An Act to amend the Fisheries Act and other Acts in consequence (S.C. 2019, c. 14)

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.