GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Fisheries Act — F-14 34.4
Death of fish 34.4 (1) No person shall carry on any work, undertaking or activity, other than fishing, that results in the death of fish. Exception (2) A person may carry on a work, undertaking or activity without contravening subsection (1) if (a) the work, undertaking or activity is a prescribed work, undertaking or activity or belongs to a prescribed class of works, undertakings or activities, as the case may be, or is carried on in or around prescribed Canadian fisheries waters, and the work, undertaking or activity is carried on in accordance with the prescribed conditions; (b) the carrying on of the work, undertaking or activity is authorized by the Minister and the work, undertaking or activity is carried on in accordance with the conditions established by the Minister; (c) the carrying on of the work, undertaking or activity is authorized by a prescribed person or prescribed entity and the work, undertaking or activity is carried on in accordance with the conditions set out in the authorization; (d) the death results from the doing of anything that is authorized, permitted or required under this Act; (e) the work, undertaking or activity is carried on in accordance with the regulations; (f) the work, undertaking or activity is carried on in accordance with a permit issued under subsection 35.1(3), in the case of a work, undertaking or activity that is part of a designated project and that is designated by the Minister under subsection 35.1(2); or (g) the work, undertaking or activity is a prescribed work, undertaking or activity under paragraph 35.2(10)(a) or belongs to a prescribed class of works, undertakings or activities under that paragraph, as the case may be, and carried on in an ecologically significant area in accordance with an authorization issued under subsection 35.2(7). Other conditions (3) The prescribed person or prescribed entity referred to in paragraph (2)(c) may, in addition to the prescribed classes of conditions impose, subject to the regulations, any other conditions that they consider appropriate in the circumstances. Regulations (4) The Minister may, for the purposes of paragraph (2)(a) and subject to paragraph 43(1)(i.1), make regulations prescribing anything that is authorized to be prescribed. Amendment, suspension or cancellation — paragraph (2)(b) (5) The Minister may amend, suspend or cancel an authorization issued under paragraph (2)(b). Amendment, suspension or cancellation — paragraph (2)(c) (6) A prescribed person or prescribed entity referred to in paragraph (2)(c) may amend, suspend or cancel an authorization issued under that paragraph. 2019, c. 14, s. 21
Fisheries Act — F-14 35
Harmful alteration, disruption or destruction of fish habitat 35 (1) No person shall carry on any work, undertaking or activity that results in the harmful alteration, disruption or destruction of fish habitat. Exception (2) A person may carry on a work, undertaking or activity without contravening subsection (1) if (a) the work, undertaking or activity is a prescribed work, undertaking or activity or belongs to a prescribed class of works, undertakings or activities, as the case may be, or is carried on in or around prescribed Canadian fisheries waters, and the work, undertaking or activity is carried on in accordance with the prescribed conditions; (b) the carrying on of the work, undertaking or activity is authorized by the Minister and the work, undertaking or activity is carried on in accordance with the conditions established by the Minister; (c) the carrying on of the work, undertaking or activity is authorized by a prescribed person or prescribed entity and the work, undertaking or activity is carried on in accordance with the conditions set out in the authorization; (d) the harmful alteration, disruption or destruction results from the doing of anything that is authorized, permitted or required under this Act; (e) the work, undertaking or activity is carried on in accordance with the regulations; (f) the work, undertaking or activity is carried on in accordance with a permit issued under subsection 35.1(3), in the case of a work, undertaking or activity that is part of a designated project and that is designated by the Minister under subsection 35.1(2); or (g) the work, undertaking or activity is a prescribed work, undertaking or activity under paragraph 35.2(10)(a) or belongs to a prescribed class of works, undertakings or activities under that paragraph, as the case may be, and is carried on in an ecologically significant area in accordance with an authorization issued under subsection 35.2(7). Other conditions (3) The prescribed person or prescribed entity referred to in paragraph (2)(c) may, in addition to the prescribed classes of conditions impose, subject to the regulations, any other conditions that they consider appropriate in the circumstances. Regulations (4) The Minister may, for the purposes of paragraph (2)(a) and subject to paragraph 43(1)(i.1), make regulations prescribing anything that is authorized to be prescribed. Amendment, suspension or cancellation — paragraph (2)(b) (5) The Minister may amend, suspend or cancel an authorization issued under paragraph (2)(b). Amendment, suspension or cancellation — paragraph (2)(c) (6) A prescribed person or prescribed entity referred to in paragraph (2)(c) may amend, suspend or cancel an authorization issued under that paragraph. R.S., 1985, c. F-14, s. 35; 2012, c. 19, s. 142 2019, c. 14, s. 22 2019, c. 14, s. 50(E)
Fisheries Act — F-14 35.1
Designated project 35.1 (1) The Minister may designate, as a work, undertaking or activity that is associated with a designated project, any work, undertaking or activity that the Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat. Work, undertaking or activity designated by Minister (2) The Minister shall designate any work, undertaking or activity that is part of a designated project and that the Minister considers likely to result in the death of fish or the harmful alteration, disruption or destruction of fish habitat. Issuance of permit (3) The Minister may issue a permit to carry on any work, undertaking or activity designated under subsection (2) and attach any conditions to it. Prohibition (4) No person shall carry on any work, undertaking or activity that is designated under subsection (2) except in accordance with a permit issued under subsection (3). Amendment, suspension or cancellation (5) The Minister may amend, suspend or cancel a permit issued under subsection (3). 2019, c. 14, s. 23
Fisheries Act — F-14 36
of deleterious substances into waters or places falling within a class of waters or places; (c) authorizing the deposit of deleterious substances resulting from a work, undertaking or activity falling within a class of works, undertakings or activities; (d) establishing conditions, which may include conditions with respect to quantity or concentration, for the deposit of deleterious substances referred to in paragraphs (a) to (c); and (e) establishing, for the purposes of paragraphs (a) to (c), classes of (i) deleterious substances, (ii) waters and places, and (iii) works, undertakings and activities. Directions by the Minister (6) A person authorized to deposit a deleterious substance by or under regulations made under subsection (5) or (5.2) shall, when directed by the Minister, despite any regulations made under paragraph (5)(e) or (5.2)(d) or any conditions set out in an authorization made under paragraph (5)(f), conduct any sampling, analyses, tests, measurements or monitoring, install or operate any equipment or comply with any procedures, and report any information, that is required by the Minister in order to determine whether the person is depositing the deleterious substance in the manner authorized. R.S., 1985, c. F-14, s. 36; 2012, c. 19, s. 143
Fisheries Act — F-14 39
Search 39 (1) A fishery officer or inspector who has a warrant issued under subsection (2) in which the officer or inspector is named may enter any place or premises, including a vehicle or vessel — other than a private dwelling-place or any part of any place or premises, including a vehicle or vessel, used as a permanent or temporary private dwelling-place — in which the officer or inspector has reasonable grounds to believe that an offence under subsection 40(1), (2) or (3) is being or has been committed and search the place, premises, vehicle or vessel for evidence of the offence. Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing any fishery officer or inspector named in the warrant to enter and search any place or premises referred to in subsection (1), subject to any conditions that are specified in the warrant, if the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in the place or premises (a) anything on or in respect of which an offence under subsection 40(1), (2) or (3) is being or has been committed; or (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence under subsection 40(1), (2) or (3). Use of force (3) In executing a warrant issued under subsection (2), an inspector named in the warrant may use force only if they are accompanied by a peace officer and the use of force has been specifically authorized in the warrant. When warrant not necessary (4) A fishery officer or inspector may exercise the powers of entry and search referred to in subsection (1) without a warrant issued under subsection (2) if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant. Exigent circumstances (5) For the purposes of subsection (4), exigent circumstances include circumstances in which the delay necessary to obtain a warrant would result in danger to human life or safety or the loss or destruction of evidence. R.S., 1985, c. F-14, s. 39; 1991, c. 1, s. 9; 2012, c. 19, s. 146
Fisheries Act — F-14 39.1
Exercise of powers 39.1 Every power that may be exercised in Canada by an inspector under this Act may be exercised anywhere this Act applies. 2019, c. 14, s. 26
Fisheries Act — F-14 40
carries on any work, undertaking or activity that is a part of a designated project in contravention of subsection 35.1(4), or (k) carries on, in contravention of subsection 35.2(1), any work, undertaking or activity prescribed under paragraph 35.2(10)(a), is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding two hundred thousand dollars and, for any subsequent offence, to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding six months, or to both. (4) [Repealed, 1991, c. 1, s. 10] Matters of proof (5) For the purpose of any proceedings for an offence under any of subsections (1), (2) and (3), (a) the death of fish takes place whether or not any act or omission resulting in the death is intentional; (a.1) a harmful alteration, disruption or destruction of fish habitat takes place whether or not an act or omission resulting in the alteration, disruption or destruction is intentional; (a.2) a deposit as defined in subsection 34(1) takes place whether or not any act or omission resulting in the deposit is intentional; and (b) no water is water frequented by fish , as defined in subsection 34(1), where proof is made that at all times material to the proceedings the water is not, has not been and is not likely to be frequented in fact by fish. Application of fines (6) All fines received by the Receiver General in respect of the commission of an offence under this section are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to the conservation and protection of fish or fish habitat or the restoration of fish habitat, or for administering that Fund. Recommendations of court (7) The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or an organization specified by the court for a purpose referred to in subsection (6). R.S., 1985, c. F-14, s. 40; 1991, c. 1, s. 10; 2012, c. 19, s. 147, c. 31, s. 174 2019, c. 14, s. 27
Fisheries Act — F-14 41
41 (1) to (3) [Repealed, 1991, c. 1, s. 11] Action to enjoin not prejudiced by prosecution (4) Notwithstanding that a prosecution has been instituted in respect of an offence under section 40, the Attorney General of Canada may commence and maintain proceedings to enjoin anything punishable as an offence under that section. R.S., 1985, c. F-14, s. 41; 1991, c. 1, s. 11
Fisheries Act — F-14 42.01
Definitions 42.01 The following definitions apply in this section and sections 42.02 to 42.04. conservation project means a work, undertaking or activity that is carried on by a proponent for the purpose of creating, restoring or enhancing fish habitat within a service area in order to acquire habitat credits. ( projet de conservation ) fish habitat bank means an area of a fish habitat that has been created, restored or enhanced by the carrying on of one or more conservation projects within a service area and in respect of which area the Minister has certified any habitat credit under paragraph 42.02(1)(b). ( réserve d’habitats ) habitat credit means a unit of measure that is agreed to between any proponent and the Minister under section 42.02 that quantifies the benefits of a conservation project. ( crédit d’habitat ) proponent means a person who proposes the carrying on of a conservation project and any other work, undertaking or activity within a proposed service area. ( promoteur ) service area means the geographical area that encompasses a fish habitat bank and one or more conservation projects and within which area a proponent carries on a work, undertaking or activity. ( zone de service ) 2019, c. 14, s. 28
Fisheries Act — F-14
conservation project means a work, undertaking or activity that is carried on by a proponent for the purpose of creating, restoring or enhancing fish habitat within a service area in order to acquire habitat credits. ( projet de conservation )
Fisheries Act — F-14
fish habitat bank means an area of a fish habitat that has been created, restored or enhanced by the carrying on of one or more conservation projects within a service area and in respect of which area the Minister has certified any habitat credit under paragraph 42.02(1)(b). ( réserve d’habitats )
Fisheries Act — F-14
habitat credit means a unit of measure that is agreed to between any proponent and the Minister under section 42.02 that quantifies the benefits of a conservation project. ( crédit d’habitat )
Fisheries Act — F-14
proponent means a person who proposes the carrying on of a conservation project and any other work, undertaking or activity within a proposed service area. ( promoteur )
Fisheries Act — F-14
service area means the geographical area that encompasses a fish habitat bank and one or more conservation projects and within which area a proponent carries on a work, undertaking or activity. ( zone de service )
Fisheries Act — F-14 42.02
Arrangements respecting fish habitat banks 42.02 (1) For the purposes of sections 42.01 to 42.04, the Minister may (a) establish a system for the creation, allocation and management of a proponent’s habitat credits in relation to a conservation project; and (b) issue a certificate to the proponent respecting the validity of any habitat credit acquired from the carrying on of a conservation project. Arrangements (2) In exercising the powers referred to in subsection (1), the Minister may enter into arrangements with any proponent. Contents (3) An arrangement referred to in subsection (2) shall include, among other things, (a) any document and other information that describes the proposed fish habitat bank, conservation project and service area; (b) a written confirmation that the Department of Fisheries and Oceans and anyone authorized to act on the Department’s behalf is authorized to access the site of the conservation project for the term of the arrangement; (c) a description of the administration, management and general operation of the arrangement by the parties, including (i) a procedure for proposing a conservation project and an approval process, (ii) a habitat credit certification process, (iii) a process for habitat credit evaluation and any re-evaluation that may be required by the Minister, (iv) habitat credit accounting procedures respecting the habitat credit ledger, (v) progress reports on the conservation project, and (vi) any other relevant matters respecting the administration of the arrangement; (d) reports on the performance of the arrangement; (e) the form and manner in which the arrangement may be amended; (f) the date on which the arrangement comes into force; and (g) the signatures of the parties. 2019, c. 14, s. 28
Fisheries Act — F-14 42.03
Use of habitat credit within service area 42.03 A proponent may only use their certified habitat credits in respect of a fish habitat bank within a service area to offset the adverse effects on fish or fish habitat from the carrying on of a work, undertaking or activity authorized or permitted to be carried on in that service area. 2019, c. 14, s. 28
Fisheries Act — F-14 42.04
Regulations 42.04 The Governor in Council may make regulations (a) respecting the establishment of a system for the creation, allocation and management of habitat credits referred to in paragraph 42.02(1)(a); (b) respecting the issuance of a certificate of validity of any habitat credit referred to in paragraph 42.02(1)(b); and (c) respecting an arrangement with any proponent. 2019, c. 14, s. 28
Fisheries Act — F-14 42.1
Annual report 42.1 (1) 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 and enforcement of the provisions of this Act relating to fish and fish habitat protection and pollution prevention for that year. Statistical summary (2) The annual report shall include a statistical summary of convictions under section 40 for that year. 1991, c. 1, s. 11.1; 2012, c. 19, s. 148 2019, c. 14, s. 29
Fisheries Act — F-14 43
e under paragraph (1)(o) apply. Paragraph 43(1)(i.5) (4) Regulations made under paragraph (1)(i.5) may include as a criterion for designation the fact that a decision has been made under an Act of Parliament to subject the project to an impact assessment. Regulations exempting certain Canadian fisheries waters (5) The Governor in Council may make regulations exempting any Canadian fisheries waters from the application of sections 34.3, 34.4 and 35 and subsections 38(4) and (4.1). R.S., 1985, c. F-14, s. 43; R.S., 1985, c. 35 (1st Supp.), ss. 3, 7; 1991, c. 1, s. 12; 2012, c. 19, s. 149 2019, c. 14, s. 31 2019, c. 14, s. 50(E)
Fisheries Act — F-14 43.1
Recommendation 43.1 Orders and regulations under subsections 4.2(1) and (3), 34(2), 36(5) and (5.1), 37(3) and 38(9) and section 43 are made on the recommendation of the Minister or, if they are made for the purposes of and in relation to the subject matters set out in an order made under section 43.2, on the recommendation of the minister designated under that section. 2012, c. 19, s. 150
Fisheries Act — F-14 43.2
Designation 43.2 (1) The Governor in Council may, on the recommendation of the Minister and any other federal minister, by order, designate that other minister as the minister responsible for the administration and enforcement of subsections 36(3) to (6) for the purposes and in relation to the subject-matters set out in the order. Designated minister’s powers, duties and functions (2) The order may set out any powers, duties or functions of the Minister under this Act that the designated minister may exercise or perform — or any provisions of this Act in which a reference to the Minister is a reference to the designated minister — for the purposes of administering and enforcing subsections 36(3) to (6). 2012, c. 19, s. 150
Fisheries Act — F-14 43.3
Regulations — Minister 43.3 (1) The Minister may, for the purposes of the conservation and protection of marine biodiversity and with respect to any area of Canadian fisheries waters that he or she specifies, make regulations (a) prohibiting fishing of one or more species, populations, assemblages or stocks of fish; (b) prohibiting any type of fishing gear or equipment from being used; (c) prohibiting any type of fishing vessel from being used; (d) prescribing classes of persons in respect of whom the prohibitions set out in paragraphs (a) to (c) apply; and (e) prescribing types of fishing vessels in respect of which the prohibitions set out in paragraphs (a) and (b) apply. Inconsistency (2) If there is an inconsistency between regulations made by the Minister under subsection (1) and any regulations made by the Governor in Council under this Act, any orders issued under any regulations made by the Governor in Council under this Act or any conditions of any lease or licence issued under this Act, the regulations made by the Minister prevail to the extent of the inconsistency. 2019, c. 14, s. 32
Fisheries Act — F-14 43.4
Compliance with terms and conditions of licences, etc. 43.4 (1) Every person acting under the authority of a permission referred to in section 4 or a lease or licence, whether issued under this Act or provincial legislation, shall comply with any terms and conditions of the permission, lease or licence that are imposed under the authority of this Act. Statutory Instruments Act (2) The permissions, leases and licences referred to in subsection (1) — including their terms and conditions — are not statutory instruments for the purposes of the Statutory Instruments Act . Offence and punishment (3) Every person who contravenes subsection (1) (a) is guilty of an indictable offence and liable to a fine of not more than $500,000; or (b) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $100,000. 2019, c. 14, s. 32
Fisheries Act — F-14 44
Prohibition of harvesting of marine plants in certain cases 44 Except in accordance with the conditions of a licence issued by the Minister under section 45, no person shall harvest marine plants in the coastal waters of Canada in contravention of any regulation made under paragraph 46(1)(a). R.S., 1985, c. F-14, s. 44 2019, c. 14, s. 33
Fisheries Act — F-14 45
Licences 45 The Minister may, on receipt of an application made in accordance with the regulations, issue a licence to the applicant for the harvesting of marine plants in the coastal waters of Canada for a term not exceeding one year and on such conditions relating to (a) the nature of the gear and equipment to be used in the harvesting, (b) the manner in which the harvesting is to be carried out, (c) the quantity of marine plants authorized to be harvested thereunder, and (d) the area or areas within the coastal waters of Canada where the harvesting is to be carried out or where harvesting may not be carried out, as the Minister considers to be necessary for the protection and conservation of the marine plant resources of the coastal waters of Canada. R.S., c. 17(1st Supp.), s. 5