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Fisheries Act (R.S.C., 1985, c. F-14)

Full Document:  

Act current to 2020-09-09 and last amended on 2019-08-28. Previous Versions

General Prohibitions (continued)

Marginal note:Importation and exportation

  •  (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).

  • Marginal note: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.

  • Marginal note:Amendment, suspension or cancellation

    (3) The Minister may amend, suspend or cancel a permit issued under subsection (2).

  • 2019, c. 14, s. 18.1

Marginal note:Unlawful sale or possession

 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

Marginal note:Definition of “fishing plan”

  •  (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.

  • Marginal note: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.

  • Marginal note: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

Fish and Fish Habitat Protection and Pollution Prevention

Marginal note:Definitions

  •  (1) The following definitions apply in this section and sections 34.1 to 42.5.

    deleterious substance

    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

    deposit means any discharging, spraying, releasing, spilling, leaking, seeping, pouring, emitting, emptying, throwing, dumping or placing; (immersion ou rejet)

    designated project

    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

    ecologically significant area means an area designated by regulations made under subsection 35.2(2); (zone d’importance écologique)

    fish habitat

    fish habitat[Repealed, 2012, c. 19, s. 141]

    water frequented by fish

    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).

  • Marginal note: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

Marginal note:Factors

  •  (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.

  • Marginal note: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
 
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