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Fisheries Act (R.S.C., 1985, c. F-14)

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Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

Powers of Fishery Officers and Fishery Guardians (continued)

Marginal note:Search

  •  (1) A fishery officer with a warrant issued under subsection (2) may enter and search any place, including any premises, vessel or vehicle, in which the officer believes on reasonable grounds there is

    • (a) any work or undertaking that is being or has been carried on in contravention of this Act or the regulations;

    • (b) any fish or other thing by means of or in relation to which this Act or the regulations have been contravened; or

    • (c) any fish or other thing that will afford evidence in respect of a contravention of this Act or the regulations.

  • Marginal note:Authority to issue warrant

    (2) Where on ex parte application a justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in any place referred to in subsection (1) any fish or other thing referred to in subsection (1), the justice may issue a warrant authorizing the fishery officer named in the warrant to enter and search the place for the thing subject to any conditions that may be specified in the warrant.

  • Marginal note:Where warrant not necessary

    (3) Notwithstanding subsection (1), a fishery officer may exercise the power of search referred to in that subsection without a warrant issued under subsection (2) if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant.

  • Marginal note:Exigent circumstances

    (4) For the purposes of subsection (3), exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.

  • Marginal note:Powers during search

    (5) In carrying out a search of a place under this section, a fishery officer may exercise any power mentioned in subsection 49(1), (1.1) or (1.3).

  • R.S., 1985, c. 31 (1st Supp.), s. 35
  • 1991, c. 1, s. 14

Marginal note:Arrest

 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.

  • R.S., c. F-14, s. 36

Marginal note:Seizure of fishing vessel, etc.

 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).

  • R.S., 1985, c. F-14, s. 51
  • 1991, c. 1, s. 15

Marginal note:Entry by fishery officer

 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.

  • R.S., c. F-14, s. 39

Marginal note:Disputes

 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.

  • R.S., 1985, c. F-14, s. 53
  • 2019, c. 14, s. 37(F)

Marginal note:Distances between fisheries

 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.

  • R.S., 1985, c. F-14, s. 54
  • 2019, c. 14, s. 37(F)

Marginal note:Boundaries of estuary fishing

 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.

  • R.S., c. F-14, s. 42

Marginal note:Gurry grounds

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

  • R.S., c. F-14, s. 43

Analysts

Marginal note:Analyst

  •  (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.

  • 2019, c. 14, s. 38

Culture of Fish

Marginal note:Waters for propagation of fish

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

  • R.S., c. F-14, s. 44

Marginal note:Special licences for oyster beds

 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.

  • R.S., 1985, c. F-14, s. 58
  • 1999, c. 31, s. 123(F)

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

  •  (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.

  • R.S., 1985, c. F-14, s. 59
  • 1999, c. 31, s. 124(F)

Vacant Public Property

Marginal note:Vacant public property

  •  (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.

  • R.S., c. F-14, s. 47
 
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