GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Fisheries Act — F-14 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.
Fisheries Act — F-14 3
1991, c. 1, s. 24 3 The heading preceding section 79.7 and section 79.7 are repealed.
Fisheries Act — F-14 30
30 The Act is amended by adding the following after section 42.1: Public registry 42.2 The Minister shall establish a public registry for the purpose of facilitating access to records relating to matters under any of sections 34 to 42.1. Contents of registry — obligatory 42.3 (1) The Minister shall publish the following records in the registry: (a) any agreements referred to in section 4.1 that are entered into by him or her and that establish the circumstances and manner referred to in paragraph 4.1(2)(h); (b) any standards and codes of practice established by the Minister under section 34.2; (c) any orders made by the Minister under sections 34.3 and 37; (d) any authorizations given under paragraphs 34.4(2)(b) and (c) and 35(2)(b) and (c) and subsection 35.2(7); (e) any permits issued by him or her under section 35.1; and (f) any fish habitat restoration plan prepared under subsection 35.2(9). Contents of registry — optional (2) The Minister may publish in the registry, other records that he or she considers appropriate for the purpose set out in section 42.2, including (a) any agreements referred to in section 4.1 and subsection 4.4(3); (b) any arrangements referred to in subsection 4.4(3) and section 42.02; (c) any proposed regulations; (d) any reports submitted under any regulations made under this Act; (e) any guidelines; and (f) any policy. Request of designated minister (3) The Minister may, on the request of any other minister designated under section 43.2, publish any records in the registry that the designated minister considers appropriate for the purpose set out in section 42.2. Types of records in registry (4) Despite subsections (1) to (3), the registry shall contain only records or any part of those records (a) that are publicly available; or (b) that the Minister determines would be disclosed to the public in accordance with the Access to Information Act if a request were made in respect of that record under that Act, including any record that would be disclosed in the public interest under subsection 20(6) of that Act. Form, manner and access — registry 42.4 The Minister may determine the form of the registry, how it is to be kept and how access to it is to be provided. Protection from civil proceeding or prosecution 42.5 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 any record through the registry made in good faith or for any consequences of its disclosure.
Fisheries Act — F-14 42.2
Public registry 42.2 The Minister shall establish a public registry for the purpose of facilitating access to records relating to matters under any of sections 34 to 42.1.
Fisheries Act — F-14 42.3
Contents of registry — obligatory 42.3 (1) The Minister shall publish the following records in the registry: (a) any agreements referred to in section 4.1 that are entered into by him or her and that establish the circumstances and manner referred to in paragraph 4.1(2)(h); (b) any standards and codes of practice established by the Minister under section 34.2; (c) any orders made by the Minister under sections 34.3 and 37; (d) any authorizations given under paragraphs 34.4(2)(b) and (c) and 35(2)(b) and (c) and subsection 35.2(7); (e) any permits issued by him or her under section 35.1; and (f) any fish habitat restoration plan prepared under subsection 35.2(9). Contents of registry — optional (2) The Minister may publish in the registry, other records that he or she considers appropriate for the purpose set out in section 42.2, including (a) any agreements referred to in section 4.1 and subsection 4.4(3); (b) any arrangements referred to in subsection 4.4(3) and section 42.02; (c) any proposed regulations; (d) any reports submitted under any regulations made under this Act; (e) any guidelines; and (f) any policy. Request of designated minister (3) The Minister may, on the request of any other minister designated under section 43.2, publish any records in the registry that the designated minister considers appropriate for the purpose set out in section 42.2. Types of records in registry (4) Despite subsections (1) to (3), the registry shall contain only records or any part of those records (a) that are publicly available; or (b) that the Minister determines would be disclosed to the public in accordance with the Access to Information Act if a request were made in respect of that record under that Act, including any record that would be disclosed in the public interest under subsection 20(6) of that Act.
Fisheries Act — F-14 42.4
Form, manner and access — registry 42.4 The Minister may determine the form of the registry, how it is to be kept and how access to it is to be provided.
Fisheries Act — F-14 42.5
Protection from civil proceeding or prosecution 42.5 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 any record through the registry made in good faith or for any consequences of its disclosure.
Fisheries Act — F-14 58.2
Bill S-238 58.2 (1) Subsections (2) to (7) apply if Bill S-238, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (importation and exportation of shark fins) (in this section referred to as the “other Act”), receives royal assent. (2) If section 2 of the other Act comes into force before section 18.1 of this Act, then section 32 of the Fisheries Act , as enacted by that section 2, is repealed.
Department of Fisheries and Oceans Act — F-15 1
Short title 1 This Act may be cited as the Department of Fisheries and Oceans Act . 1978-79, c. 13, s. 2
Department of Fisheries and Oceans Act — F-15 2
Department established 2 (1) There is hereby established a department of the Government of Canada called the Department of Fisheries and Oceans over which the Minister of Fisheries and Oceans appointed by commission under the Great Seal shall preside. Minister (2) The Minister holds office during pleasure and has the management and direction of the Department. 1978-79, c. 13, s. 3
Department of Fisheries and Oceans Act — F-15 3
Deputy head 3 The Governor in Council may appoint an officer called the Deputy Minister of Fisheries and Oceans to hold office during pleasure and to be the deputy head of the Department. 1978-79, c. 13, s. 4
Department of Fisheries and Oceans Act — F-15 4
Powers, duties and functions of Minister 4 (1) The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to (a) sea coast and inland fisheries; (b) fishing and recreational harbours; (c) hydrography and marine sciences; and (d) the coordination of the policies and programs of the Government of Canada respecting oceans. Idem (2) The powers, duties and functions of the Minister also extend to and include such other matters, relating to oceans and over which Parliament has jurisdiction, as are by law assigned to the Minister. Security of Canada Information Sharing Act (3) In carrying out activities in relation to the maritime domain, the Minister may receive information that (a) relates to an activity that undermines the security of Canada, as defined in subsection 2(1) of the Security of Canada Information Disclosure Act ; and (b) is relevant to his or her support of a Government of Canada institution, as defined in that section, that has jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of those activities, including their detection, identification, analysis, prevention, investigation or disruption. R.S., 1985, c. F-15, s. 4; 2015, c. 20, s. 4 2019, c. 13, s. 122
Department of Fisheries and Oceans Act — F-15 5
Agreements 5 The Minister may, with the approval of the Governor in Council, enter into agreements with the government of any province or any agency thereof respecting the carrying out of programs for which the Minister is responsible. 1978-79, c. 13, s. 6
Department of Fisheries and Oceans Act — F-15 6
Annual report 6 The Minister shall, on or before the 31st day of January next following the end of each fiscal year or, if Parliament is not then sitting, on any of the first five days next thereafter that either House of Parliament is sitting, submit to Parliament a report showing the operations of the Department for that fiscal year. 1978-79, c. 13, s. 7
Great Lakes Fisheries Convention Act — F-17 1
Short title 1 This Act may be cited as the Great Lakes Fisheries Convention Act . R.S., c. F-15, s. 1
Great Lakes Fisheries Convention Act — F-17 2
Definitions 2 In this Act, Commission means the Great Lakes Fishery Commission established under the Convention; ( Commission ) Convention means the Convention on Great Lakes Fisheries between Canada and the United States of America set out in the schedule. ( Convention ) R.S., c. F-15, s. 2
Great Lakes Fisheries Convention Act — F-17
Commission means the Great Lakes Fishery Commission established under the Convention; ( Commission )
Great Lakes Fisheries Convention Act — F-17
Convention means the Convention on Great Lakes Fisheries between Canada and the United States of America set out in the schedule. ( Convention )
Great Lakes Fisheries Convention Act — F-17 3
Convention approved 3 The Convention is hereby approved and confirmed. R.S., c. F-15, s. 3
Great Lakes Fisheries Convention Act — F-17 4
Regulations 4 Notwithstanding any other Act, the Governor in Council may make regulations for carrying out and giving effect to the provisions of the Convention and anything done by the Commission thereunder. R.S., c. F-15, s. 4
Great Lakes Fisheries Convention Act — F-17 5
Offence and punishment 5 Every person who contravenes any regulation made pursuant to section 4 is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both. R.S., c. F-15, s. 4
Great Lakes Fisheries Convention Act — F-17 6
Jurisdiction of courts 6 All courts, justices of the peace and provincial court judges in Canada have the same jurisdiction with respect to offences under regulations made under section 4 as they have under sections 257 and 258 of the Canada Shipping Act, 2001 with respect to offences under that Act, and those sections apply to offences under regulations made under section 4 in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 2001 . R.S., 1985, c. F-17, s. 6; R.S., 1985, c. 27 (1st Supp.), s. 203; 1990, c. 44, s. 18; 2001, c. 26, s. 303
Great Lakes Fisheries Convention Act — F-17 7
Duration 7 This Act shall continue in force until a day to be fixed by proclamation of the Governor in Council following termination of the Convention. R.S., c. F-15, s. 6
Great Lakes Fisheries Convention Act — F-17
Convention on Great Lakes Fisheries between Canada and the United States of America
Great Lakes Fisheries Convention Act — F-17
The Government of Canada and the Government of the United States of America,
Great Lakes Fisheries Convention Act — F-17
Taking note of the interrelation of fishery conservation problems and of the desirability of advancing fishery research in the Great Lakes,
Great Lakes Fisheries Convention Act — F-17
Being aware of the decline of some of the Great Lakes fisheries,
Great Lakes Fisheries Convention Act — F-17
Being concerned over the serious damage to some of these fisheries caused by the parasitic sea lamprey and the continuing threat which this lamprey constitutes for other fisheries,
Great Lakes Fisheries Convention Act — F-17
Recognizing that joint and coordinated efforts by Canada and the United States of America are essential in order to determine the need for and the type of measures which will make possible the maximum sustained productivity in Great Lakes fisheries of common concern,
Great Lakes Fisheries Convention Act — F-17
Have resolved to conclude a convention and have appointed as their respective Plenipotentiaries:
Great Lakes Fisheries Convention Act — F-17
The Government of Canada: Arnold Danford Patrick Heeney, Ambassador Extraordinary and Plenipotentiary of Canada to the United States of America, and Stewart Bates, Chairman of the Delegation of Canada to the Great Lakes Fisheries Conference; and
Great Lakes Fisheries Convention Act — F-17
Arnold Danford Patrick Heeney, Ambassador Extraordinary and Plenipotentiary of Canada to the United States of America, and
Great Lakes Fisheries Convention Act — F-17
Stewart Bates, Chairman of the Delegation of Canada to the Great Lakes Fisheries Conference; and
Great Lakes Fisheries Convention Act — F-17
The Government of the United States of America: Walter Bedell Smith, Acting Secretary of State of the United States of America, and William C. Herrington, Chairman of the Delegation of the United States of America to the Great Lakes Fisheries Conference, who, having communicated to each other their respective full powers, found in good and due form, have agreed as follows:
Great Lakes Fisheries Convention Act — F-17
Walter Bedell Smith, Acting Secretary of State of the United States of America, and
Great Lakes Fisheries Convention Act — F-17
William C. Herrington, Chairman of the Delegation of the United States of America to the Great Lakes Fisheries Conference,
Great Lakes Fisheries Convention Act — F-17
who, having communicated to each other their respective full powers, found in good and due form, have agreed as follows:
Great Lakes Fisheries Convention Act — F-17
This Convention shall apply to Lake Ontario (including the St. Lawrence River from Lake Ontario to the forty-fifth parallel of latitude), Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, Lake Superior and their connecting waters, hereinafter referred to as “the Convention Area”. This Convention shall also apply to the tributaries of each of the above waters to the extent necessary to investigate any stock of fish of common concern, the taking or habitat of which is confined predominantly to the Convention Area, and to eradicate or minimize the populations of the sea lamprey ( Petromyzon marinus ) in the Convention Area.
Great Lakes Fisheries Convention Act — F-17 1
1 The Contracting Parties agree to establish and maintain a joint commission, to be known as the Great Lakes Fishery Commission, hereinafter referred to as “the Commission”, and to be composed of two national sections, a Canadian Section and a United States Section. Each Section shall be composed of not more than three members appointed by the respective Contracting Parties.
Great Lakes Fisheries Convention Act — F-17 2
2 Each Section shall have one vote. A decision or recommendation of the Commission shall be made only with the approval of both Sections.
Great Lakes Fisheries Convention Act — F-17 3
3 Each Contracting Party may establish for its Section an advisory committee for each of the Great Lakes. The members of each advisory committee so established shall have the right to attend all sessions of the Commission except those which the Commission decides to hold in camera . (NOTE: Paragraph 1 of Article II was amended by an exchange of notes between the Governments of Canada and the United States, effective May 19, 1967, increasing each section’s membership in the Commission from three to four members. The notes are set out following the Convention.)
Great Lakes Fisheries Convention Act — F-17
(NOTE: Paragraph 1 of Article II was amended by an exchange of notes between the Governments of Canada and the United States, effective May 19, 1967, increasing each section’s membership in the Commission from three to four members. The notes are set out following the Convention.)
Great Lakes Fisheries Convention Act — F-17 1
1 At the first meeting of the Commission and at every second subsequent annual meeting thereafter the members shall select from among themselves a Chairman and a Vice-Chairman, each of whom shall hold office from the close of the annual meeting at which he has been selected until the close of the second annual meeting thereafter. The Chairman shall be selected from one Section and the Vice-Chairman from the other Section. The offices of Chairman and Vice-Chairman shall alternate biennially between the Sections.
Great Lakes Fisheries Convention Act — F-17 2
2 The seat of the Commission shall be at such place in the Great Lakes area as the Commission may designate.
Great Lakes Fisheries Convention Act — F-17 3
3 The Commission shall hold a regular annual meeting at such place as it may decide. It may hold such other meetings as may be agreed upon by the Chairman and Vice-Chairman and at such time and place as they may designate.
Great Lakes Fisheries Convention Act — F-17 4
4 The Commission shall authorize the disbursement of funds for the joint expenses of the Commission and may employ personnel and acquire facilities necessary for the performance of its duties.
Great Lakes Fisheries Convention Act — F-17 5
5 The Commission shall make such rules and by-laws for the conduct of its meetings and for the performance of its duties and such financial regulations as it deems necessary.
Great Lakes Fisheries Convention Act — F-17 6
6 The Commission may appoint an Executive Secretary upon such terms as it may determine.
Great Lakes Fisheries Convention Act — F-17 7
7 The staff of the Commission may be appointed by the Executive Secretary in the manner determined by the Commission or appointed by the Commission itself on terms to be determined by it.
Great Lakes Fisheries Convention Act — F-17 8
8 The Executive Secretary shall, subject to such rules and procedures as may be determined by the Commission, have full power and authority over the staff and shall perform such functions as the Commission may prescribe. If the office of Executive Secretary is vacant, the Commission shall prescribe who shall exercise such power or authority.
Great Lakes Fisheries Convention Act — F-17 (a)
The Commission shall have the following duties: (a) to formulate a research program or programs designed to determine the need for measures to make possible the maximum sustained productivity of any stock of fish in the Convention Area which, in the opinion of the Commission, is of common concern to the fisheries of Canada and the United States of America and to determine what measures are best adapted for such purpose; (b) to coordinate research made pursuant to such programs and, if necessary, to undertake such research itself; (c) to recommend appropriate measures to the Contracting Parties on the basis of the findings of such research programs; (d) to formulate and implement a comprehensive program for the purpose of eradicating or minimizing the sea lamprey populations in the Convention Area; and (e) to publish or authorize the publication of scientific and other information obtained by the Commission in the performance of its duties.
Great Lakes Fisheries Convention Act — F-17 (a)
(a) to formulate a research program or programs designed to determine the need for measures to make possible the maximum sustained productivity of any stock of fish in the Convention Area which, in the opinion of the Commission, is of common concern to the fisheries of Canada and the United States of America and to determine what measures are best adapted for such purpose;
Great Lakes Fisheries Convention Act — F-17 (b)
(b) to coordinate research made pursuant to such programs and, if necessary, to undertake such research itself;
Great Lakes Fisheries Convention Act — F-17 (c)
(c) to recommend appropriate measures to the Contracting Parties on the basis of the findings of such research programs;
Great Lakes Fisheries Convention Act — F-17 (d)
(d) to formulate and implement a comprehensive program for the purpose of eradicating or minimizing the sea lamprey populations in the Convention Area; and
Great Lakes Fisheries Convention Act — F-17 (e)
(e) to publish or authorize the publication of scientific and other information obtained by the Commission in the performance of its duties.
Great Lakes Fisheries Convention Act — F-17 (a)
In order to carry out the duties set forth in Article IV, the Commission may: (a) conduct investigations; (b) take measures and install devices in the Convention Area and the tributaries thereof for lamprey control; and (c) hold public hearings in Canada and the United States of America.
Great Lakes Fisheries Convention Act — F-17 (b)
(b) take measures and install devices in the Convention Area and the tributaries thereof for lamprey control; and
Great Lakes Fisheries Convention Act — F-17 (c)
(c) hold public hearings in Canada and the United States of America.
Great Lakes Fisheries Convention Act — F-17 1
1 In the performance of its duties, the Commission shall, in so far as feasible, make use of the official agencies of the Contracting Parties and of their Provinces or States and may make use of private or other public organizations, including international organizations, or of any person.