GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Fisheries Act — F-14 46
Regulations 46 (1) The Governor in Council may make regulations (a) prohibiting, subject to the conditions of any licence issued by the Minister under section 45, (i) the harvesting of marine plants or of any class of marine plants, (ii) the harvesting of marine plants or of any class of marine plants in quantities in excess of quantities specified in the regulations, or (iii) the harvesting of marine plants or of any class of marine plants in a manner specified in the regulations, in the coastal waters of Canada or any area or areas of the coastal waters of Canada specified in the regulations; (b) prohibiting, notwithstanding the conditions of any licence, the harvesting of marine plants or of any class of marine plants in any area or areas of the coastal waters of Canada for such period or periods as are specified in the regulations; (c) requiring persons to whom licences are issued under section 45 to maintain such books and records and to make such returns of information to the Minister as the Governor in Council deems necessary for the enforcement of this Act and the regulations; and (d) prescribing the fees to be paid for licences issued under section 45. Periodic adjustment (2) For greater certainty, regulations made under paragraph (1)(d) may provide for periodic adjustment of the fees referred to in that paragraph. R.S., 1985, c. F-14, s. 46 2019, c. 14, s. 34
Fisheries Act — F-14 47
Interpretation 47 For the purposes of sections 44 to 46, coastal waters of Canada means all Canadian fisheries waters not within the geographical limits of any province; ( eaux côtières du Canada ) harvest includes cut, take, dredge, rake or otherwise obtain; ( récolte ) marine plant includes all benthic and detached algae, marine flowering plants, brown algae, red algae, green algae and phytoplankton. ( plante marine ) R.S., c. 17(1st Supp.), s. 5
Fisheries Act — F-14
coastal waters of Canada means all Canadian fisheries waters not within the geographical limits of any province; ( eaux côtières du Canada )
Fisheries Act — F-14
harvest includes cut, take, dredge, rake or otherwise obtain; ( récolte )
Fisheries Act — F-14
marine plant includes all benthic and detached algae, marine flowering plants, brown algae, red algae, green algae and phytoplankton. ( plante marine )
Fisheries Act — F-14 48
Saving 48 Nothing in sections 44 to 47 shall be construed as preventing traditional harvesting of marine plants by Indigenous persons for their use as food. R.S., 1985, c. F-14, s. 48 2019, c. 14, s. 35
Fisheries Act — F-14 49.1
Search 49.1 (1) A fishery officer with a warrant issued under subsection (2) may enter and search any place, including any premises, vessel or vehicle, in which the officer believes on reasonable grounds there is (a) any work or undertaking that is being or has been carried on in contravention of this Act or the regulations; (b) any fish or other thing by means of or in relation to which this Act or the regulations have been contravened; or (c) any fish or other thing that will afford evidence in respect of a contravention of this Act or the regulations. Authority to issue warrant (2) Where on ex parte application a justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in any place referred to in subsection (1) any fish or other thing referred to in subsection (1), the justice may issue a warrant authorizing the fishery officer named in the warrant to enter and search the place for the thing subject to any conditions that may be specified in the warrant. Where warrant not necessary (3) Notwithstanding subsection (1), a fishery officer may exercise the power of search referred to in that subsection 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 (4) For the purposes of subsection (3), exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence. Powers during search (5) In carrying out a search of a place under this section, a fishery officer may exercise any power mentioned in subsection 49(1), (1.1) or (1.3). R.S., 1985, c. 31 (1st Supp.), s. 35; 1991, c. 1, s. 14
Fisheries Act — F-14 50
Arrest 50 Any fishery officer, fishery guardian or peace officer may arrest without warrant a person who that fishery officer, guardian or peace officer believes, on reasonable grounds, has committed an offence against this Act or any of the regulations, or whom he finds committing or preparing to commit an offence against this Act or any of the regulations. R.S., c. F-14, s. 36
Fisheries Act — F-14 51
Seizure of fishing vessel, etc. 51 A fishery officer or fishery guardian may seize any fishing vessel, vehicle, fish or other thing that the officer or guardian believes on reasonable grounds was obtained by or used in the commission of an offence under this Act or will afford evidence of an offence under this Act, including any fish that the officer or guardian believes on reasonable grounds (a) was caught, killed, processed, transported, purchased, sold or possessed in contravention of this Act or the regulations; or (b) has been intermixed with fish referred to in paragraph (a). R.S., 1985, c. F-14, s. 51; 1991, c. 1, s. 15
Fisheries Act — F-14 52
Entry by fishery officer 52 In the discharge of his duties, any fishery officer, fishery guardian or other person accompanying him or authorized to such effect by the fishery officer may enter on and pass through or over private property without being liable for trespass. R.S., c. F-14, s. 39
Fisheries Act — F-14 53
Disputes 53 Disputes between persons relating to fishing limits or claims to fishery stations, or relating to the position and use of nets and other fishing apparatus, shall be settled by the local fishery officer. R.S., 1985, c. F-14, s. 53 2019, c. 14, s. 37(F)
Fisheries Act — F-14 54
Distances between fisheries 54 Fishery officers may determine or prescribe the distance between each and every fishery and shall forthwith remove any fishing apparatus or materials that the owner neglects or refuses to remove, and the owner is liable for a contravention of this Act and for the cost of removing the apparatus and materials and any damages that may result therefrom. R.S., 1985, c. F-14, s. 54 2019, c. 14, s. 37(F)
Fisheries Act — F-14 55
Boundaries of estuary fishing 55 The Minister, or any fishery officer duly authorized by the Minister, has power to define the boundaries of tidal waters and estuaries and to designate what is the mouth of any river, stream or other water for the purposes of this Act. R.S., c. F-14, s. 42
Fisheries Act — F-14 56
Gurry grounds 56 Gurry grounds may be designated or defined by any fishery officer. R.S., c. F-14, s. 43
Fisheries Act — F-14 56.1
Analyst 56.1 (1) The Minister may designate persons or classes of persons as analysts for the purposes of the administration and enforcement of this Act. Certificate of analyst as proof (2) Subject to subsections (3) and (4), a certificate purporting to be signed by an analyst is, in the absence of evidence to the contrary, presumed to be authentic and is evidence of the facts stated in it in any prosecution for an offence under this Act, if it contains (a) a statement that the analyst has tested or analyzed a substance, product or fish, and the results of the analysis or test; or (b) a statement that the analyst has verified the accuracy of the instruments used by a fishery officer, fishery guardian or inspector to conduct any tests or analyses or to take any measurements. Attendance of analyst (3) The party against whom an analyst’s certificate is produced may, with the court’s permission, require the analyst’s attendance for cross-examination. Notice (4) No certificate may be admitted in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate. 2019, c. 14, s. 38
Fisheries Act — F-14 57
Waters for propagation of fish 57 The Minister may authorize any river or other water to be set apart for the natural or artificial propagation of fish. R.S., c. F-14, s. 44
Fisheries Act — F-14 58
Special licences for oyster beds 58 Special licences and leases for any term of years may be granted to any person who wishes to plant or form oyster beds in any of the bays, inlets, harbours, creeks or rivers, or between any of the islands on the coast of Canada, and the holder of any such licence or lease has the exclusive right to the oysters produced or found on the beds within the limits of the licence or lease. R.S., 1985, c. F-14, s. 58; 1999, c. 31, s. 123(F)
Fisheries Act — F-14 59
Authority to provinces to grant leases for oyster cultivation 59 (1) The Governor in Council may, on such terms and conditions as are agreed on, authorize the government of any province to grant leases of such areas of the sea-coast, bays, inlets, harbours, creeks, rivers and estuaries of the province as the government of the province considers suitable for the cultivation and production of oysters, and any persons to whom such leases are granted by the province, subject to the fishery regulations of Canada, have the exclusive right to the oysters produced or found on the beds within the limits of their respective leases. Rights of Canada preserved (2) Where an area referred to in subsection (1) or any part thereof is in a public harbour, nothing in that subsection prejudices the right or title of Canada to the enjoyment and use of the harbour for every purpose other than the cultivation and production of oysters. R.S., 1985, c. F-14, s. 59; 1999, c. 31, s. 124(F)
Fisheries Act — F-14 60
Vacant public property 60 (1) Every subject of Her Majesty may, for the purpose of landing, salting, curing and drying fish, use, and cut wood on, vacant public property that by law is common and accessory to public rights of fishery and navigation. Prohibition (2) No person shall occupy the same station on vacant public property described in subsection (1) unless it has been abandoned by the first occupant for twelve consecutive months. Payment may be required (3) At the expiration of the twelve months referred to in subsection (2), any new occupier shall pay the value of the flakes and stages and other property thereon, of which he takes possession, or the buildings and improvements may be removed by the original owner. Leased property (4) No property leased or licensed shall be deemed vacant. R.S., c. F-14, s. 47
Fisheries Act — F-14 61.1
Information required by the Minister 61.1 (1) The Minister may, for the purpose of conducting research, creating an inventory of data, establishing objectives and codes of practice, issuing guidelines or assessing or reporting on the state of fisheries, fish or fish habitat, require any specified person to provide him or her with any document and other information that is in that person’s possession, or to which the person may reasonably be expected to have access. Exception — Indigenous knowledge of Indigenous peoples (2) The Minister shall not require any Indigenous knowledge of the Indigenous peoples of Canada to be provided to him or her by any person under subsection (1). Other recipient (3) The Minister may, in accordance with an agreement entered into under section 4.1, require the person to submit the document and other information to the entity that is a party to that agreement. Conditions respecting access to information (4) Subsection (3) does not apply unless the agreement sets out conditions respecting access by the entity that is a party to that agreement to all or part of the document and other information that the person is required to submit. Compliance (5) Every person who is required to provide any document and other information shall provide it within the time and in the manner that the Minister specifies. Extension of time (6) The Minister may, on request in writing from any person who is required to provide any document and other information, extend the specified time. Preservation of information (7) The Minister may require the person to keep the required document and other information, together with any calculations, measurements and other data on which they are based, and may also specify where, how and how long they are to be kept. However, the period for which they are to be kept shall not exceed five years from the day on which the Minister makes the requirement under subsection (1). Inconsistency with regulations (8) If there is an inconsistency between any requirements made by the Minister under this section and any provision of the regulations made under paragraphs 43(1)(g.1) and (g.2), the requirements prevail to the extent of the inconsistency. 2019, c. 14, s. 40
Fisheries Act — F-14 61.2
Confidentiality 61.2 (1) Any Indigenous knowledge of the Indigenous peoples of Canada that is provided to the Minister under this Act in confidence is confidential and shall not knowingly be, or be permitted to be, disclosed without written consent. Exception (2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if (a) it is publicly available; (b) the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or (c) the disclosure is authorized in the circumstances set out in the regulations made under paragraph 43(1)(j.1). Consultation (2.1) Before disclosing Indigenous knowledge under paragraph (2)(b) for the purposes of procedural fairness and natural justice, the Minister shall consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3). Further disclosure (3) The Minister may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice. Duty to comply (4) The person or entity referred to in subsection (3) shall comply with any conditions imposed by the Minister under that subsection. Protection from civil proceeding or prosecution (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 the Indigenous knowledge referred to in subsection (1) made in good faith under this Act or for any consequences of the disclosure. 2019, c. 14, s. 40
Fisheries Act — F-14 62
Obstruction 62 No person shall obstruct or hinder a fishery officer, a fishery guardian or an inspector who is carrying out duties or functions under this Act. R.S., 1985, c. F-14, s. 62; R.S., 1985, c. 1 (2nd Supp.), s. 213; 1991, c. 1, s. 18
Fisheries Act — F-14 63
False statements 63 (1) No person shall make a false or misleading statement, whether orally or in writing, to an inspector, a fishery officer, a fishery guardian, any authority designated by a fishery officer or a fishery guardian or any authority prescribed under paragraph 38(9)(a) or (b) who is carrying out duties or functions under this Act. False statements in licence application (2) No person shall make a false or misleading statement, whether orally or in writing, in an application for a lease or licence under this Act. False records (3) No person shall produce for examination or copying by an inspector, a fishery officer or a fishery guardian or any authority designated by a fishery officer or a fishery guardian any records, books of account or other documents that contain false or misleading information. R.S., 1985, c. F-14, s. 63; 1991, c. 1, s. 18; 2012, c. 19, s. 151
Fisheries Act — F-14 70
Custody of seized things 70 (1) A fishery officer or fishery guardian who seizes any fish or other thing under this Act may retain custody of it or deliver it into the custody of any person the officer or guardian considers appropriate. Request by officer or guardian (2) A person who is given custody of any fish or other thing under subsection (1) shall, on the request of a fishery officer or fishery guardian at any reasonable time, make the fish or thing available for inspection by or deliver it into the custody of the officer or guardian. Perishables (3) A fishery officer or fishery guardian who has custody of any fish or other perishable thing seized under this Act may dispose of it in any manner the officer or guardian considers appropriate and any proceeds realized from its disposition shall be paid to the Receiver General. R.S., 1985, c. F-14, s. 70; 1991, c. 1, s. 21
Fisheries Act — F-14 71
Detention of seized things 71 (1) Subject to this section, any fish or other thing seized under this Act, or any proceeds realized from its disposition, may be detained until the fish or thing or proceeds are forfeited or proceedings relating to the fish or thing are finally concluded. Return on deposit of security (2) Subject to subsection 72(4), a court may order any fish or other thing seized under this Act to be returned to the person from whom it was seized if security is given to Her Majesty in a form and amount that is satisfactory to the Minister. Return where proceedings not instituted (3) Subject to subsection 72(4), where proceedings are not instituted in relation to any fish or other thing seized under this Act, the fish or thing or any proceeds realized from its disposition shall be returned to the person from whom it was seized (a) on the Minister’s decision not to institute proceedings; or (b) on the expiration of ninety days after the day of the seizure or any further period that may be specified in an order made under subsection (4). Order to extend detention (4) A court may, by order, permit the fish or other thing seized or any proceeds realized from its disposition to be detained for any further period that may be specified in the order if the Minister makes a request to that effect before the end of the period of detention in question and the court is satisfied that the order is justified in the circumstances. R.S., 1985, c. F-14, s. 71; 1991, c. 1, s. 21 2019, c. 14, s. 41
Fisheries Act — F-14 71.01
Continued detention not required 71.01 (1) If a fishery officer is of the opinion that the continued detention of the fish or thing seized under this Act is no longer required for the purpose of any investigation or any proceeding, the fishery officer may apply to a court for an order under subsection (2). Order of forfeiture (2) The court may, on application by a fishery officer under subsection (1), order that the fish or thing be forfeited to Her Majesty to be disposed of as the Minister directs if the court is satisfied, (a) that the possession of the fish or thing was unlawful at the time of seizure; or (b) if the thing seized is fishing gear or equipment, (i) that it was found in Canadian fisheries waters or in any portion of the continental shelf of Canada that is beyond the limits of Canadian fisheries waters, (ii) that there are reasonable grounds to believe that the fishing gear or equipment is foreign or that it was placed there by a foreign fishing vessel , as defined in subsection 2(1) of the Coastal Fisheries Protection Act , and (iii) that there is no lease, licence nor other authorization under this Act for their use in those waters or in any portion of that continental shelf of Canada, as the case may be. Notice of application (3) The court may, before making an order under subsection (2), require that notice of the application be sent to the following persons, as the case may be: (a) the person from whom the fish or thing was seized, if known; (b) the person who appears to be the owner of the fishing gear or equipment, if applicable; or (c) any other person whom the court designates as a person who has an interest in the application. Appearance before court (4) The court shall provide any person to whom notice is sent an opportunity to appear before the court and establish that he or she is lawfully entitled to the possession of the fish or thing. Forfeiture or return (5) After the hearing, the court may, as the court considers appropriate in the circumstances, order the forfeiture of the fish or thing under subsection (2) or their return. 2019, c. 14, s. 42
Fisheries Act — F-14 71.1
Recovery of costs 71.1 (1) Where a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed, order the person to pay the Minister an amount of money as compensation for any costs incurred in the seizure, storage or disposition of any fish or other thing seized under this Act by means of or in relation to which the offence was committed. Debt due to Her Majesty (2) Where a court orders a person to pay an amount of money as compensation under subsection (1), the amount and any interest payable on that amount constitute a debt due to Her Majesty and may be recovered as such in any court of competent jurisdiction. 1991, c. 1, s. 21
Fisheries Act — F-14 72
Forfeiture of things 72 (1) Where a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed, order that any thing seized under this Act by means of or in relation to which the offence was committed, or any proceeds realized from its disposition, be forfeited to Her Majesty. Forfeiture of fish (2) Where a person is convicted of an offence under this Act that relates to fish seized pursuant to paragraph 51(a), the court shall, in addition to any punishment imposed, order that the fish, or any proceeds realized from its disposition, be forfeited to Her Majesty. Forfeiture of fish — other cases (3) If a person is charged with an offence under this Act that relates to fish seized under paragraph 51(a) and the person is acquitted or discharged absolutely or conditionally, or the court orders a stay of the proceedings but it is proved that the fish was caught, possessed, sold, purchased, traded, bartered, imported or exported in contravention of this Act or the regulations, the court may order that the fish, or any proceeds realized from its disposition, be forfeited to Her Majesty. Forfeiture where ownership not ascertainable (4) Where the ownership of any fish or other thing seized under this Act cannot be ascertained at the time of the seizure, the fish or thing is thereupon forfeited to Her Majesty. R.S., 1985, c. F-14, s. 72; R.S., 1985, c. 31 (1st Supp.), s. 96; 1991, c. 1, s. 21 2019, c. 14, s. 43
Fisheries Act — F-14 73
Disposal of forfeited things 73 (1) Subject to sections 75 to 77, any fish or other thing forfeited to Her Majesty under subsection 72(1), (2) or (3) shall be disposed of after the final conclusion of the proceedings relating to the fish or thing, as the Minister directs. Disposal where ownership not ascertained (2) Subject to sections 75 to 77, any fish or other thing forfeited to Her Majesty under subsection 72(4) shall be disposed of after the expiration of thirty days from the day of forfeiture, as the Minister directs. Exception (3) Notwithstanding subsection (2), where any fishing gear or equipment is forfeited under subsection 72(4), it may be disposed of immediately on its forfeiture, as the Minister directs. R.S., 1985, c. F-14, s. 73; 1991, c. 1, s. 21