GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Freshwater Fish Marketing Act — F-13 559
Distribution of property 559 (1) The property of the Corporation is to be applied in satisfaction of its debts and liabilities, and of the charges, costs and expenses incurred in respect of its divestiture and dissolution. Expenses — divestiture and dissolution (2) All charges, costs and expenses incurred in respect of the divestiture and dissolution of the Corporation are payable out of the property of the Corporation in priority to all other claims.
Freshwater Fish Marketing Act — F-13 560
Surplus 560 (1) Any surplus that remains after the satisfaction of the debts and liabilities of the Corporation and the charges, costs and expenses incurred in respect of its divestiture and dissolution belongs to His Majesty in right of Canada. Unsatisfied debts and liabilities (2) Any debts and liabilities of the Corporation that remain unsatisfied on the day on which the Corporation is dissolved become the debts and liabilities of His Majesty in right of Canada.
Freshwater Fish Marketing Act — F-13 562
Reference to Corporation 562 On or after the day on which the Corporation is dissolved, every reference to the Corporation in any contract, instrument, act or other document executed or signed by the Corporation in its own name is to be read, unless the context otherwise requires, as a reference to His Majesty in right of Canada.
Freshwater Fish Marketing Act — F-13 563
Commencement of legal proceedings 563 (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Corporation in respect of its divestiture or dissolution may be brought against His Majesty in right of Canada in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Corporation. Continuation of legal proceedings (2) Any action, suit or other legal proceeding to which the Corporation is party that is pending in any court on the day on which the Corporation is dissolved may be continued by or against His Majesty in right of Canada in like manner and to the same extent as it could have been continued by or against the Corporation.
Freshwater Fish Marketing Act — F-13 564
No compensation 564 Despite the provisions of any contract, agreement or order in council, no person who is appointed to hold office as a member of the Board of Directors of the Corporation has any right to any compensation, damages, indemnity or other form of relief from His Majesty in right of Canada or from any employee or agent of His Majesty for ceasing to hold that office or for the abolition of that office, by the operation of this Division.
Freshwater Fish Marketing Act — F-13 561
Dissolution 561 The Corporation is dissolved.
Freshwater Fish Marketing Act — F-13 569
Repeal 569 The Freshwater Fish Marketing Act , chapter F-13 of the Revised Statutes of Canada, 1985, is repealed.
Fisheries Act — F-14 1
Short title 1 This Act may be cited as the Fisheries Act . R.S., c. F-14, s. 1
Fisheries Act — F-14
Aboriginal [Repealed, 2019, c. 14, s. 1]
Fisheries Act — F-14
analyst means a person who is designated under subsection 56.1(1) to perform the functions of an analyst; ( analyste )
Fisheries Act — F-14
Canadian fisheries waters means all waters in the fishing zones of Canada, all waters in the territorial sea of Canada and all internal waters of Canada; ( eaux de pêche canadiennes )
Fisheries Act — F-14
close time means a specified period during which fish to which it applies may not be fished, and “closed time” or “closed season” has a similar meaning; ( période d’interdiction et période de fermeture ou saison de fermeture )
Fisheries Act — F-14
commercial [Repealed, 2019, c. 14, s. 1]
Fisheries Act — F-14 (a)
fish includes (a) parts of fish, (b) shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals, and (c) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals; ( poissons )
Fisheries Act — F-14 (a)
fishery with respect to any fish, includes, (a) any of its species, populations, assemblages and stocks, whether the fish is fished or not, (b) any place where fishing may be carried on, (c) any period during which fishing may be carried on, (d) any method of fishing used, and (e) any type of fishing gear or equipment or fishing vessel used; ( pêche )
Fisheries Act — F-14
fishery guardian means a person who is designated as a fishery guardian pursuant to subsection 5(1); ( garde-pêche )
Fisheries Act — F-14
fishery officer means a person who is designated as a fishery officer pursuant to subsection 5(1); ( agent des pêches )
Fisheries Act — F-14
fish habitat means water frequented by fish and any other areas on which fish depend directly or indirectly to carry out their life processes, including spawning grounds and nursery, rearing, food supply and migration areas; ( habitat )
Fisheries Act — F-14
fishing means fishing for, catching or attempting to catch fish by any method; ( pêche )
Fisheries Act — F-14
fishing vessel means any vessel used, outfitted or designed for the purpose of catching, processing or transporting fish; ( bateau de pêche )
Fisheries Act — F-14
fishway means any device, work or other thing that provides for the free passage of fish, including a canal, a fish pump, a fish ladder, a fish elevator and a fish lock; ( passe migratoire )
Fisheries Act — F-14
Indigenous [Repealed, 2019, c. 14, s. 1]
Fisheries Act — F-14
Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 ; ( corps dirigeant autochtone )
Fisheries Act — F-14
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 ; ( peuples autochtones du Canada )
Fisheries Act — F-14
inspector means a person who is designated as an inspector pursuant to subsection 38(1); ( inspecteur )
Fisheries Act — F-14
lawful excuse [Repealed, 1991, c. 1, s. 1]
Fisheries Act — F-14
laws includes the by-laws made by an Indigenous governing body; ( lois )
Fisheries Act — F-14
Minister means the Minister of Fisheries and Oceans or, in respect of any matter related to the Northern Pipeline referred to in the Northern Pipeline Act , the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that Act; ( ministre )
Fisheries Act — F-14
obstruction means any slide, dam or other thing impeding wholly or partially the free passage of fish; ( obstacle )
Fisheries Act — F-14
recreational [Repealed, 2019, c. 14, s. 1]
Fisheries Act — F-14
vehicle means any conveyance that may be used for transportation, including aircraft. ( véhicule )
Fisheries Act — F-14 2.1
Purpose of Act 2.1 The purpose of this Act is to provide a framework for (a) the proper management and control of fisheries; and (b) the conservation and protection of fish and fish habitat, including by preventing pollution. R.S., 1985, c. 35 (1st Supp.), ss. 2, 6 2019, c. 14, s. 3
Fisheries Act — F-14 2.2
Application 2.2 (1) This Act applies in Canada, and also to (a) Canadian fisheries waters; and (b) with respect to a sedentary species, any portion of the continental shelf of Canada that is beyond the limits of Canadian fisheries waters. Definition of sedentary species (2) For the purpose of paragraph (1)(b), sedentary species means any organism that, at the harvestable stage, either is immobile on or under the seabed or is unable to move except by remaining in constant physical contact with the seabed or subsoil. 2019, c. 14, s. 3
Fisheries Act — F-14 2.4
Duty of Minister 2.4 When making a decision under this Act, the Minister shall consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 . 2019, c. 14, s. 3
Fisheries Act — F-14 2.5
Considerations for decision making 2.5 Except as otherwise provided in this Act, when making a decision under this Act, the Minister may consider, among other things, (a) the application of a precautionary approach and an ecosystem approach; (b) the sustainability of fisheries; (c) scientific information; (d) Indigenous knowledge of the Indigenous peoples of Canada that has been provided to the Minister; (e) community knowledge; (f) cooperation with any government of a province, any Indigenous governing body and any body — including a co-management body — established under a land claims agreement; (g) social, economic and cultural factors in the management of fisheries; (h) the preservation or promotion of the independence of licence holders in commercial inshore fisheries; and (i) the intersection of sex and gender with other identity factors. 2019, c. 14, s. 3
Fisheries Act — F-14 3
Provincial rights not affected 3 (1) Nothing in this Act shall be taken to authorize the granting of fishery leases that confer an exclusive right to fish in property belonging to a province. Application of Act to Her Majesty (2) This Act is binding on Her Majesty in right of Canada or a province. R.S., c. F-14, s. 3; R.S., c. 17(1st Supp.), s. 9
Fisheries Act — F-14 4
Licences to take spawn 4 Nothing in this Act precludes the granting by the Minister of written permission to obtain fish for purposes of stocking or artificial breeding or for scientific purposes. R.S., c. F-14, s. 4
Fisheries Act — F-14 4.01
Minister may establish advisory panels 4.01 (1) The Minister may, in order to carry out the purpose of this Act, establish advisory panels and provide for their membership, functions and operation. Remuneration of members (2) Members of an advisory panel established under subsection (1) are to be paid any amount that is fixed by the Governor in Council for each day that they attend any of the advisory panel’s meetings. Expenses (3) The members are also entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the panel while absent from their ordinary place of work, in the case of full-time members, or from their ordinary place of residence, in the case of part-time members. 2019, c. 14, s. 4
Fisheries Act — F-14 4.2
Declaration of equivalent provisions 4.2 (1) If an agreement entered into under section 4.1 provides that there is in force a provision of the laws of the province or the Indigenous governing body that is equivalent in effect to a provision of the regulations, the Governor in Council may, by order, declare that certain provisions of this Act or of the regulations do not apply in the province or the territory governed by the Indigenous governing body, as the case may be, with respect to the subject matter of the provision of the laws of the province or the Indigenous governing body. Non-application of provisions (2) Except with respect to Her Majesty in right of Canada, the provisions of this Act or of the regulations that are set out in the order do not apply within the province or the territory governed by the Indigenous governing body, as the case may be, with respect to the subject matter of the provision of the laws of the province or the Indigenous governing body. Revocation (3) The Governor in Council may revoke the order if the Governor in Council is satisfied that the provision of the laws of the province or the Indigenous governing body, as the case may be, is no longer equivalent in effect to the provision of the regulations or is not being adequately administered or enforced. Notice (4) The Governor in Council may revoke the order only if the Minister has given notice of the proposed revocation to the government of the province or to the Indigenous governing body, as the case may be. Order ceases to have effect (5) The order ceases to have effect either when it is revoked by the Governor in Council or when the agreement to which the order relates terminates or is terminated. 2012, c. 19, s. 134 2019, c. 14, s. 6
Fisheries Act — F-14 4.3
Report to Parliament 4.3 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 of sections 4.1 and 4.2 in that fiscal year. 2012, c. 19, s. 134
Fisheries Act — F-14 4.4
Objectives 4.4 (1) The Minister may implement programs and projects for the purposes of this Act and, to facilitate the implementation of a program or project, may (a) make grants and contributions; (b) make loans; (c) make recoverable expenditures on behalf of any person or body, or any federal or provincial minister, department or agency; and (d) guarantee the repayment of any financial obligation, or provide loan insurance or credit insurance in respect of such an obligation. Regulations (2) The Governor in Council may, on the recommendation of the Minister and the Minister of Finance, make regulations respecting such grants, contributions, loans, guarantees and insurance. Agreements, etc. (3) In exercising powers and performing functions under subsection (1), the Minister may (a) enter into agreements — including an agreement under section 4.1 — or arrangements or transactions with any person or body, or any federal or provincial minister, department or agency; and (b) with the approval of the Minister of Finance, requisition amounts in respect of such an agreement, arrangement or transaction to be paid out of the Consolidated Revenue Fund. 2012, c. 19, s. 134
Fisheries Act — F-14 5
Designation 5 (1) The Minister may designate any persons or classes of persons as fishery officers or fishery guardians for the purposes of this Act and may limit in any manner the Minister considers appropriate the powers that a fishery officer or fishery guardian may exercise under this Act or any other Act of Parliament. Certificate of designation (2) Each fishery officer and fishery guardian shall be provided with a certificate in a form the Minister considers appropriate certifying their designation as such and, where the powers of a fishery officer or fishery guardian are limited pursuant to subsection (1), specifying the powers that the officer or guardian may exercise under this Act or any other Act of Parliament. Presentation of certificate (3) On entering any place under this Act or any other Act of Parliament, a fishery officer or fishery guardian shall, on request, show the certificate of designation to the person in charge of the place. Laws of certain First Nations (4) The powers and protections that a fishery officer or fishery guardian has under this or any other Act of Parliament, including the powers and protections of a peace officer under the Criminal Code , apply to a fishery officer or fishery guardian enforcing (a) Nisga’a laws made under the Fisheries Chapter of the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act ; (a.1) Tla’amin Laws, as defined in subsection 2(2) of the Tla’amin Final Agreement Act , made under Chapter 9 of the Agreement, as defined in subsection 2(1) of that Act, given effect by that Act; (b) Tsawwassen Laws, within the meaning of subsection 2(2) of the Tsawwassen First Nation Final Agreement Act , made under chapter 9 of the Agreement, as defined in subsection 2(1) of that Act, given effect by that Act; or (c) Maanulth Laws, within the meaning of subsection 2 (2) of the Maanulth First Nations Final Agreement Act , made under chapter 10 of the Agreement, as defined in subsection 2 (1) of that Act, given effect by that Act. R.S., 1985, c. F-14, s. 5; 1991, c. 1, s. 2; 2000, c. 7, s. 22; 2008, c. 32, s. 28; 2009, c. 18, s. 21; 2014, c. 11, s. 22
Fisheries Act — F-14 5.1
Exercise of powers 5.1 Every power that may be exercised in Canada by a fishery officer or fishery guardian under this Act may be exercised anywhere this Act applies. 2019, c. 14, s. 7
Fisheries Act — F-14 6.1
Measures to maintain fish stocks 6.1 (1) In the management of fisheries, the Minister shall implement measures to maintain major fish stocks at or above the level necessary to promote the sustainability of the stock, taking into account the biology of the fish and the environmental conditions affecting the stock. Limit reference point (2) If the Minister is of the opinion that it is not feasible or appropriate, for cultural reasons or because of adverse socio-economic impacts, to implement the measures referred to in subsection (1), the Minister shall set a limit reference point and implement measures to maintain the fish stock above that point, taking into account the biology of the fish and the environmental conditions affecting the stock. Publication of decision (3) If the Minister sets a limit reference point in accordance with subsection (2), he or she shall publish the decision to do so, within a reasonable time and with reasons, on the Internet site of the Department of Fisheries and Oceans. 2012, c. 19, s. 135 2019, c. 14, s. 9
Fisheries Act — F-14 6.2
Plan to rebuild 6.2 (1) If a major fish stock has declined to or below its limit reference point, the Minister shall develop a plan to rebuild the stock above that point in the affected area, taking into account the biology of the fish and the environmental conditions affecting the stock, and implement it within the period provided for in the plan. Amendment (2) If the Minister is of the opinion that such a plan could result in adverse socio-economic or cultural impacts, the Minister may amend the plan or the implementation period in order to mitigate those impacts while minimizing further decline of the fish stock. Endangered or threatened species (3) Subsection (1) does not apply if the affected fish stock is an endangered species or a threatened species under the Species at Risk Act or if the implementation of international management measures by Canada does not permit it. Publication of decision (4) If the Minister amends a plan in accordance with subsection (2) or decides not to make one in accordance with subsection (3), he or she shall publish the decision to do so, within a reasonable time and with reasons, on the Internet site of the Department of Fisheries and Oceans. Restoration measures (5) In the management of fisheries, if the Minister is of the opinion that the loss or degradation of the stock’s fish habitat has contributed to the stock’s decline, he or she shall take into account whether there are measures in place aimed at restoring that fish habitat. 2019, c. 14, s. 9
Fisheries Act — F-14 6.3
Regulations 6.3 The major fish stocks referred to in sections 6.1 and 6.2 are to be prescribed by regulations. 2019, c. 14, s. 9
Fisheries Act — F-14 7
Fishery leases and licences 7 (1) Subject to subsection (2), the Minister may, in his absolute discretion, wherever the exclusive right of fishing does not already exist by law, issue or authorize to be issued leases and licences for fisheries or fishing, wherever situated or carried on. Default of payment of fine (1.1) The Minister may refuse to issue a lease or licence for fisheries or fishing to a person, if, among other things, they are in default of payment of a fine in relation to a contravention of the Act and the proceeds of the fine belong to Her Majesty in Right of Canada or of a province or to any other person or entity. Restriction (2) Except as otherwise provided in this Act or regulations made under it, leases or licences for any term of more than nine years shall be issued only under the authority of the Governor in Council. R.S., 1985, c. F-14, s. 7 2019, c. 14, s. 10
Fisheries Act — F-14 8
Fees 8 (1) Except if fees are prescribed in this Act, the Governor in Council may, by regulation and on the recommendation of the Minister, prescribe the fees that are to be charged for fishery or fishing licences and for fishing quotas. Periodic adjustment (2) For greater certainty, the regulations made under subsection (1) may provide for periodic adjustment of the fees referred to in that subsection. R.S., 1985, c. F-14, s. 8 2019, c. 14, s. 11
Fisheries Act — F-14 9
Suspension or cancellation 9 (1) Subject to subsection (2), the Minister may suspend or cancel any lease or licence issued under the authority of this Act, if (a) he or she determines that any provision of that lease or licence was not complied with; (b) he or she determines that the lease or licence holder has, with respect to the lease or licence, entered into an agreement that contravenes any provision of this Act or of the regulations; or (c) the lease or licence holder is in default of payment of a fine in relation to a contravention of this Act and the proceeds of the fine belong to Her Majesty in right of Canada or of a province or to any other person or entity. Restriction (2) The Minister may suspend or cancel a lease or licence under paragraph (1)(a) or (b) only if no proceedings under this Act have been commenced with respect to the non-compliance or contravention referred to in those paragraphs, as the case may be. R.S., 1985, c. F-14, s. 9; R.S., 1985, c. 31 (1st Supp.), s. 95 2019, c. 14, s. 11
Fisheries Act — F-14 9.1
Powers of Minister 9.1 (1) The Minister may, if he or she is of the opinion that prompt measures are required to address a threat to the proper management and control of fisheries and the conservation and protection of fish, make a fisheries management order with respect to any aspect of fisheries in any area of Canadian fisheries waters specified in the order (a) prohibiting fishing of one or more species, populations, assemblages or stocks of fish; (b) prohibiting any type of fishing gear or equipment or fishing vessel from being used; (c) limiting the fishing of any specified size, weight or quantity of any species, populations, assemblages or stocks of fish; and (d) imposing any requirements with respect to fishing. Conditions (2) The Minister may impose any conditions that he or she considers appropriate in the order. Application of order (3) The fisheries management order may provide that it applies only to (a) a particular class of persons, including (i) persons who fish using a particular method or a particular type of gear or equipment, and (ii) persons who use fishing vessels of a particular class; or (b) holders of a particular class of licence. 2019, c. 14, s. 11
Fisheries Act — F-14 9.2
Duty to comply 9.2 Every person or holder to whom a fisheries management order applies shall comply with it. 2019, c. 14, s. 11
Fisheries Act — F-14 9.3
Duration 9.3 (1) A fisheries management order issued under section 9.1 shall be in effect for the term specified in the order, which shall not exceed 45 days from the day on which the order is issued. Renewal of order (2) If the Minister is of the opinion that prompt measures continue to be required to address the threat referred to in subsection 9.1(1), he or she may renew the order for a term that does not exceed 45 days from the day on which it is issued. 2019, c. 14, s. 11
Fisheries Act — F-14 9.4
Amendment of order 9.4 (1) The Minister may amend a fisheries management order, other than its term, if he or she is of the opinion that the measures specified in the order are inadequate to address the threat referred to in subsection 9.1(1). Revocation of order (2) If the Minister is of the opinion that the measures specified in the order are no longer necessary to address the threat or if the threat no longer exists, he or she may revoke the order. 2019, c. 14, s. 11
Fisheries Act — F-14 9.5
Notice 9.5 (1) Notice of a fisheries management order shall be given to the persons or holders to whom it applies, in the prescribed manner or, if there is no prescribed manner, using a method provided under section 7 of the Fishery (General) Regulations , with any necessary modifications. If notice not given (2) If notice is not given, then the contravention of a fisheries management order is not an offence under this Act unless, at the time of the contravention, reasonable steps had been taken to bring the substance of the order to the notice of the persons or holders to whom it applies. 2019, c. 14, s. 11