GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Fisheries Act — F-14 9.6
Inconsistency 9.6 If there is an inconsistency between a fisheries management order and any regulations made under this Act, orders issued under those regulations or conditions of any lease or licence issued under this Act, the fisheries management order prevails to the extent of the inconsistency. 2019, c. 14, s. 11
Fisheries Act — F-14 9.7
Statutory Instruments Act 9.7 Orders made under section 9.1 are not statutory instruments for the purposes of the Statutory Instruments Act . 2019, c. 14, s. 11
Fisheries Act — F-14 10
Allocation of fish 10 (1) For the proper management and control of fisheries and the conservation and protection of fish, the Minister may determine a quantity of fish or of fishing gear and equipment that may be allocated for the purpose of financing scientific and fisheries management activities that are described in a joint project agreement entered into with any person or body, or any federal or provincial minister, department or agency. Quantity in licence (2) The Minister may specify, in a licence issued under this Act, a quantity of fish or of fishing gear and equipment allocated for the purpose of financing those activities. R.S., 1985, c. F-14, s. 10; 1991, c. 1, s. 3; 2012, c. 19, s. 411
Fisheries Act — F-14 11
Fees for services or use of facilities 11 (1) The Minister may fix, by regulation, the fees to be paid for a service or the use of a facility provided under this Act by him or her, the Department of Fisheries and Oceans or any board or agency of the Government of Canada for which he or she has responsibility. Amount not to exceed cost (2) Fees that are fixed under subsection (1) shall not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility. R.S., 1985, c. F-14, s. 11; 1991, c. 1, s. 3 2019, c. 14, s. 12
Fisheries Act — F-14 12
Fees for products or cost recovery 12 (1) The Minister may fix, by regulation, fees in respect of the products provided or the recovery, in whole or in part, of costs that are incurred in relation to the administration of this Act by him or her, the Department of Fisheries and Oceans or any board or agency of the Government of Canada for which he or she has responsibility. Amount not to exceed cost (2) Fees in respect of the product or recovery of costs that are fixed under subsection (1) shall not exceed the cost to Her Majesty in right of Canada of providing the product or recovering of costs. R.S., 1985, c. F-14, s. 12; 1991, c. 1, s. 3 2019, c. 14, s. 12
Fisheries Act — F-14 13
Fees for rights and privileges 13 Subject to section 8, the Minister may fix, by regulation, fees payable in respect of a conferral, by means of a permit or authorization, of a right or privilege provided under this Act. R.S., 1985, c. F-14, s. 13; 1991, c. 1, s. 3 2019, c. 14, s. 12
Fisheries Act — F-14 14
Fees for providing regulatory processes 14 (1) The Minister may fix, by regulation, fees in respect of the provision of regulatory processes under this Act by him or her, the Department of Fisheries and Oceans or any board or agency of the Government of Canada for which he or she has responsibility. Amount (2) Fees that are fixed under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable expenses incurred by Her Majesty for the purpose of providing regulatory processes under this Act. R.S., 1985, c. F-14, s. 14; 1991, c. 1, s. 3 2019, c. 14, s. 12
Fisheries Act — F-14 15
Periodic adjustment 15 Regulations made under any of sections 11 to 14 may provide for the periodic adjustment of the fees referred to in those sections. R.S., 1985, c. F-14, s. 15; 1991, c. 1, s. 3 2019, c. 14, s. 12
Fisheries Act — F-14 16
Proceeds of fees — provinces 16 Any fees charged in relation to the issuance of a licence by an employee of a provincial government belong to Her Majesty in right of that province. R.S., 1985, c. F-14, s. 16; 1991, c. 1, s. 3 2019, c. 14, s. 12
Fisheries Act — F-14 18
Licences for lobster pounds 18 (1) No one shall maintain a pound or enclosure in which lobsters, legally caught during the open season, are retained for sale during the close season at a place where the pound or enclosure is located, or for export therefrom, except under a licence from the Minister, and no lobsters shall be taken from any such pound or enclosure and disposed of during the close season at the place where it is located, except under a certificate from a fishery officer or fishery guardian, setting out the pound or enclosure from which the lobsters were taken and that they had been legally caught during the open season. Marking of pounds (2) Each pound or enclosure referred to in subsection (1) shall be marked with the name of the licensee and the number of his licence, and the marking shall be in black on a white ground, with letters and figures that are at least six inches in height. Fee (3) The annual fee for a licence referred to in subsection (1) shall be seventy-five dollars. R.S., c. F-14, s. 18
Fisheries Act — F-14 21
Devices to prevent escape of fish 21 (1) The Minister may authorize the installation and maintenance of fish guards, screens, coverings, netting or other devices in waters to prevent fish held for breeding from escaping or for any other purpose that the Minister considers to be in the public interest. Removal (2) No person shall damage, remove or authorize the removal of such a fish guard, screen, covering, netting or other device, unless they are authorized to do so by the Minister. R.S., 1985, c. F-14, s. 21; 2012, c. 19, s. 136
Fisheries Act — F-14 23
Fishing in limits leased to another prohibited 23 No one shall fish for, take, catch or kill fish in any water, along any beach or within any fishery described in any lease or licence, or place, use, draw or set therein any fishing gear or apparatus, except by permission of the occupant under the lease or licence for the time being, or shall disturb or injure any such fishery. R.S., 1985, c. F-14, s. 23 2019, c. 14, s. 14(F)
Fisheries Act — F-14 23.1
Taking cetaceans into captivity 23.1 (1) Subject to subsection (2), no one shall fish for a cetacean with the intent to take it into captivity. Exception (2) The Minister may, subject to any conditions that he or she may specify, authorize a person to fish for a cetacean with the intent to take it into captivity if he or she is of the opinion that the circumstances so require, including when the cetacean is injured or in distress or is in need of care. 2019, c. 14, s. 15
Fisheries Act — F-14 23.2
Importation and exportation — cetaceans 23.2 (1) No person shall import into Canada or export from Canada, or attempt to import or export, a living cetacean or sperm, an egg or an embryo of a cetacean, except in accordance with a permit issued under subsection (2). Issuance of permit (2) The Minister may issue a permit authorizing the importation or exportation of a living cetacean or sperm, an egg or an embryo of a cetacean and impose any conditions that the Minister considers appropriate in the permit, if the importation or exportation is for the purpose of (a) conducting scientific research; or (b) keeping the cetacean in captivity if it is in the best interests of the cetacean’s welfare to do so. Amendment, suspension or cancellation (3) The Minister may amend, suspend or cancel a permit issued under subsection (2). 2019, c. 14, s. 15
Fisheries Act — F-14 23.3
Exception to the Criminal Code — scientific research 23.3 (1) Subsection 445.2(2) of the Criminal Code does not apply to a person who conducts scientific research in accordance with a licence issued by the Minister under subsection (2). Issuance of licence (2) The Minister may issue a licence authorizing any person to conduct scientific research with respect to cetaceans and impose any conditions that the Minister considers appropriate in the licence. 2019, c. 14, s. 58.1
Fisheries Act — F-14 23.4
Exception to the Criminal Code — cetacean’s captivity in its best interests 23.4 (1) Paragraph 445.2(2)(a) of the Criminal Code does not apply to a person who keeps a cetacean in captivity in the best interests of the cetacean’s welfare in accordance with a licence issued by the Minister under subsection (2). Issuance of licence (2) The Minister may issue a licence authorizing any person to keep a cetacean in captivity in the best interests of the cetacean’s welfare and impose any conditions that the Minister considers appropriate in the licence. 2019, c. 14, s. 58.1
Fisheries Act — F-14 23.5
Exception to the Criminal Code — scientific research by federal employees 23.5 Subsection 445.2(2) of the Criminal Code does not apply to the employees of any federal entity set out in Schedules I to V of the Financial Administration Act who are performing their duties or functions in relation to scientific research with respect to cetaceans and to persons who are assisting them. 2019, c. 14, s. 58.1
Fisheries Act — F-14 23.6
Exception to the Criminal Code — federal employees keeping cetaceans in captivity 23.6 Paragraph 445.2(2)(a) of the Criminal Code does not apply to the employees of any federal entity set out in Schedules I to V of the Financial Administration Act who are performing their duties or functions in relation to the keeping of a cetacean in captivity in the best interests of the cetacean’s welfare and to persons who are assisting them. 2019, c. 14, s. 58.1
Fisheries Act — F-14 24
Seines, nets, etc., not to obstruct navigation 24 Seines, nets or other fishing apparatus shall not be set or used in such a manner or in such a place that they or any equipment that is attached to any of them obstructs the navigation of boats and vessels and no boats or vessels shall destroy or wantonly injure in any way seines, nets or other fishing apparatus lawfully set or used or any equipment that is attached to any of them. R.S., 1985, c. F-14, s. 24 2019, c. 14, s. 15
Fisheries Act — F-14 25
Setting gear during close time 25 (1) Subject to the regulations, no person shall place or set any fishing gear or apparatus in any water, along any beach or within any fishery during a close time. Removal of gear (2) Subject to the regulations and subsection (3), any person who places or sets any fishing gear or apparatus in any water, along any beach or within any fishery shall remove it when the gear or apparatus is not being tended and prior to the commencement of a close time. Officer’s discretion (3) A fishery officer may permit fishing gear or apparatus to remain in the water, along a beach or within a fishery after the commencement of a close time for any period the fishery officer considers necessary to permit the removal of the gear or apparatus. R.S., 1985, c. F-14, s. 25; 1991, c. 1, s. 6 2019, c. 14, s. 16(F)
Fisheries Act — F-14 29
Obstructing passage of fish or waters 29 (1) No person shall, for the purpose of fishing, place, erect, use or maintain any seine, net, weir or other fishing gear or apparatus, or any log, rock or material of any kind that (a) unduly obstructs the passage of fish in any Canadian fisheries waters, whether subject to any exclusive right of fishery or not; or (b) obstructs more than two thirds of the width of any river or stream or more than one third of the width of the main channel at low tide of any tidal stream. Removal (2) The Minister or a fishery officer may order the removal of or remove any seine, net, weir or other fishing gear or apparatus, or any log, rock or material of any kind that, in the opinion of the Minister or fishery officer, results in an obstruction referred to in paragraph (1)(a) or (b). Tidal streams (3) For the purposes of paragraph (1)(b), if a tidal stream has no main channel at low tide, then the tidal stream’s width is considered to be the width of its main channel. R.S., 1985, c. F-14, s. 29; 2012, c. 31, s. 173 2019, c. 14, s. 18
Fisheries Act — F-14 31
Permit required 31 (1) No one shall catch, fish for, take, buy, sell, possess or export any fish for the purposes of converting it into fish meal, manure, guano or fertilizer, or for the manufacture or conversion of the fish into oil, fish meal or manure or other fertilizing product, except under authority of the Minister. Exception by Minister (2) The Minister may, by notice published in the Canada Gazette , except any kind or kinds of fish from the operation of all or any part of subsection (1). R.S., c. F-14, s. 29
Fisheries Act — F-14 32
Shark finning 32 (1) No person shall engage in the practice of shark finning. Definition of shark finning (2) In this section, shark finning means the practice of removing the fins from a shark and discarding the remainder of the shark while at sea. R.S., 1985, c. F-14, s. 32; 2012, c. 19, s. 139 2019, c. 14, s. 18.1
Fisheries Act — F-14 32.1
Importation and exportation 32.1 (1) No person shall import into Canada or export from Canada, or attempt to so import or export, any shark fins or parts of shark fins that are not attached to a shark carcass except in accordance with a permit issued under subsection (2). Issuance of permit (2) The Minister may issue a permit authorizing the importation or exportation into or from Canada of any shark fins or parts of shark fins that are not attached to a shark carcass and impose any conditions that the Minister considers appropriate in the permit (a) if the importation or exportation is for the purpose of scientific research relating to shark conservation; and (b) if, in the Minister’s opinion, the scientific research is likely to benefit the survival of any shark species or is required to enhance the chances of survival of any shark species in the wild. Amendment, suspension or cancellation (3) The Minister may amend, suspend or cancel a permit issued under subsection (2). 2019, c. 14, s. 18.1
Fisheries Act — F-14 33
Unlawful sale or possession 33 No person shall purchase, sell or possess any fish that has been caught in contravention of this Act or the regulations. R.S., 1985, c. F-14, s. 33; 1991, c. 1, s. 8
Fisheries Act — F-14 33.1
Definition of “fishing plan” 33.1 (1) In this section, fishing plan means a Nisga’a annual fishing plan, as defined in the Fisheries Chapter of the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act , that is approved, or varied and approved, by the Minister in accordance with that Agreement. Contravention of fishing plan (2) Where a fishing plan stipulates that this subsection applies to certain of its provisions relating to persons engaged in harvesting, sale or related activities, no person shall contravene any of those provisions. Conditions of prosecution (3) No proceedings may be commenced in respect of an offence for the contravention of subsection (2) (a) except in accordance with an agreement, made under paragraph 93 of the Fisheries Chapter of the Nisga’a Final Agreement, concerning enforcement of federal laws or Nisga’a laws; or (b) unless the Minister, or a person appointed to a position in the Department of Fisheries and Oceans who is authorized by the Minister, considers such proceedings to be necessary to ensure compliance with the fishing plan. 2000, c. 7, s. 23
Fisheries Act — F-14 34
Definitions 34 (1) The following definitions apply in this section and sections 34.1 to 42.5. deleterious substance means (a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water, or (b) any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water, and without limiting the generality of the foregoing includes (c) any substance or class of substances prescribed pursuant to paragraph (2)(a), (d) any water that contains any substance or class of substances in a quantity or concentration that is equal to or in excess of a quantity or concentration prescribed in respect of that substance or class of substances pursuant to paragraph (2)(b), and (e) any water that has been subjected to a treatment, process or change prescribed pursuant to paragraph (2)(c); ( substance nocive ) deposit means any discharging, spraying, releasing, spilling, leaking, seeping, pouring, emitting, emptying, throwing, dumping or placing; ( immersion ou rejet ) designated project means a project that is designated by regulations made under paragraph 43(1)(i.5) or that belongs to a class of projects that is designated by those regulations and that consists of works, undertakings or activities, including any works, undertakings or activities that the Minister designates to be associated with the project; ( projet désigné ) ecologically significant area means an area designated by regulations made under subsection 35.2(2); ( zone d’importance écologique ) fish habitat [Repealed, 2012, c. 19, s. 141] water frequented by fish means Canadian fisheries waters. ( eaux où vivent des poissons ) Regulations for purpose of definition deleterious substance (2) The Governor in Council may make regulations prescribing (a) substances and classes of substances, (b) quantities or concentrations of substances and classes of substances in water, and (c) treatments, processes and changes of water for the purpose of paragraphs (c) to (e) of the definition deleterious substance in subsection (1). Application — Designated project (3) Any provision of this Act that applies to works, undertakings or activities also applies to the works, undertakings or activities of a designated project, except paragraphs 34.4(2)(a) to (c) and (e) and 35(2)(a) to (c) and (e). R.S., 1985, c. F-14, s. 34; 2012, c. 19, s. 141 2019, c. 14, s. 20
Fisheries Act — F-14 (a)
deleterious substance means (a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water, or (b) any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water, and without limiting the generality of the foregoing includes (c) any substance or class of substances prescribed pursuant to paragraph (2)(a), (d) any water that contains any substance or class of substances in a quantity or concentration that is equal to or in excess of a quantity or concentration prescribed in respect of that substance or class of substances pursuant to paragraph (2)(b), and (e) any water that has been subjected to a treatment, process or change prescribed pursuant to paragraph (2)(c); ( substance nocive )
Fisheries Act — F-14
deposit means any discharging, spraying, releasing, spilling, leaking, seeping, pouring, emitting, emptying, throwing, dumping or placing; ( immersion ou rejet )
Fisheries Act — F-14
designated project means a project that is designated by regulations made under paragraph 43(1)(i.5) or that belongs to a class of projects that is designated by those regulations and that consists of works, undertakings or activities, including any works, undertakings or activities that the Minister designates to be associated with the project; ( projet désigné )
Fisheries Act — F-14
ecologically significant area means an area designated by regulations made under subsection 35.2(2); ( zone d’importance écologique )
Fisheries Act — F-14
fish habitat [Repealed, 2012, c. 19, s. 141]
Fisheries Act — F-14
water frequented by fish means Canadian fisheries waters. ( eaux où vivent des poissons )
Fisheries Act — F-14 34.1
Factors 34.1 (1) Before recommending to the Governor in Council that a regulation be made in respect of section 34.4, 35 or 35.1 or under subsection 35.2(10), 36(5) or (5.1), paragraph 43(1)(b.2) or subsection 43(5) or before exercising any power under subsection 34.3(2), (3) or (7), paragraph 34.4(2)(b) or (c), subsection 34.4(4), paragraph 35(2)(b) or (c) or subsection 35(4), 35.1(3), 35.2(7) or 36(5.2), or under subsection 37(2) with regard to an offence under subsection 40(1), the Minister, prescribed person or prescribed entity, as the case may be, shall consider the following factors: (a) the contribution to the productivity of relevant fisheries by the fish or fish habitat that is likely to be affected; (b) fisheries management objectives; (c) whether there are measures and standards (i) to avoid the death of fish or to mitigate the extent of their death or offset their death, or (ii) to avoid, mitigate or offset the harmful alteration, disruption or destruction of fish habitat; (d) the cumulative effects of the carrying on of the work, undertaking or activity referred to in a recommendation or an exercise of power, in combination with other works, undertakings or activities that have been or are being carried on, on fish and fish habitat; (e) any fish habitat banks, as defined in section 42.01, that may be affected; (f) whether any measures and standards to offset the harmful alteration, disruption or destruction of fish habitat give priority to the restoration of degraded fish habitat; (g) Indigenous knowledge of the Indigenous peoples of Canada that has been provided to the Minister; and (h) any other factor that the Minister considers relevant. Application of subsection (1) (2) The obligation to consider the factors set out in subsection (1) applies only to the recommendations and powers that continue to be made or exercised by the Minister after an order is made under subsection 43.2(1) that sets out the powers, duties or functions that the designated minister may exercise or perform. 2019, c. 14, s. 21
Fisheries Act — F-14 34.2
Standards and codes of practice 34.2 (1) The Minister may establish standards and codes of practice for (a) the avoidance of death to fish and harmful alteration, disruption or destruction of fish habitat; (b) the conservation and protection of fish or fish habitat; and (c) the prevention of pollution. Content (2) The standards and codes of practice may specify procedures, practices or standards in relation to works, undertakings and activities during any phase of their construction, operation, modification, decommissioning or abandonment. Consultation (3) Before establishing any standards and codes of practice, the Minister may consult with any provincial government, any Indigenous governing body, any government department or agency or any persons interested in the protection of fish or fish habitat and the prevention of pollution. Publication (4) The Minister shall publish any standards and codes of practice established under this section, or give notice of them, in the Canada Gazette and he or she may also do so in any other manner that he or she considers appropriate. 2019, c. 14, s. 21