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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

Application

Marginal note:Provincial rights not affected

  •  (1) Nothing in this Act shall be taken to authorize the granting of fishery leases that confer an exclusive right to fish in property belonging to a province.

  • Marginal note:Application of Act to Her Majesty

    (2) This Act is binding on Her Majesty in right of Canada or a province.

  • R.S., c. F-14, s. 3
  • R.S., c. 17(1st Supp.), s. 9

Marginal note:Licences to take spawn

 Nothing in this Act precludes the granting by the Minister of written permission to obtain fish for purposes of stocking or artificial breeding or for scientific purposes.

  • R.S., c. F-14, s. 4

Advisory Panels

Marginal note:Minister may establish advisory panels

  •  (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.

  • 2019, c. 14, s. 4

Agreements, Programs and Projects

Marginal note:Minister may enter into agreements

  •  (1) The Minister may enter into an agreement with any government of a province, any Indigenous governing body and any body — including a co-management body — established under a land claims agreement, to further the purpose of this Act, including an agreement with respect to one or more of the following:

    • (a) facilitating cooperation between the parties to the agreement, including facilitating joint action in areas of common interest, reducing overlap between their respective programs and otherwise harmonizing those programs;

    • (b) facilitating enhanced communication between the parties, including the exchange of scientific and other information; and

    • (c) facilitating public consultation or the entry into arrangements with third-party stakeholders.

  • Marginal note:Contents of agreement

    (2) An agreement may establish

    • (a) the roles, powers and functions of the parties;

    • (b) programs and projects;

    • (c) principles and objectives of the parties’ respective programs and projects;

    • (d) standards, guidelines and codes of practice to be followed by the parties in the administration of their respective programs and projects;

    • (e) processes for policy development, operational planning and communication between the parties, including the exchange of scientific and other information;

    • (f) the administrative structures that will be used to carry out the agreement’s objectives;

    • (g) the power of the parties to create committees and public panels and to conduct public consultations; and

    • (h) the circumstances and manner in which the government of the province or the Indigenous governing body is to provide information on the administration and enforcement of a provision of the laws of the province or the Indigenous governing body that the agreement provides is equivalent in effect to a provision of the regulations.

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations establishing the conditions under which the Minister may enter into or renew an agreement, including procedures for entering into or renewing the agreement.

  • Marginal note:Agreements to be published

    (4) Subject to subsections (5) to (8), the Minister shall publish an agreement in the manner that he or she considers appropriate.

  • Marginal note:Publication of negotiated agreement

    (5) Before any agreement that is negotiated for the purposes of section 4.2 is entered into, the Minister shall publish the agreement, or give notice of its availability, in Part I of the Canada Gazette and in any other manner that he or she considers appropriate.

  • Marginal note:Comments

    (6) Within 60 days after the publication of an agreement or the giving of notice of its availability, any person may file comments with the Minister.

  • Marginal note:Publication by Minister of results

    (7) After the end of the 60-day period, the Minister shall publish in Part I of the Canada Gazette and in any other manner that he or she considers appropriate a report that summarizes how any comments were dealt with or a notice of the availability of that report.

  • Marginal note:Publication of final agreements

    (8) The Minister shall publish any final agreement, or give notice of its availability, in Part I of the Canada Gazette and in any other manner that he or she considers appropriate.

  • Marginal note:Rights of Indigenous peoples

    (9) An agreement entered into under subsection (1) must respect the rights recognized and affirmed by section 35 of the Constitution Act, 1982.

  • 2012, c. 19, s. 134
  • 2019, c. 14, s. 5

Marginal note:Declaration of equivalent provisions

  •  (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:Order ceases to have effect

    (5) The order ceases to have effect either when it is revoked by the Governor in Council or when the agreement to which the order relates terminates or is terminated.

  • 2012, c. 19, s. 134
  • 2019, c. 14, s. 6

Marginal note:Report to Parliament

 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 of sections 4.1 and 4.2 in that fiscal year.

  • 2012, c. 19, s. 134

Marginal note:Objectives

  •  (1) The Minister may implement programs and projects for the purposes of this Act and, to facilitate the implementation of a program or project, may

    • (a) make grants and contributions;

    • (b) make loans;

    • (c) make recoverable expenditures on behalf of any person or body, or any federal or provincial minister, department or agency; and

    • (d) guarantee the repayment of any financial obligation, or provide loan insurance or credit insurance in respect of such an obligation.

  • Marginal note:Regulations

    (2) The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations respecting such grants, contributions, loans, guarantees and insurance.

  • Marginal note:Agreements, etc.

    (3) In exercising powers and performing functions under subsection (1), the Minister may

    • (a) enter into agreements — including an agreement under section 4.1 — or arrangements or transactions with any person or body, or any federal or provincial minister, department or agency; and

    • (b) with the approval of the Minister of Finance, requisition amounts in respect of such an agreement, arrangement or transaction to be paid out of the Consolidated Revenue Fund.

  • 2012, c. 19, s. 134
 
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