Aquatic Invasive Species Regulations (SOR/2015-121)

Regulations are current to 2019-06-20

Prescribed Persons

Marginal note:Prescribed persons

 The following persons are prescribed under paragraph 36(5)(f) of the Act:

  • (a) the Minister of Fisheries and Oceans;

  • (b) the Minister responsible for the Parks Canada Agency;

  • (c) for Ontario, the provincial Minister of Natural Resources and Forestry;

  • (d) for Nova Scotia, the provincial Minister of Fisheries and Aquaculture;

  • (e) for Manitoba, the provincial Minister of Conservation and Water Stewardship;

  • (f) for British Columbia, the provincial Minister of Environment and the provincial Minister of Forests, Lands and Natural Resource Operations;

  • (g) for Saskatchewan, the provincial Minister of Environment;

  • (h) for Alberta, the provincial Minister of Environment and Sustainable Resource Development; and

  • (i) for Yukon, the territorial Minister of Environment.

Compliance and Enforcement

Control and Eradication

Definition of Minister

  •  (1) For the purpose of this section and sections 27 and 28, Minister means any of the persons listed in section 18.

  • Marginal note:Purposes

    (2) The Minister may take a measure referred to in subsection (3)

    • (a) to prevent the introduction or spread of, or to control or eradicate,

      • (i) any species set out in Part 2 of the schedule in the areas in which it is prohibited,

      • (ii) any species set out in Part 2 or 3 of the schedule in a particular region or body of water frequented by fish where the species is not indigenous and may harm fish, fish habitat or the use of fish, and

      • (iii) any aquatic species, other than a species set out in Part 2 or 3 of the schedule, in a particular region or body of water frequented by fish where the aquatic species is not indigenous and may harm fish, fish habitat or the use of fish; and

    • (b) to treat or destroy any member of a species described in paragraph (a).

  • Marginal note:Control activities

    (3) Despite any other regulations made under the Act, the Minister may authorize the deposit of deleterious substances belonging to one of the classes of deleterious substances authorized under section 21 and provide directions for their deposit in any water or place referred to in subsection 36(3) of the Act.

  • Marginal note:Exemption for aquaculture activities

    (4) Subsection (3) does not apply in respect of aquaculture activities if the deposit of a deleterious substance is otherwise authorized under the Act.

Marginal note:Licensed fishing for aquatic invasive species

 Despite any other regulations made under the Act, the Minister and any provincial minister having jurisdiction over fisheries may license fishing for any species referred to in subsection 19(2) in the places referred to in that subsection.

Marginal note:Authorized deleterious substances

 The following classes of deleterious substances are authorized for the purpose of paragraph 36(4)(b) of the Act and subsections 19(3) and 27(1):

  • (a) drugs whose sale is permitted or otherwise authorized, or whose importation is not prohibited, under the Food and Drugs Act; and

  • (b) pest control products that are registered, or whose use is authorized, under the Pest Control Products Act.

Measures and Directions

Marginal note:Notification regarding non-indigenous species

  •  (1) A fishery officer or fishery guardian may notify a person, directly or through a public notice, that an aquatic species is not indigenous in a particular region or body of water frequented by fish.

  • Marginal note:Directions to stop introduction

    (2) In the event that the unauthorized introduction of an aquatic species into a particular region or body of water frequented by fish where it is not indigenous is imminent or in the process of occurring, a fishery officer may give a direction to a person

    • (a) prohibiting that person from engaging in any activity that may lead to that introduction; or

    • (b) directing that person to cease engaging in any activity that may lead to that introduction.

Marginal note:Definitions

 The following definitions apply in sections 25 to 27 and 29.

carrier

carrier means anything, other than a conveyance or structure, that is a host to, or that facilitates the movement of, a species set out in Part 2 or 3 of the schedule. (porteur)

conveyance or structure

conveyance or structure means a conveyance or structure that is a host to, or that facilitates the movement of, a species set out in Part 2 or 3 of the schedule. (moyen de transport ou structure)

Marginal note:Limitations

 A fishery officer or fishery guardian may take a measure set out in section 25 or give a direction set out in section 26 only

  • (a) to determine whether the species is an aquatic invasive species;

  • (b) to prevent the introduction or spread of, or to control or eradicate,

    • (i) any species set out in Part 2 of the schedule in the areas in which it is prohibited, or

    • (ii) any species set out in Part 2 or 3 of the schedule in a particular region or body of water frequented by fish where the species is not indigenous and may harm fish, fish habitat or the use of fish; or

  • (c) to treat or destroy any member of a species described in paragraph (b).

Marginal note:Measures

  •  (1) A fishery officer or fishery guardian or a person acting under their direction may

    • (a) treat or destroy a member of an aquatic invasive species or a carrier or treat a conveyance or structure;

    • (b) establish a temporary barrier around the member of an aquatic invasive species or the carrier, conveyance or structure; and

    • (c) post signs or markers that prohibit access around the member of an aquatic invasive species or the carrier, conveyance or structure.

  • Marginal note:Reasonable assistance

    (2) A person must give all reasonable assistance requested by the fishery officer or the fishery guardian to enable them to carry out the measures set out in subsection (1) and must provide any information requested by them that is relevant to the measures if the person

    • (a) is in possession of a member of a species set out in Part 2 or 3 of the schedule;

    • (b) is in possession or in charge of a carrier, conveyance or structure or owns or occupies the land, building or place where the member of the species is found; or

    • (c) is engaged in any activity that may lead or has led to the introduction or spread of the species.

Marginal note:Directions

  •  (1) Subject to subsection (2), a fishery officer may give a written direction requiring a person

    • (a) to restrict any activity that may lead to the introduction or spread of an aquatic invasive species;

    • (b) to restrict access to a place where a member of the species is found;

    • (c) to engage in any activity to prevent the introduction or spread of the species; and

    • (d) to engage in any activity to treat or destroy the member of the species or a carrier or to treat a conveyance or structure.

  • Marginal note:Persons subject to direction

    (2) The direction may be given only to a person who

    • (a) is in possession of a member of the species or of a carrier, conveyance or structure where a member of the species is found;

    • (b) is in charge of a carrier, conveyance or structure where a member of the species is found;

    • (c) owns or occupies the land, building or place where a member of the species is found; or

    • (d) is engaged in any activity that may lead or has led to the introduction or spread of the species.

  • Marginal note:Exemption from fishing licence

    (3) If a direction given under paragraph (1)(d) requires the use of fishing as a means to destroy members of a species set out in Part 2 or 3 of the schedule, the person to whom the direction is given is exempted from the requirement to hold a licence to fish for that species.

  • Marginal note:Exemption while under direction

    (4) If a direction given under subsection (1) requires a person to be in possession of or to transport a member of a species set out in Part 2 of the schedule, that person is exempted from sections 7 and 8 to the extent necessary to fulfill the requirements of the direction.

 
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