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Fisheries Act (R.S.C., 1985, c. F-14)

Full Document:  

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

Information Returns

Marginal note:Persons who may be required to provide information

  •  (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.

  • R.S., 1985, c. F-14, s. 61
  • 1991, c. 1, s. 18
  • 2019, c. 14, s. 39

Marginal note:Information required by the Minister

  •  (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.

  • 2019, c. 14, s. 40

Indigenous Knowledge of the Indigenous Peoples of Canada

Marginal note:Confidentiality

  •  (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.

  • 2019, c. 14, s. 40

Obstruction and False Information

Marginal note:Obstruction

 No person shall obstruct or hinder a fishery officer, a fishery guardian or an inspector who is carrying out duties or functions under this Act.

  • R.S., 1985, c. F-14, s. 62
  • R.S., 1985, c. 1 (2nd Supp.), s. 213
  • 1991, c. 1, s. 18

Marginal note:False statements

  •  (1) No person shall make a false or misleading statement, whether orally or in writing, to an inspector, a fishery officer, a fishery guardian, any authority designated by a fishery officer or a fishery guardian or any authority prescribed under paragraph 38(9)(a) or (b) who is carrying out duties or functions under this Act.

  • Marginal note:False statements in licence application

    (2) No person shall make a false or misleading statement, whether orally or in writing, in an application for a lease or licence under this Act.

  • Marginal note:False records

    (3) No person shall produce for examination or copying by an inspector, a fishery officer or a fishery guardian or any authority designated by a fishery officer or a fishery guardian any records, books of account or other documents that contain false or misleading information.

  • R.S., 1985, c. F-14, s. 63
  • 1991, c. 1, s. 18
  • 2012, c. 19, s. 151
 
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