Fisheries Act (R.S.C., 1985, c. F-14)

RELATED PROVISIONS

• — R.S., 1985, c. 27 (2nd Supp.), s. 11

  • Transitional: proceedings

    Footnote ^*11 Proceedings to which any of the provisions amended by the schedule apply that were commenced before the coming into force of section 10 shall be continued in accordance with those amended provisions without any further formality.

    • Return to footnote ^*[Note: Section 10 in force October 1, 1987, see SI/87-221.]

• — R.S., 1985, c. 40 (4th Supp.), s. 2(2)

  • • Transitional — proceedings

       Footnote ^*(2) Every proceeding commenced before the coming into force of this section under a provision amended by the schedule shall be taken up and continued under and in conformity with the amended provision without any further formality.

      • Return to footnote ^*[Note: Section 2 in force August 31, 1988, see SI/88-135.]

• — 1990, c. 16, s. 24(1)

  • Transitional: proceedings

    • Footnote ^*24 (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality.

      • Return to footnote ^*[Note: Subsection 24(1) in force July 1, 1990, see SI/90-90.]

• — 1990, c. 17, s. 45(1)

  • Transitional: proceedings

    • Footnote ^*45 (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality.

      • Return to footnote ^*[Note: Subsection 45(1) in force September 1, 1990, see SI/90-106.]

• — 1998, c. 30, s. 10

  • Transitional — proceedings

    Footnote ^*10 Every proceeding commenced before the coming into force of this section and in respect of which any provision amended by sections 12 to 16 applies shall be taken up and continued under and in conformity with that amended provision without any further formality.

    • Return to footnote ^*[Note: Section 10 in force April 19, 1999, see SI/99-37.]

• — 2012, c. 31, s. 177

  • Ministerial authorizations

    • 177 (1) An authorization issued by the Minister under section 32 or subsection 35(2) of the Fisheries Act as it existed before June 29, 2012, or under paragraph 32(2)(c) or paragraph 35(2)(b) of the Fisheries Act as it existed before the coming into force of subsection 142(2) of the Jobs, Growth and Long-term Prosperity Act, and that is still valid on the day on which that subsection 142(2) comes into force, is deemed to be an authorization issued by the Minister under paragraph 35(2)(b) of the Fisheries Act after that coming into force.

    • Amendment

      (2) On the request of the holder of an authorization referred to in subsection (1) that is made within 90 days after the day on which subsection 142(2) of the Jobs, Growth and Long-term Prosperity Act comes into force, the Minister must examine the authorization, and the Minister may, within 210 days after the day on which that subsection 142(2) comes into force, confirm or amend the authorization or, if the Minister is of the opinion that the holder no longer needs an authorization, cancel it.

    • Conditions of authorizations

      (3) Paragraph 40(3)(a) of the Fisheries Act does not apply to the holder of an authorization referred to in subsection (1) until 90 days after the day on which subsection 142(2) of the Jobs, Growth and Long-term Prosperity Act comes into force. However, if the holder makes a request under subsection (2), then that paragraph does not apply to that holder until the day on which that holder receives notice of the Minister’s decision to confirm, amend or cancel the authorization or until 210 days after the day on which that subsection 142(2) comes into force, whichever is earlier.

• — 2019, c. 14, s. 51

  • Analysts

    51 Any person who is designated as an analyst within the meaning of the definition analyst in subsection 2(1) of the Fisheries Act, as it read immediately before the day on which section 38 of this Act comes into force, is deemed to be designated as an analyst under subsection 56.1(1) of the Fisheries Act as enacted by that section 38.

• — 2019, c. 14, s. 52

  • Authorization — Paragraph 35(2)(b)

    52 Any authorization issued by the Minister under paragraph 35(2)(b) of the Fisheries Act before the day on which section 22 of this Act comes into force and that is still valid on the day on which that section comes into force is deemed to have been issued under paragraphs 34.4(2)(b) and 35(2)(b), as those paragraphs read after that day.

• — 2019, c. 14, s. 53

  • Application — Paragraph 35(2)(b)

    • 53 (1) If an application for the issuance of an authorization under paragraph 35(2)(b) of the Fisheries Act is made in accordance with the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations before the day on which section 22 of this Act comes into force, and the applicant has received notification from the Minister that the application is complete in accordance with the requirements of those regulations, then the Fisheries Act as it read immediately before the day on which this Act receives royal assent, applies to the exercise of the Minister’s power under that Act to authorize the carrying on of the work, undertaking or activity that is referred to in the application. Any authorization issued by the Minister is deemed to be an authorization that was issued under paragraphs 34.4(2)(b) and 35(2)(b) of that Act, as those paragraphs read after the day on which section 22 of this Act comes into force.

    • Incomplete application

      (2) If the Minister notifies the applicant in accordance with the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations, that the application is incomplete, then the applicant shall provide the Minister with the required information or documentation

      • (a) no later than 180 days after the day on which section 22 of this Act comes into force, if the applicant receives the notice before that day;

      • (b) no later than 180 days after the day on which the applicant received the notice, if the applicant receives the notice on or after the day on which section 22 of this Act comes into force.

    • Minister’s notification

      (3) If the Minister notifies the applicant, in accordance with the Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations, following the receipt of any required information or documentation from the applicant within the time period referred to in subsection (2), that the application is complete, the Fisheries Act as it read immediately before the day on which this Act received royal assent applies to the exercise of the Minister’s power under that Act to authorize the carrying on of the work, undertaking or activity that is referred to in the application. Any authorization issued by the Minister is deemed to be an authorization that was issued under paragraphs 34.4(2)(b) and 35(2)(b) of that Act, as those paragraphs read after the day on which section 22 of this Act comes into force. However, if the Minister notifies the applicant that the application is still incomplete, then the authorization that was applied for is deemed to have been refused.