Purpose

Marginal note: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.

Territorial Application

Marginal note: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.

• Marginal note: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

Marginal note:Rights of Indigenous peoples of Canada

2.3 This Act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.

Marginal note: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

Marginal note: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) Indigenous 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.

Advisory Panels

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note:Declaration of equivalent provisions

• 4.2 (1) If an agreement entered into under section 4.1 provides that there is in force a provision of the laws of the province or the Indigenous governing body 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 or the territory governed by the Indigenous governing body, as the case may be, with respect to the subject matter of the provision of the laws of the province or the Indigenous governing body.

• Marginal note: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 the province or the territory governed by the Indigenous governing body, as the case may be, with respect to the subject matter of the provision of the laws of the province or the Indigenous governing body.

• Marginal note:Revocation

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

• Marginal note:Notice

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

Marginal note: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

Marginal note:Measures to maintain fish stocks

• 6.1 (1) In the management of fisheries, the Minister shall implement measures to maintain major fish stocks at or above the level necessary to promote the sustainability of the stock, taking into account the biology of the fish and the environmental conditions affecting the stock.

• Marginal note:Limit reference point

  (2) If the Minister is of the opinion that it is not feasible or appropriate, for cultural reasons or because of adverse socio-economic impacts, to implement the measures referred to in subsection (1), the Minister shall set a limit reference point and implement measures to maintain the fish stock above that point, taking into account the biology of the fish and the environmental conditions affecting the stock.

• Marginal note:Publication of decision

  (3) If the Minister sets a limit reference point in accordance with subsection (2), he or she shall publish the decision to do so, within a reasonable time and with reasons, on the Internet site of the Department of Fisheries and Oceans.

Marginal note:Plan to rebuild

• 6.2 (1) If a major fish stock has declined to or below its limit reference point, the Minister shall develop a plan to rebuild the stock above that point in the affected area, taking into account the biology of the fish and the environmental conditions affecting the stock, and implement it within the period provided for in the plan.

• Marginal note:Amendment

  (2) If the Minister is of the opinion that such a plan could result in adverse socio-economic or cultural impacts, the Minister may amend the plan or the implementation period in order to mitigate those impacts while minimizing further decline of the fish stock.

• Marginal note:Endangered or threatened species

  (3) Subsection (1) does not apply if the affected fish stock is an endangered species or a threatened species under the Species at Risk Act or if the implementation of international management measures by Canada does not permit it.

• Marginal note:Publication of decision

  (4) If the Minister amends a plan in accordance with subsection (2) or decides not to make one in accordance with subsection (3), he or she shall publish the decision to do so, within a reasonable time and with reasons, on the Internet site of the Department of Fisheries and Oceans.

• Marginal note:Restoration measures

  (5) In the management of fisheries, if the Minister is of the opinion that the loss or degradation of the stock’s fish habitat has contributed to the stock’s decline, he or she shall take into account whether there are measures in place aimed at restoring that fish habitat.

Marginal note:Regulations

6.3 The major fish stocks referred to in sections 6.1 and 6.2 are to be prescribed by regulations.

Marginal note:Fees

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

• Marginal note: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.

Marginal note:Suspension or cancellation

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

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

  • (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.

• Marginal note: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

Marginal note: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.

• Marginal note:Conditions

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

• Marginal note: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.

Marginal note:Duty to comply

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

Marginal note: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.

• Marginal note: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.

Marginal note: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).

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note:Statutory Instruments Act

9.7 Orders made under section 9.1 are not statutory instruments for the purposes of the Statutory Instruments Act.

Fees

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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 pêche 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 pêche.

Marginal note: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.

• Marginal note: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.

Marginal note:Importation and exportation — cetaceans

• 23.2 (1) No person shall import into Canada or export from Canada, or attempt to import or export, a living cetacean or sperm, an egg or an embryo of a cetacean, except in accordance with a permit issued under subsection (2).

• Marginal note:Issuance of permit

  (2) The Minister may issue a permit authorizing the importation or exportation of a living cetacean or sperm, an egg or an embryo of a cetacean and impose any conditions that the Minister considers appropriate in the permit, if the importation or exportation is for the purpose of

  • (a) conducting scientific research; or

  • (b) keeping the cetacean in captivity if it is in the best interests of the cetacean’s welfare to do so.

• Marginal note:Amendment, suspension or cancellation

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

Marginal note:Seines, nets, etc., not to obstruct navigation

24 Seines, nets or other fishing apparatus shall not be set or used in such a manner or in such a place that they or any equipment that is attached to any of them 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 or used or any equipment that is attached to any of them.

Marginal note: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 pêche durant une période d’interdiction.

• Marginal note: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 pêche 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.

Marginal note:Shark finning

• 32 (1) No person shall engage in the practice of shark finning.

• Marginal note:Definition of shark finning

  (2) In this section, shark finning means the practice of removing the fins from a shark and discarding the remainder of the shark while at sea.

Marginal note:Importation and exportation

• 32.1 (1) No person shall import into Canada or export from Canada, or attempt to so import or export, any shark fins or parts of shark fins that are not attached to a shark carcass except in accordance with a permit issued under subsection (2).

• Marginal note:Issuance of permit

  (2) The Minister may issue a permit authorizing the importation or exportation into or from Canada of any shark fins or parts of shark fins that are not attached to a shark carcass and impose any conditions that the Minister considers appropriate in the permit

  • (a) if the importation or exportation is for the purpose of scientific research relating to shark conservation; and

  • (b) if, in the Minister’s opinion, the scientific research is likely to benefit the survival of any shark species or is required to enhance the chances of survival of any shark species in the wild.

• Marginal note:Amendment, suspension or cancellation

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

Fish and Fish Habitat Protection and Pollution Prevention

Marginal note: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), (3) or (7), paragraph 34.4(2)(b) or (c), subsection 34.4(4), paragraph 35(2)(b) or (c) or subsection 35(4), 35.1(3), 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) Indigenous knowledge of the Indigenous peoples of Canada that has been provided to the Minister; and

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

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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 necessary to permit the free passage of fish; or

  • (g) maintain at all times the characteristics of the water and the water flow downstream of the obstruction or thing that are sufficient for the conservation and protection of the fish and fish habitat.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Statutory Instruments Act

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

• Marginal note:Regulations

  (7) The Minister may make regulations respecting the flow of water that is to be maintained to ensure the free passage of fish or the protection of fish or fish habitat.

Marginal note: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.

• Marginal note: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 the Minister;

  • (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, 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(3), in the case of a work, undertaking or activity that is part of a designated project and that is designated by the Minister under subsection 35.1(2); 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).

• Marginal note: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.

• Marginal note: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.

• Marginal note:Amendment, suspension or cancellation — paragraph (2)(b)

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

• Marginal note: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.

Marginal note:Designated project

• 35.1 (1) The Minister may designate, as a work, undertaking or activity that is associated with a designated project, any work, undertaking or activity that the Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat.

• Marginal note:Work, undertaking or activity designated by Minister

  (2) The Minister shall designate any work, undertaking or activity that is part of a designated project and that the Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat.

• Marginal note:Issuance of permit

  (3) The Minister may issue a permit to carry on any work, undertaking or activity designated under subsection (2) and attach any conditions to it.

• Marginal note:Prohibition

  (4) No person shall carry on any work, undertaking or activity that is designated under subsection (2) except in accordance with a permit issued under subsection (3).

• Marginal note:Amendment, suspension or cancellation

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

Marginal note: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).

• Marginal note:Designation — ecologically significant area

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

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Amendment, suspension or cancellation — authorization

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

• Marginal note: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.

• Marginal note: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).

Marginal note: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.

Marginal note:Definitions

42.01 The following definitions apply in this section and sections 42.02 to 42.04.

conservation project

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

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

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

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

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)

Marginal note: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.

• Marginal note:Arrangements

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

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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 fish and fish habitat protection and pollution prevention for that year.

Marginal note: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.

Marginal note: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 the Minister under section 34.2;

  • (c) any orders made by the Minister 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).

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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

Marginal note: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.

• Marginal note:Statutory Instruments Act

  (2) The permissions, leases and licences referred to in subsection (1) — including their terms and conditions — are not statutory instruments for the purposes of the Statutory Instruments Act.

• Marginal note: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.

Marginal note: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 under paragraph 46(1)(a).

• Marginal note: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.

Marginal note:Saving

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

• Marginal note: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.

Marginal note:Contestations

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

Marginal note:Distance entre les pêches

54 Les agents des pêches peuvent fixer la distance devant séparer les pêches; 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

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note:Exception — Indigenous knowledge of Indigenous peoples

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

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

• Marginal note: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.

Indigenous Knowledge of the Indigenous Peoples of Canada

Marginal note:Confidentiality

• 61.2 (1) Any Indigenous 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.

• Marginal note:Exception

  (2) Despite subsection (1), the Indigenous 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).

• Marginal note:Consultation

  (2.1) Before disclosing Indigenous knowledge under paragraph (2)(b) for the purposes of procedural fairness and natural justice, the Minister shall consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).

• Marginal note:Further disclosure

  (3) The Minister may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice.

• Marginal note:Duty to comply

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

• Marginal note: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 Indigenous knowledge referred to in subsection (1) made in good faith under this Act or for any consequences of the disclosure.

• Marginal note:Order to extend detention

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

Marginal note: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).

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Forfeiture of fish — other cases

  (3) If a person is charged with an offence under this Act that relates to fish seized under paragraph 51(a) and the person is acquitted or discharged absolutely or conditionally, or the court orders a stay of the proceedings but it is proved that the fish was caught, possessed, sold, purchased, traded, bartered, imported or exported 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.

Marginal note:Application by person claiming interest

• 75 (1) Subject to section 71.01, if 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 under subsection (4).

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

Marginal note: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

Marginal note:Definitions

86.1 The following definitions apply in sections 86.2 to 86.95.

alternative measures

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

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)

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:No bar to proceedings

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

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note:Supervisory bodies

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

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

• Marginal note:Schedule confidential

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

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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).

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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

Marginal note: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.

• Fisheries Act

  Loi sur les pêches

34.4(1) and 35(1)

34.4(1) and 35(1).

34.4(1) and 35(1)