Fisheries Act (R.S.C., 1985, c. F-14)

Marginal note:Arrest

50 Any fishery officer, fishery guardian or peace officer may arrest without warrant a person who that fishery officer, guardian or peace officer believes, on reasonable grounds, has committed an offence against this Act or any of the regulations, or whom he finds committing or preparing to commit an offence against this Act or any of the regulations.

Marginal note:Seizure of fishing vessel, etc.

51 A fishery officer or fishery guardian may seize any fishing vessel, vehicle, fish or other thing that the officer or guardian believes on reasonable grounds was obtained by or used in the commission of an offence under this Act or will afford evidence of an offence under this Act, including any fish that the officer or guardian believes on reasonable grounds

• (a) was caught, killed, processed, transported, purchased, sold or possessed in contravention of this Act or the regulations; or

• (b) has been intermixed with fish referred to in paragraph (a).

Marginal note:Entry by fishery officer

52 In the discharge of his duties, any fishery officer, fishery guardian or other person accompanying him or authorized to such effect by the fishery officer may enter on and pass through or over private property without being liable for trespass.

Marginal note:Disputes

53 Disputes between persons relating to fishing limits or claims to fishery stations, or relating to the position and use of nets and other fishing apparatus, shall be settled by the local fishery officer.

Marginal note:Distances between fisheries

54 Fishery officers may determine or prescribe the distance between each and every fishery and shall forthwith remove any fishing apparatus or materials that the owner neglects or refuses to remove, and the owner is liable for a contravention of this Act and for the cost of removing the apparatus and materials and any damages that may result therefrom.

Marginal note:Boundaries of estuary fishing

55 The Minister, or any fishery officer duly authorized by the Minister, has power to define the boundaries of tidal waters and estuaries and to designate what is the mouth of any river, stream or other water for the purposes of this Act.

Marginal note:Gurry grounds

56 Gurry grounds may be designated or defined by any fishery officer.

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.

Culture of Fish

Marginal note:Waters for propagation of fish

57 The Minister may authorize any river or other water to be set apart for the natural or artificial propagation of fish.

Marginal note:Special licences for oyster beds

58 Special licences and leases for any term of years may be granted to any person who wishes to plant or form oyster beds in any of the bays, inlets, harbours, creeks or rivers, or between any of the islands on the coast of Canada, and the holder of any such licence or lease has the exclusive right to the oysters produced or found on the beds within the limits of the licence or lease.

Marginal note:Authority to provinces to grant leases for oyster cultivation

• 59 (1) The Governor in Council may, on such terms and conditions as are agreed on, authorize the government of any province to grant leases of such areas of the sea-coast, bays, inlets, harbours, creeks, rivers and estuaries of the province as the government of the province considers suitable for the cultivation and production of oysters, and any persons to whom such leases are granted by the province, subject to the fishery regulations of Canada, have the exclusive right to the oysters produced or found on the beds within the limits of their respective leases.

• Marginal note:Rights of Canada preserved

  (2) Where an area referred to in subsection (1) or any part thereof is in a public harbour, nothing in that subsection prejudices the right or title of Canada to the enjoyment and use of the harbour for every purpose other than the cultivation and production of oysters.

Vacant Public Property

Marginal note:Vacant public property

• 60 (1) Every subject of Her Majesty may, for the purpose of landing, salting, curing and drying fish, use, and cut wood on, vacant public property that by law is common and accessory to public rights of fishery and navigation.

• Marginal note:Prohibition

  (2) No person shall occupy the same station on vacant public property described in subsection (1) unless it has been abandoned by the first occupant for twelve consecutive months.

• Marginal note:Payment may be required

  (3) At the expiration of the twelve months referred to in subsection (2), any new occupier shall pay the value of the flakes and stages and other property thereon, of which he takes possession, or the buildings and improvements may be removed by the original owner.

• Marginal note:Leased property

  (4) No property leased or licensed shall be deemed vacant.

Information Returns

Marginal note:Persons who may be required to provide information

• 61 (1) The following persons may be required under this Act to provide information or to keep records, books of account or other documents:

  • (a) any person who engages in fishing;

  • (b) any person who purchases fish for the purpose of resale;

  • (c) any owner, operator or manager of an enterprise that catches, cultures, processes or transports fish;

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

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

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

• Marginal note:Information that may be required

  (2) A person referred to in subsection (1) may be required to provide information or to keep records or other documents relating to any of the following matters:

  • (a) the number, sex, size, weight, species, product form, value or other particulars of any fish caught, cultured, processed, transported, sold or purchased;

  • (b) the time and place at which any fish was caught or landed and the person, enterprise or vessel by which the fish was caught or landed;

  • (c) the time and place at which any fish was purchased and the person, enterprise or vessel from which the fish was purchased;

  • (d) the vessels, gear and methods used and the number of persons employed for the purpose of catching fish;

  • (e) the buildings, equipment, products and methods used and the number of persons employed for the purpose of culturing or processing fish; and

  • (f) any other matter relating to the proper management and control of fisheries or the conservation and protection of fish.

• Marginal note:Duty to keep books

  (3) A person referred to in subsection (1) shall keep any records, books of account or other documents that may be required by the regulations or by the terms and conditions of any lease or licence issued to the person under this Act and the records, books of account or other documents shall be kept in the manner and form and for the period prescribed by the regulations, lease or licence.

• Marginal note: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.

• Marginal note:Duty to provide information

  (4) A person referred to in subsection (1) shall, on the request of any fishery officer or fishery guardian, provide the officer or guardian, or any authority designated by the officer or guardian, with any information relating to a matter mentioned in subsection (2) that the officer or guardian may request.

• Marginal note:Idem

  (5) A person referred to in subsection (1) shall, in accordance with the regulations and the terms and conditions of any lease or licence issued to the person under this Act, provide a fishery officer, a fishery guardian or any authority designated in the regulations, lease or licence with any information relating to a matter mentioned in subsection (2) that the regulations, lease or licence requires.

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.