assemblages or stocks of fish;

• (b) prohibiting any type of fishing gear or equipment or fishing vessel from being used;

• (c) limiting the fishing of any specified size, weight or quantity of any species, populations, assemblages or stocks of fish; and

• (d) imposing any requirements with respect to fishing.

  End of inserted block

Conditions

(2) The Minister may impose any conditions that he or she considers appropriate in the order.

Application of order

(3) The fisheries management order may provide that it applies only to

• (a) a particular class of persons, including

  • (i) persons who fish using a particular method or a particular type of gear or equipment, and

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

• (b) holders of a particular class of licence.

  End of inserted block

Duty to comply

9.‍2 Every person or holder to whom a fisheries management order applies shall comply with it.

Duration

9.‍3 (1) A fisheries management order issued under section 9.‍1 shall be in effect for the term specified in the order, which shall not exceed 45 days from the day on which the order is issued.

Renewal of order

(2) If the Minister is of the opinion that prompt measures continue to be required to address the threat referred to in subsection 9.‍1(1), he or she may renew the order for a term that does not exceed 45 days from the day on which it is issued.

Amendment of order

9.‍4 (1) The Minister may amend a fisheries management order, other than its term, if he or she is of the opinion that the measures specified in the order are inadequate to address the threat referred to in subsection 9.‍1(1).

Revocation of order

(2) If the Minister is of the opinion that the measures specified in the order are no longer necessary to address the threat or if the threat no longer exists, he or she may revoke the order.

Notice

9.‍5 (1) Notice of a fisheries management order shall be given to the persons or holders to whom it applies, in the prescribed manner or, if there is no prescribed manner, using a method provided under section 7 of the Fishery (General) Regulations, with any necessary modifications.

If notice not given

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

Inconsistency

9.‍6 If there is an inconsistency between a fisheries management order and any regulations made under this Act, orders issued under those regulations or conditions of any lease or licence issued under this Act, the fisheries management order prevails to the extent of the inconsistency.

Statutory Instruments Act

9.‍7 Orders made under section 9.‍1 are not statutory instruments for the purposes of the Statutory Instruments Act.

Fees

Fees for services or use of facilities

11 (1) The Minister may fix, by regulation, the fees to be paid for a service or the use of a facility provided under this Act by him or her, the Department of Fisheries and Oceans or any board or agency of the Government of Canada for which he or she has responsibility.

Amount not to exceed cost

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

Fees for products or cost recovery

12 (1) The Minister may fix, by regulation, fees in respect of the products provided or the recovery, in whole or in part, of costs that are incurred in relation to the administration of this Act by him or her, the Department of Fisheries and Oceans or any board or agency of the Government of Canada for which he or she has responsibility.

Amount not to exceed cost

(2) Fees in respect of the product or recovery of costs that are fixed under subsection (1) shall not exceed the cost to Her Majesty in right of Canada of providing the product or recovering of costs.

Fees for rights and privileges

13 Subject to section 8, the Minister may fix, by regulation, fees payable in respect of a conferral, by means of a permit or authorization, of a right or privilege provided under this Act.

Fees for providing regulatory processes

14 (1) The Minister may fix, by regulation, fees in respect of the provision of regulatory processes under this Act by him or her, the Department of Fisheries and Oceans or any board or agency of the Government of Canada for which he or she has responsibility.

Amount

(2) Fees that are fixed under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable expenses incurred by Her Majesty for the purpose of providing regulatory processes under this Act.

Periodic adjustment

15 Regulations made under any of sections 11 to 14 may provide for the periodic adjustment of the fees referred to in those sections.

Proceeds of fees — provinces

16 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.

Prevention of the Escape of Fish

Défense de pêcher dans les zones louées à d’autres

23 Il est interdit de pêcher ou de tuer du poisson dans les eaux, sur la grève ou dans une Insertion start pêche Insertion end mentionnées dans un bail ou une licence, ou d’y mouiller ou utiliser quelque engin ou appareil de pêche, sans la permission de l’occupant selon le bail ou la licence alors en vigueur; il est également interdit de troubler ou d’endommager pareille Insertion start pêche Insertion end .

Taking cetaceans into captivity

23.‍1 (1) Subject to subsection (2), no one shall fish for a cetacean with the intent to take it into captivity.

Exception

(2) The Minister may, subject to any conditions that he or she may specify, authorize a person to fish for a cetacean with the intent to take it into captivity if he or she is of the opinion that the circumstances so require, including when the cetacean is injured or in distress or is in need of care.

Seines, nets, etc.‍, not to obstruct navigation

24 Seines, nets or other fishing apparatus shall not be set or used in such Insertion start a Insertion end manner or in such Insertion start a Insertion end place Insertion start that they or any equipment that is attached to any of them Insertion end obstructs the navigation of boats and vessels and no boats or vessels shall destroy or wantonly injure in any way seines, nets or other fishing apparatus lawfully set Insertion start or used or any equipment that is attached to any of them Insertion end .

Installation d’engins de pêche en période d’interdiction

25 (1) Sous réserve des règlements, il est interdit de placer des engins ou appareils de pêche dans les eaux, sur la grève ou dans une Insertion start pêche Insertion end durant une période d’interdiction.

Enlèvement des engins de pêche

(2) Sous réserve des règlements et du paragraphe (3), les personnes qui placent des engins ou appareils de pêche dans les eaux, sur la grève ou dans une Insertion start pêche Insertion end sont tenues de les enlever dès qu’elles ont cessé de s’en servir et au plus tard avant le début de la période d’interdiction.

Obstructing passage of fish or waters

29 (1) No person shall, Insertion start for the purpose of fishing, place Insertion end , erect, use or maintain any seine, net, weir or other fishing Insertion start gear or apparatus, or any log, rock or material of any kind Insertion end that

Removal

(2) The Minister or a fishery officer may order the removal of or remove any seine, net, weir or other fishing Insertion start gear or apparatus, or any log, rock or material of any kind Insertion end that, in the opinion of the Minister or fishery officer, results in an obstruction referred to in paragraph (1)‍(a) or (b).

Insertion start Fish and Fish Habitat Insertion end Protection and Pollution Prevention

Definitions

34 (1)  Insertion start The following definitions apply in this section and Insertion end sections Insertion start 34.‍1 Insertion end to Insertion start 42.‍5 Insertion end .

designated project means a project that is designated by regulations made under paragraph 43(1)‍(i.‍5) or that belongs to a class of projects that is designated by those regulations and that consists of works, undertakings or activities, including any works, undertakings or activities that the Minister designates to be associated with the project; (projet désigné)

ecologically significant area means an area designated by regulations made under subsection 35.‍2(2); (zone d’importance écologique)

Application — Designated project

(3) Any provision of this Act that applies to works, undertakings or activities applies to the works, undertakings or activities of a designated project other than works, undertakings or activities that are referred to in any of paragraphs 34.‍4(2)‍(a) to (c), (e) and (g) and 35(2)‍(a) to (c), (e) and (g).

Factors

34.‍1 (1) Before recommending to the Governor in Council that a regulation be made in respect of section 34.‍4, 35 or 35.‍1 or under subsection 35.‍2(10), 36(5) or (5.‍1), paragraph 43(1)‍(b.‍2) or subsection 43(5) or before exercising any power under subsection 34.‍3(2) or (3), paragraph 34.‍4(2)‍(b) or (c), subsection 34.‍4(4), paragraph 35(2)‍(b) or (c) or subsection 35(4), 35.‍1(2), 35.‍2(7) or 36(5.‍2), or under subsection 37(2) with regard to an offence under subsection 40(1), the Minister, prescribed person or prescribed entity, as the case may be, shall consider the following factors:

• (a) the contribution to the productivity of relevant fisheries by the fish or fish habitat that is likely to be affected;

• (b) fisheries management objectives;

• (c) whether there are measures and standards

  • (i) to avoid the death of fish or to mitigate the extent of their death or offset their death, or

  • (ii) to avoid, mitigate or offset the harmful alteration, disruption or destruction of fish habitat;

• (d) the cumulative effects of the carrying on of the work, undertaking or activity referred to in a recommendation or an exercise of power, in combination with other works, undertakings or activities that have been or are being carried on, on fish and fish habitat;

• (e) any fish habitat banks, as defined in section 42.‍01, that may be affected;

• (f) whether any measures and standards to offset the harmful alteration, disruption or destruction of fish habitat give priority to the restoration of degraded fish habitat;

• (g) traditional knowledge of the Indigenous peoples of Canada that has been provided to the Minister; and

• (h) any other factor that the Minister considers relevant.

  End of inserted block

Application of subsection (1)

(2) The obligation to consider the factors set out in subsection (1) applies only to the recommendations and powers that continue to be made or exercised by the Minister after an order is made under subsection 43.‍2(1) that sets out the powers, duties or functions that the designated minister may exercise or perform.

Standards and codes of practice

34.‍2 (1) The Minister may establish standards and codes of practice for

• (a) the avoidance of death to fish and harmful alteration, disruption or destruction of fish habitat;

• (b) the conservation and protection of fish or fish habitat; and

• (c) the prevention of pollution.

  End of inserted block

Content

(2) The standards and codes of practice may specify procedures, practices or standards in relation to works, undertakings and activities during any phase of their construction, operation, modification, decommissioning or abandonment.

Consultation

(3) Before establishing any standards and codes of practice, the Minister may consult with any provincial government, any Indigenous governing body, any government department or agency or any persons interested in the protection of fish or fish habitat and the prevention of pollution.

Publication

(4) The Minister shall publish any standards and codes of practice established under this section, or give notice of them, in the Canada Gazette and he or she may also do so in any other manner that he or she considers appropriate.

Studies, etc.‍ — management or control of obstruction

34.‍3 (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 or fish habitat shall, on the Minister’s request and within the period specified by him or her, conduct studies, analyses, samplings and evaluations, and provide the Minister with any document and other information relating to them, to the obstruction or thing or to the fish or fish habitat that is or is likely to be affected by the obstruction or thing.

Minister’s order

(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 or fish habitat shall, on the Minister’s order, within the period specified by him or her and in accordance with any of his or her specifications,

• (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;

• (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, in accordance with the characteristics of the water and water flow as may be specified by him or her, for the conservation and protection of the fish and fish habitat, including

  • (i) the water temperature, and

  • (ii) the physical characteristics and chemical composition of the water.

    End of inserted block

Modification, repair and maintenance

(3) On the Minister’s order, the owner or person referred to in subsection (2) shall

• (a) make any provision that the Minister considers necessary for the free passage of fish or the protection of fish or fish habitat during the carrying on of any activity mentioned in that subsection;

• (b) operate and maintain anything referred to in that subsection in a good and effective condition and in accordance with any specifications of the Minister; and

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

  End of inserted block

Obstruction of free passage of fish

(4) No person shall

• (a) damage or obstruct any fishway constructed or used to enable fish to pass over or around any obstruction;

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

• (c) stop, impede or hinder fish from entering or passing through any fishway, or stop, impede or hinder fish from surmounting any obstruction or leap;

• (d) damage, remove or authorize the removal of any fish guard, screen, covering, netting or other device installed on the Minister’s order; or

• (e) fish in any manner within 23 m downstream from the lower entrance to any fishway, obstruction or leap.

  End of inserted block

Exception — removal for repairs

(5) Despite paragraph (4)‍(d), a person may remove or authorize the removal of any fish guard, screen, covering, netting or other device installed on the Minister’s order if the removal is required for modification, repair or maintenance.

Statutory Instruments Act

(6) Orders made under this section are not statutory instruments for the purposes of the Statutory Instruments Act.

Death of fish

34.‍4 (1) No person shall carry on any work, undertaking or activity, other than fishing, that results in the death of fish.

Exception

(2) A person may carry on a work, undertaking or activity without contravening subsection (1) if

• (a) the work, undertaking or activity is a prescribed work, undertaking or activity or belongs to a prescribed class of works, undertakings or activities, as the case may be, or is carried on in or around prescribed Canadian fisheries waters, and the work, undertaking or activity is carried on in accordance with the prescribed conditions;

• (b) the carrying on of the work, undertaking or activity is authorized by the Minister and the work, undertaking or activity is carried on in accordance with the conditions established by him or her;

• (c) the carrying on of the work, undertaking or activity is authorized by a prescribed person or prescribed entity and the work, undertaking or activity is carried on in accordance with the conditions set out in the authorization;

• (d) the death results from the doing of anything that is authorized, otherwise permitted or required under this Act;

• (e) the work, undertaking or activity is carried on in accordance with the regulations;

• (f) the work, undertaking or activity is carried on in accordance with a permit issued under subsection 35.‍1(2), in the case of a designated project; or

• (g) the work, undertaking or activity is a prescribed work, undertaking or activity under paragraph 35.‍2(10)‍(a) or belongs to a prescribed class of works, undertakings or activities under that paragraph, as the case may be, and carried on in an ecologically significant area in accordance with an authorization issued under subsection 35.‍2(7).

  End of inserted block

Other conditions

(3) The prescribed person or prescribed entity referred to in paragraph (2)‍(c) may, in addition to the prescribed classes of conditions impose, subject to the regulations, any other conditions that they consider appropriate in the circumstances.

Regulations

(4) The Minister may, for the purposes of paragraph (2)‍(a) and subject to paragraph 43(1)‍(i.‍1), make regulations prescribing anything that is authorized to be prescribed.

Amendment, suspension or cancellation — paragraph (2)‍(b)

(5) The Minister may amend, suspend or cancel an authorization issued under paragraph (2)‍(b).

Amendment, suspension or cancellation — paragraph (2)‍(c)

(6) A prescribed person or prescribed entity referred to in paragraph (2)‍(c) may amend, suspend or cancel an authorization issued under that paragraph.

Harmful alteration, disruption or destruction of fish habitat

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

• (a) the work, undertaking or activity is a prescribed work, undertaking or activity Insertion start or belongs to a prescribed class of works, undertakings or activities, as the case may be Insertion end , or is carried on in or around prescribed Canadian fisheries waters, and the work, undertaking or activity is carried on in accordance with the prescribed conditions;

• (c) the carrying on of the work, undertaking or activity is authorized by a prescribed person or prescribed entity and the work, undertaking or activity is carried on in accordance with Insertion start the conditions set out in the authorization Insertion end ;

• (d) the Insertion start harmful alteration, disruption Insertion end or Insertion start destruction Insertion end results Insertion start from the Insertion end doing Insertion start of Insertion end anything that is authorized, otherwise permitted or required under this Act;

• Start of inserted block

  (f) the work, undertaking or activity is carried on in accordance with a permit issued under subsection 35.‍1(2), in the case of a designated project; or

• (g) the work, undertaking or activity is a prescribed work, undertaking or activity under paragraph 35.‍2(10)‍(a) or belongs to a prescribed class of works, undertakings or activities under that paragraph, as the case may be, and is carried on in an ecologically significant area in accordance with an authorization issued under subsection 35.‍2(7).

  End of inserted block

Other conditions

(3) The prescribed person or prescribed entity referred to in paragraph (2)‍(c) may, in addition to the prescribed classes of conditions impose, subject to the regulations, any other conditions that they consider appropriate in the circumstances.

Regulations

(4) The Minister may, for the purposes of paragraph (2)‍(a) Insertion start and subject to paragraph 43(1)‍(i.‍1) Insertion end , make regulations prescribing anything that is authorized to be prescribed.

Amendment, suspension or cancellation — paragraph (2)‍(b)

(5) The Minister may amend, suspend or cancel an authorization issued under paragraph (2)‍(b).

Amendment, suspension or cancellation — paragraph (2)‍(c)

(6) A prescribed person or prescribed entity referred to in paragraph (2)‍(c) may amend, suspend or cancel an authorization issued under that paragraph.

Designated project

35.‍1 (1) No person shall carry on any work, undertaking or activity that is part of a designated project except in accordance with a permit issued under subsection (2).

Issuance of permit

(2) The Minister may issue a permit to carry on any work, undertaking or activity that is part of a designated project and attach any conditions to it.

Amendment, suspension or cancellation

(3) The Minister may amend, suspend or cancel a permit issued under subsection (2).

Associated works, undertakings or activities

(4) The Minister may designate any work, undertaking or activity as a work, undertaking or activity that is associated with a designated project.

Ecologically significant area

35.‍2 (1) No person shall carry on a work, undertaking or activity prescribed under paragraph (10)‍(a) or that belongs to a prescribed class under that paragraph, in an ecologically significant area except in accordance with an authorization issued under subsection (7).

Designation — ecologically significant area

(2) The Governor in Council may, on the recommendation of the Minister, make regulations designating ecologically significant areas.

Requirement to provide information

(3) Any person who proposes to carry on a work, undertaking or activity referred to in subsection (1) in an ecologically significant area shall provide the Minister with any document and other information that is required by regulation in respect of the prescribed work, undertaking or activity, or the water, place, fish or fish habitat that is likely to be affected by the prescribed work, undertaking or activity.

Request for additional information

(4) Regulations made for the purpose of subsection (3) do not prevent the Minister from requesting additional information that he or she considers necessary in the circumstances.

Compliance with request

(5) Every person who is required to provide any additional information must provide it within the time and in the manner that the Minister specifies.

Extension of time

(6) The Minister may, on request in writing from any person who is required to provide any additional information, extend the specified time.

Powers of Minister

(7) If the Minister is satisfied, after having reviewed any document and other information provided under subsection (3) or (4), that avoidance and mitigation measures may be implemented to achieve the prescribed objectives for the conservation and protection of fish and fish habitat, he or she may authorize, subject to the regulations made under subsection (10), the carrying on of the work, undertaking or activity referred to in subsection (1) in an ecologically significant area, on any conditions that he or she considers appropriate.

Amendment, suspension or cancellation — authorization

(8) The Minister may amend, suspend or cancel an authorization issued under subsection (7).

Fish habitat restoration plan

(9) The Minister shall, as soon as feasible, prepare a fish habitat restoration plan for an ecologically significant area, if he or she is of the opinion that fish habitat restoration in that ecologically significant area is required in order to meet any prescribed objectives for the conservation and protection of fish and fish habitat.

Regulations

(10) The Governor in Council may, on the Minister’s recommendation, make regulations

• (a) prescribing works, undertakings or activities or classes of works, undertakings or activities, for the purposes of this section;

• (b) respecting any document or other information that is required to be provided under subsection (3), including the manner in which and the time within which it is to be provided;

• (c) respecting the objectives for the conservation and protection of fish and fish habitat in an ecologically significant area;

• (d) prescribing works, undertakings or activities or classes of works, undertakings or activities that the Minister shall not authorize under paragraphs 34.‍4(2)‍(b) and 35(2)‍(b) to be carried on in an ecologically significant area;

• (e) prescribing conditions under which and requirements subject to which the Minister may issue an authorization under subsection (7);

• (f) respecting the manner and circumstances relating to the amendment, suspension or cancellation of an authorization referred to in subsection (7); and

• (g) respecting the process by which a person may request an amendment, suspension or cancellation of an authorization under subsection (7).

  End of inserted block

Minister may require plans and specifications

37 (1) If a person carries on or proposes to carry on any work, undertaking or activity that results or is likely to result in t Insertion start he death Insertion end of fish, Insertion start in Insertion end the Insertion start harmful alteration, disruption Insertion end or Insertion start destruction Insertion end of fish habitat or in the deposit of a deleterious substance in water frequented by fish or in any place under any conditions where that deleterious substance or any other deleterious substance that results from the deposit of that deleterious substance may enter any such waters, the person shall, on the request of the Minister — or without request in the manner and circumstances prescribed by regulations made under paragraph (3)‍(a) — provide Insertion start him or her Insertion end with any Insertion start documents Insertion end  — plans, specifications, studies, procedures, schedules, analyses, samples, evaluations — and Insertion start any Insertion end other information relating to the work, undertaking or activity, or to the water, place, Insertion start fish Insertion end or fish habitat that is or is likely to be affected by the work, undertaking or activity, that will enable the Minister to determine

• (a) whether the work, undertaking or activity results or is likely to result in Insertion start the death of Insertion end fish that constitutes or would constitute an offence under subsection 40(1) and what measures, if any, would prevent that Insertion start death Insertion end or mitigate Insertion start the extent of death Insertion end ;

• Start of inserted block

  (a.‍1) whether the work, undertaking or activity results or is likely to result in the harmful alteration, disruption or destruction of fish habitat that constitutes or would constitute an offence under subsection 40(1) and what measures, if any, would prevent that result or mitigate its effects; or

  End of inserted block

• b) si l’ouvrage, l’entreprise ou l’activité Insertion start entraîne ou entraînera vraisemblablement Insertion end l’immersion ou le rejet d’une substance en contravention avec l’article 36 et quelles sont les mesures éventuelles à prendre pour prévenir ou Insertion start atténuer Insertion end les dommages Insertion start qui en découlent Insertion end .

Powers of Minister

(2) If, after reviewing any Insertion start document and other Insertion end information provided under subsection (1) and affording the persons who provided it a reasonable opportunity to make representations, the Minister is of the opinion that an offence under subsection 40(1) or (2) is being or is likely to be committed, Insertion start he or she Insertion end may, by order, subject to regulations made under paragraph (3)‍(b),

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

The Minister may Insertion start personally Insertion end direct the closing of the work or undertaking or the ending of the activity for any period that Insertion start he or she Insertion end considers necessary in the circumstances.

• (a) prescribing the manner and circumstances in which any Insertion start document Insertion end or Insertion start other Insertion end information Insertion start is to Insertion end be provided to the Minister without request under subsection (1); and

• (b) prescribing the manner and circumstances in which the Minister may make orders under subsection (2) and the terms of the orders.

Consultation

(4)  Insertion start If Insertion end the Minister proposes to make an order Insertion start under Insertion end subsection (2), he Insertion start or she Insertion end shall offer to consult with the governments of any provinces that he Insertion start or she Insertion end considers to be interested in the proposed order and with any departments or agencies of the Government of Canada that he Insertion start or she Insertion end considers appropriate.

Exception

(5) Nothing in subsection (4) prevents the Minister from making an interim order Insertion start under Insertion end subsection (2) without the offer of consultation referred to in subsection (4) Insertion start if Insertion end he or she considers that immediate action is necessary.

Statutory Instruments Act

(6) Orders made under this section are not statutory instruments for the purposes of the Statutory Instruments Act.

Power to designate

38 (1) The Minister may designate persons or classes of persons as inspectors for the purposes of the administration and enforcement of this Act Insertion start and may limit in any manner he or she considers appropriate the powers that an inspector may exercise under this Act Insertion end .

• (i)  Insertion start the death of Insertion end fish,

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  (i.‍1) the harmful alteration, disruption or destruction of fish habitat, or

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Duty to notify — serious harm to fish

(4) Every person shall without delay notify an inspector, a fishery officer, Insertion start a fishery guardian Insertion end or Insertion start an Insertion end authority prescribed by the regulations of an occurrence that results in serious harm to fish that are part of a commercial, recreational or Insertion start Indigenous Insertion end fishery, or to fish that support such a fishery, that is not authorized under this Act, or of a serious and imminent danger of such an occurrence, if the person at any material time

Duty to notify — death of fish

(4) Every person shall without delay notify an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations of the death of fish that is not authorized under this Act, or of a serious and imminent danger of such occurrence, if the person at any material time

• a) la personne qui est responsable, à titre de propriétaire ou autrement, de l’ouvrage, de l’entreprise ou de l’activité à l’origine Insertion start de l’évènement effectif ou fort probable et imminent Insertion end ;

• b) celle qui est à l’origine Insertion start de l’évènement effectif ou fort probable et imminent Insertion end , ou y contribue.

Duty to notify — harmful alteration, disruption or destruction of fish habitat

(4.‍1) Every person shall without delay notify an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations of a harmful alteration, disruption or destruction of fish habitat that is not authorized under this Act, 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, undertaking or activity that resulted in the occurrence or the danger of the occurrence; or

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

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Duty to notify — deleterious substance

(5) If there occurs a deposit of a deleterious substance in water frequented by fish that is not authorized under this Act, or if there is a serious and imminent danger of such an occurrence, and detriment to fish habitat or fish or to the use by humans of fish results or may reasonably be expected to result from the occurrence, then every person shall without delay notify an inspector, a fishery officer, Insertion start a fishery guardian Insertion end or Insertion start an Insertion end authority prescribed by the regulations if the person at any material time

Duty to take corrective measures

(6) Any person described in paragraph (4)‍(a) or (b), Insertion start (4.‍1)‍(a) or (b) Insertion end or (5)‍(a) or (b) shall, as soon as feasible, take all reasonable measures 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.

Report

(7) As soon as feasible after the occurrence or after learning of the danger of the occurrence, the person shall provide an inspector, Insertion start a Insertion end fishery officer, Insertion start a fishery guardian Insertion end or Insertion start an Insertion end authority prescribed by the regulations with a written report on the occurrence or danger of the occurrence.

Corrective measures

(7.‍1) If an inspector or fishery officer, whether or not they have been notified under subsection (4), Insertion start (4.‍1) Insertion end or (5) or provided with a report under subsection (7), is satisfied on reasonable grounds that immediate action is necessary in order to take any measures referred to in subsection (6), the inspector or officer may, subject to subsection (7.‍2), take any of those measures at the expense of any person described in paragraph (4)‍(a) or (b), Insertion start (4.‍1)‍(a) or (b) Insertion end or (5)‍(a) or (b) or direct Insertion start that Insertion end person to take Insertion start the measures Insertion end at Insertion start their Insertion end expense.

• (a) the authority for the purposes of subsection (4), Insertion start (4.‍1) Insertion end or (5), the manner in which the notification under those subsections is to be made, the information to be contained in the notification and the circumstances in which no notification need be made;

Exercise of powers

39.‍1 Every power that may be exercised in Canada by an inspector under this Act may be exercised anywhere this Act applies.

Offence and punishment

40 (1) Every person who contravenes subsection Insertion start 34.‍4(1) or Insertion end 35(1) is guilty of an offence and liable

• (a) in carrying on a work, undertaking or activity, fails to comply with a prescribed condition referred to in paragraph Insertion start 34.‍4(2)‍(a) Insertion end or 35(2)‍(a), with a condition set out in an authorization Insertion start or a permit, as the case may be, issued under Insertion end paragraph Insertion start 34.‍4(2)‍(b) or (c) Insertion end or 35(2)‍(b) Insertion start or (c) or subsection 35.‍1(2) or 35.‍2(7), Insertion end or Insertion start with a condition imposed by regulations made under subsection 36(5) or (5.‍2) Insertion end ,

• (a.‍1) fails to provide any Insertion start document Insertion end or Insertion start other Insertion end information as requested by the Minister under subsection 37(1) within a reasonable time after the request is made,

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  (a.‍2) fails to provide any document or other information required to be provided under subsection 35.‍2(3) within the prescribed period,

• (a.‍3) fails to provide any additional information that is required to be provided under subsection 35.‍2(4) within the time and in the manner that the Minister specifies,

  End of inserted block

• (c) fails to provide notification that he or she is required to provide under subsection 38 (4), Insertion start (4.‍1) Insertion end or (5),

• (d) carries on any work, undertaking or activity described in subsection 37(1)

  • (i) otherwise than in accordance with any Insertion start document and other Insertion end information relating to the work, undertaking or activity that Insertion start they Insertion end provide to the Minister under Insertion start that Insertion end subsection,

  • (ii) otherwise than in accordance with any such Insertion start document and other Insertion end information as required to be modified by any order of the Minister under paragraph 37(2)‍(a), or

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  (d.‍1) carries on any work, undertaking or activity described in subsection 35.‍2(3) otherwise than in accordance with any document and other information relating to the work, undertaking or activity that they provide to the Minister under that subsection or subsection 35.‍2(4),

  End of inserted block

• (h) fails to comply with a request of the Minister made under Insertion start subsection 34.‍3(1) or an order of the Minister made under subsection 34.‍3(2) or (3) Insertion end ,

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  (i) fails to comply with all or any part of a direction of a fishery officer or fishery guardian with respect to the application of any regulations made under paragraph 43(1)‍(o),

  End of inserted block

• Start of inserted block

  (j) carries on any work, undertaking or activity that is a part of a designated project in contravention of subsection 35.‍1(1), or

• (k) carries on, in contravention of subsection 35.‍2(1), any work, undertaking or activity prescribed under paragraph 35.‍2(10)‍(a),

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Matters of proof

(5) For the purpose of any proceedings for an offence under Insertion start any of Insertion end Insertion start subsections (1) Insertion end , (2) Insertion start and Insertion end (3),

• Start of inserted block

  (a) the death of fish takes place whether or not any act or omission resulting in the death is intentional;

• (a.‍1) a harmful alteration, disruption or destruction of fish habitat takes place whether or not an act or omission resulting in the alteration, disruption or destruction is intentional;

  End of inserted block

• Insertion start (a.‍2) Insertion end  a deposit as defined in subsection 34(1) takes place whether or not any act or omission resulting in the deposit is intentional; and

Definitions

42.‍01 The following definitions apply in this section and sections 42.‍02 to 42.‍04.

conservation project means a work, undertaking or activity that is carried on by a proponent for the purpose of creating, restoring or enhancing fish habitat within a service area in order to acquire habitat credits. (projet de conservation)

fish habitat bank means an area of a fish habitat that has been created, restored or enhanced by the carrying on of one or more conservation projects within a service area and in respect of which area the Minister has certified any habitat credit under paragraph 42.‍02(1)‍(b).‍ (réserve d’habitats)

habitat credit means a unit of measure that is agreed to between any proponent and the Minister under section 42.‍02 that quantifies the benefits of a conservation project. (crédit d’habitat)

proponent means a person who proposes the carrying on of a conservation project and any other work, undertaking or activity within a proposed service area.‍ (promoteur)

service area means the geographical area that encompasses a fish habitat bank and one or more conservation projects and within which area a proponent carries on a work, undertaking or activity. (zone de service)

Arrangements respecting fish habitat banks

42.‍02 (1) For the purposes of sections 42.‍01 to 42.‍04, the Minister may

• (a) establish a system for the creation, allocation and management of a proponent’s habitat credits in relation to a conservation project; and

• (b) issue a certificate to the proponent respecting the validity of any habitat credit acquired from the carrying on of a conservation project.

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Arrangements

(2) In exercising the powers referred to in subsection (1), the Minister may enter into arrangements with any proponent.

Contents

(3) An arrangement referred to in subsection (2) shall include, among other things,

• (a) any document and other information that describes the proposed fish habitat bank, conservation project and service area;

• (b) a written confirmation that the Department of Fisheries and Oceans and anyone authorized to act on the Department’s behalf is authorized to access the site of the conservation project for the term of the arrangement;

• (c) a description of the administration, management and general operation of the arrangement by the parties, including

  • (i) a procedure for proposing a conservation project and an approval process,

  • (ii) a habitat credit certification process,

  • (iii) a process for habitat credit evaluation and any re-evaluation that may be required by the Minister,

  • (iv) habitat credit accounting procedures respecting the habitat credit ledger,

  • (v) progress reports on the conservation project, and

  • (vi) any other relevant matters respecting the administration of the arrangement;

• (d) reports on the performance of the arrangement;

• (e) the form and manner in which the arrangement may be amended;

• (f) the date on which the arrangement comes into force; and

• (g) the signatures of the parties.

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Use of habitat credit within service area

42.‍03 A proponent may only use their certified habitat credits in respect of a fish habitat bank within a service area to offset the adverse effects on fish or fish habitat from the carrying on of a work, undertaking or activity authorized or permitted to be carried on in that service area.

Regulations

42.‍04 The Governor in Council may make regulations

• (a) respecting the establishment of a system for the creation, allocation and management of habitat credits referred to in paragraph 42.‍02(1)‍(a);

• (b) respecting the issuance of a certificate of validity of any habitat credit referred to in paragraph 42.‍02(1)‍(b); and

• (c) respecting an arrangement with any proponent.

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Annual report

42.‍1 (1) The Minister shall, as soon as feasible 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 Act relating to Insertion start fish and fish habitat Insertion end protection and pollution prevention for that year.

Public registry

42.‍2 The Minister shall establish a public registry for the purpose of facilitating access to records relating to matters under any of sections 34 to 42.‍1.

Contents of registry — obligatory

42.‍3 (1) The Minister shall publish the following records in the registry:

• (a) any agreements referred to in section 4.‍1 that are entered into by him or her and that establish the circumstances and manner referred to in paragraph 4.‍1(2)‍(h);

• (b) any standards and codes of practice established by him or her under section 34.‍2;

• (c) any orders made by him or her under sections 34.‍3 and 37;

• (d) any authorizations given under paragraphs 34.‍4(2)‍(b) and (c) and 35(2)‍(b) and (c) and subsection 35.‍2(7);

• (e) any permits issued by him or her under section 35.‍1; and

• (f) any fish habitat restoration plan prepared under subsection 35.‍2(9).

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Contents of registry — optional

(2) The Minister may publish in the registry, other records that he or she considers appropriate for the purpose set out in section 42.‍2, including

• (a) any agreements referred to in section 4.‍1 and subsection 4.‍4(3);

• (b) any arrangements referred to in subsection 4.‍4(3) and section 42.‍02;

• (c) any proposed regulations;

• (d) any reports submitted under any regulations made under this Act;

• (e) any guidelines; and

• (f) any policy.

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Request of designated minister

(3) The Minister may, on the request of any other minister designated under section 43.‍2, publish any records in the registry that the designated minister considers appropriate for the purpose set out in section 42.‍2.

Types of records in registry

(4) Despite subsections (1) to (3), the registry shall contain only records or any part of those records

• (a) that are publicly available; or

• (b) that the Minister determines would be disclosed to the public in accordance with the Access to Information Act if a request were made in respect of that record under that Act, including any record that would be disclosed in the public interest under subsection 20(6) of that Act.

  End of inserted block

Form, manner and access — registry

42.‍4 The Minister may determine the form of the registry, how it is to be kept and how access to it is to be provided.

Protection from civil proceeding or prosecution

42.‍5 Despite any other Act of Parliament, civil or criminal proceedings shall not be brought against Her Majesty in right of Canada, the Minister and any person acting on behalf of or under the direction of the Minister for the full or partial disclosure of any record through the registry made in good faith or for any consequences of its disclosure.

• (a)  Insertion start respecting Insertion end the proper management and control of the seacoast and inland fisheries, Insertion start including for social, economic or cultural purposes Insertion end ;

• Start of inserted block

  (b.‍1) respecting the rebuilding of fish stocks;

• (b.‍2) respecting the restoration of fish habitat;

  End of inserted block

• Start of inserted block

  (d.‍1) respecting the circumstances when the holder of a licence or the operator named in the licence is required to personally carry on the activity authorized by the licence and the exceptions to that requirement;

  End of inserted block

• (f) respecting the Insertion start issuance Insertion end , suspension and cancellation of licences and leases, Insertion start including Insertion end

  • Start of inserted block

    (i) if the lease or licence holder or the applicant for that lease or licence is a party to an agreement in respect of the lease or licence that contravenes any provision of this Act or of the regulations, or

  • (ii) if the applicant for the lease or licence is a corporation;

    End of inserted block

• Start of inserted block

  (g.‍01) respecting the use and control of the rights and privileges under a lease or licence issued under this Act, including the prohibition on the transfer of the use and control of those rights and privileges except under prescribed conditions;

• (g.‍02) in the case of a licence issued to an organization, respecting the designation of persons who may fish and the fishing vessels that may be used under the licence and any other matter relating to designations, including the method of designation and who may designate those persons and vessels;

  End of inserted block

• (i) respecting the conservation and protection of Insertion start fish habitat Insertion end ;

• (i.‍1) for the purposes of Insertion start paragraphs 34.‍4(2)‍(a) and Insertion end 35(2)‍(a), prescribing anything that is authorized to be prescribed Insertion start under those paragraphs Insertion end ;

• Start of inserted block

  (i.‍11) respecting the process relating to the issuance of the authorizations referred to in paragraph 34.‍4(2)‍(b) or (c) or 35(2)‍(b) or (c) or the permits referred to in subsection 35.‍1(2);

  End of inserted block

• (i.‍2)  Insertion start prescribing the documents or other information that are to be provided Insertion end for Insertion start the obtaining of Insertion end the authorizations referred to in paragraph Insertion start 34.‍4(2)‍(b) or (c) or Insertion end 35(2)‍(b) or (c) Insertion start or the permits referred to in subsection 35.‍1(2), or for the amendment, suspension or cancellation of those authorizations or permits Insertion end ;

• Start of inserted block

  (i.‍21) prescribing persons or entities who may authorize the carrying on of works, undertakings or activities under paragraphs 34.‍4(2)‍(c) and 35(2)‍(c) and respecting the requirements that these persons or entities may be subject to;

  End of inserted block

• (i.‍3) prescribing the conditions and requirements Insertion start under Insertion end which Insertion start a person Insertion end or Insertion start entity Insertion end referred to in paragraph Insertion start 34.‍4(2)‍(c) or Insertion end 35(2)‍(c) may Insertion start issue Insertion end the authorization;

• Start of inserted block

  (i.‍31) with respect to an authorization issued under 34.‍4(2)‍(c) or 35(2)‍(c), prescribing the classes of conditions that the prescribed person or entity

  • (i) shall include in the authorization,

  • (ii) may include in it, or

  • (iii) shall not include in it;

    End of inserted block

• (i.‍4) respecting time limits for issuing authorizations referred to in paragraph Insertion start 34.‍4(2)‍(b) or (c) or Insertion end 35(2)‍(b) or (c) Insertion start or for issuing permits under subsection 35.‍1(2) Insertion end , or for refusing to do so;

• Start of inserted block

  (i.‍5) for the purposes of the definition designated project in subsection 34(1), designating projects or classes of projects that may result in the death of fish or the harmful alteration, disruption or destruction of fish habitat;

• (i.‍6) respecting the time, manner and circumstances in which the Minister may amend, suspend or cancel an authorization referred to in subsection 34.‍4(5) or 35(5), or a permit referred to in subsection 35.‍1(3), as the case may be;

• (i.‍7) respecting the time, manner and circumstances in which the prescribed person or prescribed entity may amend, suspend or cancel an authorization referred to in subsection 34.‍4(6) or 35(6);

• (i.‍8) respecting the process by which a person may request an amendment, suspension or cancellation of an authorization under subsection 34.‍4(5) or (6) or 35(5) or (6), or a permit under subsection 35.‍1(3), as the case may be;

  End of inserted block

• (j) respecting the Insertion start import or Insertion end export of fish;

• Start of inserted block

  (j.‍1) prescribing the circumstances in which the traditional knowledge of the Indigenous peoples of Canada that is provided to the Minister under this Act in confidence may be disclosed without written consent;

  End of inserted block

• (m)  Insertion start if Insertion end a close time, fishing quota or limit on the size or weight of fish Insertion start or fishing gear or equipment Insertion end has been fixed in respect of an area under the regulations, authorizing persons referred to in paragraph (l) to vary the close time, fishing quota or limit Insertion start or fishing gear or equipment Insertion end in respect of that area or any portion of that area;

• Start of inserted block

  (n.‍1) defining aquatic invasive species for the purposes of the regulations;

  End of inserted block

• (o) respecting the Insertion start management and Insertion end control of aquatic invasive species, including regulations

  • (i) respecting the prevention of the Insertion start introduction and Insertion end spread of Insertion start those Insertion end species,

• Start of inserted block

  (v) respecting the treatment and destruction of members of those species,

• (vi) respecting the eradication of those species in a specified geographical area,

• (vii) respecting the powers of a fishery officer and fishery guardian to manage and control those species,

• (viii) authorizing a fishery officer and fishery guardian to exercise their powers with respect to a species that the officer or guardian, as the case may be, has reasonable grounds to believe is an aquatic invasive species, or

  End of inserted block

• Insertion start (ix) Insertion end  requiring any person to keep any record, book or other document containing any information relevant to the control of Insertion start those Insertion end species, and respecting where, how and how long Insertion start it is Insertion end to be kept; and

Regulations exempting certain Canadian fisheries waters

(5) The Governor in Council may make regulations exempting any Canadian fisheries waters from the application of sections Insertion start 34.‍3, 34.‍4 Insertion end and 35 and Insertion start subsections Insertion end 38(4) Insertion start and (4.‍1) Insertion end .

Regulations — Minister

43.‍3 (1) The Minister may, for the purposes of the conservation and protection of marine biodiversity and with respect to any area of Canadian fisheries waters that he or she specifies, make regulations

• (a) prohibiting fishing of one or more species, populations, assemblages or stocks of fish;

• (b) prohibiting any type of fishing gear or equipment from being used;

• (c) prohibiting any type of fishing vessel from being used;

• (d) prescribing classes of persons in respect of whom the prohibitions set out in paragraphs (a) to (c) apply; and

• (e) prescribing types of fishing vessels in respect of which the prohibitions set out in paragraphs (a) and (b) apply.

  End of inserted block

Inconsistency

(2) If there is an inconsistency between regulations made by the Minister under subsection (1) and any regulations made by the Governor in Council under this Act, any orders issued under any regulations made by the Governor in Council under this Act or any conditions of any lease or licence issued under this Act, the regulations made by the Minister prevail to the extent of the inconsistency.

Compliance with Terms and Conditions

Compliance with terms and conditions of licences, etc.

43.‍4 (1) Every person acting under the authority of a permission referred to in section 4 or a lease or licence, whether issued under this Act or provincial legislation, shall comply with any terms and conditions of the permission, lease or licence that are imposed under the authority of this Act.

Statutory Instruments Act

(2) The permissions referred to in section 4 and the leases and licences issued under this Act — including their terms and conditions — are not statutory instruments for the purposes of the Statutory Instruments Act.

Offence and punishment

(3) Every person who contravenes subsection (1)

• (a) is guilty of an indictable offence and liable to a fine of not more than $500,000; or

• (b) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $100,000.

  End of inserted block

Prohibition of harvesting of marine plants in certain cases

44 Except in accordance with the conditions of a licence issued by the Minister under section 45, no person shall harvest marine plants in the coastal waters of Canada in contravention of any regulation made Insertion start under Insertion end paragraph 46 Insertion start (1) Insertion end (a).

Periodic adjustment

(2) For greater certainty, regulations made under paragraph (1)‍(d) may provide for periodic adjustment of the fees referred to in that paragraph.

Saving

48 Nothing in sections 44 to 47 shall be construed as preventing traditional harvesting of marine plants by Insertion start Indigenous persons Insertion end for their use as food.

Stopping and detaining vessel or vehicle

(4) A fishery officer or fishery guardian may, for the purpose referred to in subsection (1), require any vessel or vehicle to be stopped, require it to be moved to a place where an inspection can be carried out and detain it for a reasonable time. The operator of the vessel or vehicle shall comply with the requirements.

Contestations

53 L’agent local des pêches règle les différends portant sur les limites de Insertion start pêche Insertion end ou sur des réclamations relatives à des stations de pêche, ou sur la position et l’usage de filets et autres engins de pêche.

Distance entre les pêches

54 Les agents des pêches peuvent fixer la distance devant séparer les Insertion start pêches Insertion end ; ils enlèvent sur-le-champ tous engins de pêche ou matériaux que le propriétaire néglige ou refuse d’enlever, lequel se rend coupable d’infraction à la présente loi et responsable des frais d’enlèvement et des dommages qui peuvent en résulter.

Analysts

Analyst

56.‍1 (1) The Minister may designate persons or classes of persons as analysts for the purposes of the administration and enforcement of this Act.

Certificate of analyst as proof

(2) Subject to subsections (3) and (4), a certificate purporting to be signed by an analyst 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 under this Act, if it contains

• (a) a statement that the analyst has tested or analyzed a substance, product or fish, and the results of the analysis or test; or

• (b) a statement that the analyst has verified the accuracy of the instruments used by a fishery officer, fishery guardian or inspector to conduct any tests or analyses or to take any measurements.

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Attendance of analyst

(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.

Notice

(4) No certificate may be admitted in evidence 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.

• b)  Insertion start celles Insertion end qui, en vue de la revente, achètent du poisson;

• Start of inserted block

  (d) any person who imports fish into Canada or exports fish from Canada;

• (e) any person who trades in or barters fish; and

  End of inserted block

• Insertion start (f) Insertion end  any agent or employee of a person referred to in paragraphs (a) to Insertion start (e) Insertion end .

Duty to keep records — legally caught fish

(3.‍1) For the purpose of enabling the Minister to verify if fish exported from Canada has been legally caught, a person referred to in subsection (1) shall also keep any relevant records, books of account and other documents for a minimum period of five years from the day on which the person engaged in any of the activities referred to in that subsection.

Information required by the Minister

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

Exception — traditional knowledge of Indigenous peoples

(2) The Minister shall not require any traditional knowledge of the Indigenous peoples of Canada to be provided to him or her by any person under subsection (1).

Other recipient

(3) The Minister may, in accordance with an agreement entered into under section 4.‍1, require the person to submit the document and other information to the entity that is a party to that agreement.

Conditions respecting access to information

(4) Subsection (3) does not apply unless the agreement sets out conditions respecting access by the entity that is a party to that agreement to all or part of the document and other information that the person is required to submit.

Compliance

(5) Every person who is required to provide any document and other information shall provide it within the time and in the manner that the Minister specifies.

Extension of time

(6) The Minister may, on request in writing from any person who is required to provide any document and other information, extend the specified time.

Preservation of information

(7) The Minister may require the person to keep the required document and other information, together with any calculations, measurements and other data on which they are 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 shall not exceed five years from the day on which the Minister makes the requirement under subsection (1).

Inconsistency with regulations

(8) If there is an inconsistency between any requirements made by the Minister under this section and any provision of the regulations made under paragraphs 43(1)‍(g.‍1) and (g.‍2), the requirements prevail to the extent of the inconsistency.

Traditional Knowledge of the Indigenous Peoples of Canada

Confidentiality

61.‍2 (1) Any traditional knowledge of the Indigenous peoples of Canada that is provided to the Minister under this Act in confidence is confidential and shall not knowingly be, or be permitted to be, disclosed without written consent.

Exception

(2) Despite subsection (1), the traditional knowledge referred to in that subsection may be disclosed if

• (a) it is publicly available;

• (b) the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or

• (c) the disclosure is authorized in the circumstances set out in the regulations made under paragraph 43(1)‍(j.‍1).

  End of inserted block

Further disclosure

(3) The Minister may impose conditions with respect to the disclosure of traditional knowledge by any person to whom it is disclosed under paragraph (2)‍(b) for the purposes of procedural fairness and natural justice.

Duty to comply

(4) The person referred to in subsection (3) shall comply with any conditions imposed by the Minister under that subsection.

Protection from civil proceeding or prosecution

(5) Despite any other Act of Parliament, civil or criminal proceedings shall not be brought against Her Majesty in right of Canada, the Minister and any person acting on behalf of or under the direction of the Minister for the full or partial disclosure of the traditional knowledge referred to in subsection (1) made in good faith under this Act or for any consequences of the disclosure.

Order to extend detention

(4) A court may, by order, permit the fish or other thing seized or Insertion start any proceeds realized from its disposition Insertion end to be detained for any further period that may be specified in the order Insertion start if Insertion end the Minister Insertion start makes a request to that effect before the end Insertion end of the period Insertion start of Insertion end detention Insertion start in question and the Insertion end court is satisfied Insertion start that the order Insertion end is justified in the circumstances.

Continued detention not required

71.‍01 (1) If a fishery officer is of the opinion that the continued detention of the fish or thing seized under this Act is no longer required for the purpose of any investigation or any proceeding, the fishery officer may apply to a court for an order under subsection (2).

Order of forfeiture

(2) The court may, on application by a fishery officer under subsection (1), order that the fish or thing be forfeited to Her Majesty to be disposed of as the Minister directs if the court is satisfied,

• (a) that the possession of the fish or thing was unlawful at the time of seizure; or

• (b) if the thing seized is fishing gear or equipment,

  • (i) that it was found in Canadian fisheries waters or in any portion of the continental shelf of Canada that is beyond the limits of Canadian fisheries waters,

  • (ii) that there are reasonable grounds to believe that the fishing gear or equipment is foreign or that it was placed there by a foreign fishing vessel, as defined in subsection 2(1) of the Coastal Fisheries Protection Act, and

  • (iii) that there is no lease, licence nor other authorization under this Act for their use in those waters or in any portion of that continental shelf of Canada, as the case may be.

    End of inserted block

Notice of application

(3) The court may, before making an order under subsection (2), require that notice of the application be sent to the following persons, as the case may be:

• (a) the person from whom the fish or thing was seized, if known;

• (b) the person who appears to be the owner of the fishing gear or equipment, if applicable; or

• (c) any other person whom the court designates as a person who has an interest in the application.

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Appearance before court

(4) The court shall provide any person to whom notice is sent an opportunity to appear before the court and establish that he or she is lawfully entitled to the possession of the fish or thing.

Forfeiture or return

(5) After the hearing, the court may, as the court considers appropriate in the circumstances, order the forfeiture of the fish or thing under subsection (2) or their return.

Forfeiture of fish — other cases

(3)  Insertion start If Insertion end a person is charged with an offence under this Act that relates to fish seized Insertion start under Insertion end paragraph 51(a) and the person is acquitted Insertion start or discharged absolutely or conditionally, or the court orders a stay of the proceedings Insertion end but it is proved that the fish was caught, Insertion start possessed, sold, purchased, traded, bartered, imported or exported Insertion end in contravention of this Act or the regulations, the court may order that the fish, or any proceeds realized from its disposition, be forfeited to Her Majesty.

Application by person claiming interest

75 (1)  Insertion start Subject to section 71.‍01, if Insertion end any thing other than fish is forfeited to Her Majesty under subsection 72(1) or (4), any person who claims an interest in the thing as owner, mortgagee, lienholder or holder of any like interest, other than a person convicted of the offence that resulted in the forfeiture or a person from whom the thing was seized, may, within 30 days after the forfeiture, apply in writing to a judge for an order Insertion start under Insertion end subsection (4).

• b) prendre les mesures qu’il estime justes pour réparer ou éviter les dommages aux poissons, aux Insertion start pêches Insertion end ou à l’habitat du poisson résultant ou susceptibles de résulter de la perpétration de l’infraction;

Exemption

79.‍61 No person commits an offence under this Act by reason of exercising powers or performing duties and functions related to the administration or enforcement of this Act or the regulations, or by reason of accompanying a person exercising those powers or performing those duties and functions, if, in that exercise or that performance, the person complies with the conditions that the Minister may impose.

Alternative Measures Agreements

Definitions

86.‍1 The following definitions apply in sections 86.‍2 to 86.‍95.

alternative measures means measures in respect of the protection of fisheries, fish or fish habitat or the prevention of pollution, other than judicial proceedings, that are used to deal with a person who is alleged to have committed an offence under this Act.‍ (mesures de rechange)

Attorney General means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which the proceedings are taken, and includes the lawful deputy of either of them.‍ (procureur général)

Use of measures

86.‍2 (1) Alternative measures may be used only if doing so is not inconsistent with the purpose of this Act and the following conditions are met:

• (a) the alleged offence is an offence under this Act, except an offence under section 62 or 63 or any other offence referred to in any regulations made under paragraph 86.‍95(a);

• (b) an information has been laid in respect of the offence;

• (c) the Attorney General, after consulting with the Minister, is satisfied that the measures would be appropriate, having regard to the nature of the offence, the circumstances surrounding its commission and the following factors:

  • (i) the importance of the protection of fisheries, fish or fish habitat or the prevention of pollution,

  • (ii) the alleged offender’s history of compliance with this Act,

  • (iii) whether the offence is a repeated occurrence,

  • (iv) any allegation that information is being or was concealed or other attempts to subvert the purpose and requirements of this Act are being or have been made, and

  • (v) whether any remedial or preventive action has been taken by or on behalf of the alleged offender in relation to the offence;

• (d) the alleged offender has been advised of the right to be represented by counsel;

• (e) the alleged offender accepts responsibility for the act or omission that forms the basis of the offence;

• (f) the alleged offender applies, in accordance with regulations made under section 86.‍95, to participate in the measures;

• (g) the alleged offender and the Attorney General have entered into an alternative measures agreement within 180 days after the day on which the Attorney General provided the alleged offender with initial disclosure of the Crown’s evidence;

• (h) the Attorney General considers that there is sufficient evidence to proceed with the prosecution of the offence; and

• (i) the prosecution of the offence is not barred at law.

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Restriction on use

(2) Alternative measures shall not be used if the alleged offender

• (a) denies participation or involvement in the commission of the alleged offence; or

• (b) expresses the wish to have any charge against them dealt with by the court.

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Admissions not admissible in evidence

(3) No admission, confession or statement accepting responsibility for a given act or omission made by an alleged offender as a condition of being dealt with by alternative measures is admissible in evidence against them in any civil or criminal proceedings.

Dismissal of charge

(4) If alternative measures have been used, the court shall dismiss the charge laid against the alleged offender in respect of that offence if the court is satisfied on a balance of probabilities that the alleged offender has complied with the alternative measures agreement.

No bar to proceedings

(5) The use of alternative measures is not a bar to any proceedings against the alleged offender under this Act.

Laying of information, etc.

(6) This section does not prevent any person from laying an information, obtaining the issue or confirmation of any process, or proceeding with the prosecution of any offence, in accordance with the law.

Sentencing considerations

86.‍3 If an information in respect of an offence of contravening an alternative measures agreement has been laid and proceedings in respect of the alleged offence for which the agreement was entered into have been recommenced, the court imposing a sentence for either offence shall take into account any sentence that has previously been imposed for the other offence.

Nature of measures contained in agreement

86.‍4 (1) An alternative measures agreement may contain any terms and conditions, including

• (a) terms and conditions having any or all of the effects set out in section 79.‍2 or having any of the prescribed effects that the Attorney General, after consulting with the Minister, considers appropriate; and

• (b) terms and conditions relating to the costs of laboratory and field tests, travel and living expenses, costs of scientific analyses and other reasonable costs associated with supervising and verifying compliance with the agreement.

  End of inserted block

Supervisory bodies

(2) Any governmental or non-governmental body may supervise and verify compliance with an alternative measures agreement.

Duration of agreement

86.‍5 An alternative measures agreement comes into force on the day on which it is signed or on any later day that the agreement specifies and continues in force for the period, not exceeding five years, that the agreement specifies.

Filing in court for purpose of public access

86.‍6 (1) The Attorney General shall consult with the Minister before entering into an alternative measures agreement and shall cause the agreement to be filed, subject to subsection (5), as part of the court record of the proceedings to which the public has access, with the court in which the information was laid within 30 days after the day on which the agreement was entered into.

Reports

(2) A report relating to the administration of or compliance with an alternative measures agreement must, immediately after all the terms and conditions of the agreement have been complied with or the charges in respect of which the agreement was entered into have been dismissed, be filed with the court in which the agreement was filed.

Confidential information or material injury

(3) Subject to subsection (4), the following information shall be set out in a schedule to the agreement or to the report:

• (a) trade secrets of any person;

• (b) financial, commercial, scientific or technical information that is confidential information and that is treated consistently in a confidential manner by any person;

• (c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to any person, or could reasonably be expected to prejudice any person’s competitive position; or

• (d) information the disclosure of which could reasonably be expected to interfere with any person’s contractual or other negotiations.

  End of inserted block

Agreement on information to be in schedule

(4) The parties to an alternative measures agreement must agree on which information is information referred to in paragraphs (3)‍(a) to (d).

Schedule confidential

(5) The schedule is confidential and shall not be filed with the court.

Prohibition of disclosure

(6) The Minister shall not disclose any information set out in a schedule except under section 86.‍93 or under the Access to Information Act.

Stay and recommencement of proceedings

86.‍7 Despite section 579 of the Criminal Code,

• (a) the Attorney General shall, on filing the alternative measures agreement, stay the proceedings or apply to the court for an adjournment of the proceedings in respect of the offence alleged to have been committed for a period of not more than one year after the day on which the agreement expires; and

• (b) proceedings stayed under paragraph (a) may be recommenced, without laying a new information or preferring a new indictment, as the case may be, by the Attorney General giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered, but if that notice is not given within one year after the day on which the agreement expires, the proceedings are deemed never to have been commenced.

  End of inserted block

Application to vary agreement

86.‍8 (1) The Attorney General may, on application by the alleged offender and after consulting with the Minister, vary an alternative measures agreement in one or both of the following ways, if the Attorney General considers doing so is appropriate owing to a material change in the circumstances since the agreement was entered into or last varied:

• (a) by making any changes to the agreement or to its terms and conditions; and

• (b) by decreasing the period during which the agreement is to remain in force or relieving the alleged offender, either absolutely or partially or for any period that the Attorney General considers appropriate, of compliance with any term or condition that the agreement specifies.

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Filing of varied agreement

(2) Subject to subsection 86.‍6(5), an agreement that has been varied shall be filed with the court in which the original agreement was filed.

Records

86.‍9 Sections 86.‍91 to 86.‍93 apply only to alleged offenders who have entered into an alternative measures agreement, regardless of the degree of their compliance with its terms and conditions.

Records of police forces and investigative bodies

86.‍91 (1) A record that relates to an offence under this Act that is alleged to have been committed, including the original or a copy of any fingerprints or photographs of the alleged offender, may be kept by any police force or body responsible for, or participating in, the investigation of the offence.

Disclosure by fishery officer, fishery guardian or inspector

(2) A fishery officer, fishery guardian or inspector may disclose to any person any information in a record kept under subsection (1) that it is necessary to disclose in the conduct of the investigation of an offence under this Act.

Disclosure to insurance company

(3) A fishery officer, fishery guardian or inspector may disclose to an insurance company any information in a record kept under subsection (1) that it is necessary to disclose for the purpose of the insurance company’s investigation of a claim arising out of an offence under this Act that is committed or alleged to have been committed by the alleged offender to whom the record relates.

Government records

86.‍92 (1) The Minister, fishery officers, fishery guardians and inspectors and any department or agency of a government in Canada with which the Minister has entered into an agreement under section 86.‍94 may keep records and use information obtained as a result of the use of alternative measures

• (a) for the purposes of an inspection under this Act or an investigation of any offence under this Act;

• (b) in any proceedings under this Act;

• (c) for the purpose of the administration of alternative measures programs; or

• (d) otherwise for the purposes of the administration or enforcement of this Act.

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Supervision and verification of records

(2) Any person who is engaged in supervising and verifying compliance with an alternative measures agreement may

• (a) keep records relating to the supervision and verification; and

• (b) use any information that they obtain as a result of the supervision and verification for any purpose referred to in subsection (1).

  End of inserted block

Disclosure of records

86.‍93 (1) Any record referred to in section 86.‍91 or 86.‍92 may be

• (a) made available to any judge or court for any purpose that relates to proceedings relating to offences under this Act that are committed or alleged to have been committed by the alleged offender to whom the record or information relates;

• (b) made available to any prosecutor, fishery officer, fishery guardian or inspector

  • (i) for the purpose of investigating an offence under this Act that the alleged offender is suspected on reasonable grounds of having committed, or in respect of which the alleged offender has been arrested or charged, or

  • (ii) for any purpose that relates to the administration of the case to which the record relates;

• (c) made available to any employee of a department or agency of a government in Canada, or any agent or mandatary of that department or agency, that is

  • (i) engaged in the administration of alternative measures in respect of the alleged offender, or

  • (ii) preparing a report in respect of the alleged offender under this Act; or

• (d) made available to any other person who is considered, or is within a class of persons that is considered, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if that person gives a written undertaking not to subsequently disclose the information except in accordance with subsection (2) and if the judge is satisfied that the disclosure is

  • (i) in the public interest for research or statistical purposes, or

  • (ii) in the interest of the proper administration of justice.

    End of inserted block

Subsequent disclosure

(2) If a record is made available to a person under subparagraph (1)‍(d)‍(i), the person may subsequently disclose information contained in the record, but shall not disclose it in any form that could reasonably be expected to identify the alleged offender to whom it relates or any other person specified by the judge.

Information and copies

(3) Any person to whom a record is authorized to be made available under this section may be given any information that is contained in the record and may be given a copy of any part of the record.

Evidence

(4) Nothing in this section authorizes the introduction into evidence of any part of a record that would not otherwise be admissible in evidence.

Exception

(5) For greater certainty, this section does not apply to an alternative measures agreement, a varied alternative measures agreement or a report that is filed with the court in accordance with section 86.‍6.

Agreements respecting exchange of information

86.‍94 The Minister may enter into an agreement with a department or agency of a government in Canada respecting the exchange of information for the purpose of administering alternative measures or preparing a report in respect of an alleged offender’s compliance with an alternative measures agreement.

Regulations

86.‍95 The Minister may make regulations respecting the alternative measures that may be used for the purposes of this Act, including regulations

• (a) excluding specified offences under this Act from the application of those measures;

• (b) respecting the form and manner in which and the period within which an application under paragraph 86.‍2(1)‍(f) to participate in the measures is to be made, and the information that is to be contained in or that is to accompany the application;

• (c) respecting the manner of preparing and filing reports relating to the administration of and compliance with alternative measures agreements;

• (d) respecting the terms and conditions that may be included in an alternative measures agreement and their effects; and

• (e) respecting the classes of reasonable costs and the manner of paying the costs associated with supervising and verifying compliance with an alternative measures agreement.

  End of inserted block

Offence and punishment

86.‍96 Every person who contravenes an alternative measures agreement referred to in subsection 86.‍2(1)

• (a) is guilty of an indictable offence and liable to a fine of not more than $500,000; or

• (b) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $100,000.

  End of inserted block

Powers of Fisheries Officers — waters and territory of foreign state

87.‍1 Subject to the consent of a foreign state and any conditions that it may impose, every power that may be exercised, and every duty or function that may be performed in Canada by a fishery officer under this Act may be exercised or performed on or over the waters that are subject to the jurisdiction of a foreign state or on the state’s territory, or in a port of the foreign state, in relation to any fishing vessel that is subject to the jurisdiction of Canada.

Review of Act

Five-year review

92 Every five years beginning on the day on which this section comes into force, the provisions and operation of this Act shall be reviewed by the committee of the Senate, of the House of Commons or of both Houses that is designated or established for that purpose.

Harm to fish

8 (1) Before a person who proposes to carry on any work, undertaking or activity, for the purpose of the construction of the bridge, parkway or any related work and for which an authorization referred to in paragraphs 35(2)‍(b) or (c) of the Fisheries Act would have been required but for section 3, begins to carry on the work, undertaking or activity, they must file with the Minister a plan that includes all measures to be taken to mitigate the harm to fish that are part of a commercial, recreational or Insertion start Indigenous Insertion end fishery, or to fish that support such a fishery resulting from the carrying on of the work, undertaking or activity.

Death of fish or harmful alteration, disruption or destruction of fish habitat

8 (1) Before a person who proposes to carry on any work, undertaking or activity, for the purpose of the construction of the bridge, parkway or any related work and for which an authorization referred to in paragraph 34.‍4(2)‍(b) or (c) or 35(2)‍(b) or (c) of the Fisheries Act would have been required but for section 3, begins to carry on the work, undertaking or activity, they must file with the Minister a plan that includes all measures to be taken to mitigate the extent of death of fish or the harmful alteration, disruption or destruction of fish habitat, resulting from the carrying on of the work, undertaking or activity.