Fisheries Act

Marginal note:Regulations

• 43 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and in particular, but without restricting the generality of the foregoing, may make regulations

  • (a) for the proper management and control of the sea-coast and inland fisheries;

  • (b) respecting the conservation and protection of fish;

  • (c) respecting the catching, loading, landing, handling, transporting, possession and disposal of fish;

  • (d) respecting the operation of fishing vessels;

  • (e) respecting the use of fishing gear and equipment;

  • (e.1) respecting the marking, identification and tracking of fishing vessels;

  • (e.2) respecting the designation of persons as observers, their duties and their carriage on board fishing vessels;

  • (f) respecting the issue, suspension and cancellation of licences and leases;

  • (g) respecting the terms and conditions under which a licence and lease may be issued;

  • (g.1) respecting any records, books of account or other documents to be kept under this Act and the manner and form in which and the period for which they shall be kept;

  • (g.2) respecting the manner in which records, books of account or other documents shall be produced and information shall be provided under this Act;

  • (h) respecting the obstruction and pollution of any waters frequented by fish;

  • (i) respecting the conservation and protection of spawning grounds;

  • (i.01) excluding fisheries from the definitions Aboriginal, commercial and recreational;

  • (i.1) for the purposes of paragraph 35(2)(a), prescribing anything that is authorized to be prescribed;

  • (i.2) respecting applications for the authorizations referred to in paragraph 35(2)(b) or (c);

  • (i.3) prescribing the conditions under which and requirements subject to which persons or entities referred to in paragraph 35(2)(c) may grant the authorization;

  • (i.4) respecting time limits for issuing authorizations referred to in paragraph 35(2)(b) or (c), or for refusing to do so;

  • (j) respecting the export of fish or any part thereof from Canada;

  • (k) respecting the taking or carrying of fish or any part thereof from one province to any other province;

  • (l) prescribing the powers and duties of persons engaged or employed in the administration or enforcement of this Act and providing for the carrying out of those powers and duties;

  • (m) where a close time, fishing quota or limit on the size or weight of fish has been fixed in respect of an area under the regulations, authorizing persons referred to in paragraph (l) to vary the close time, fishing quota or limit in respect of that area or any portion of that area;

  • (n) establishing a list of aquatic invasive species;

  • (o) respecting the control of aquatic invasive species, including regulations

    • (i) respecting the prevention of the spread of such species,

    • (ii) respecting the possession of members of such species, and their import, export and transport,

    • (iii) respecting the release of members of such species into Canadian fisheries waters,

    • (iv) respecting the handling of members of such species, or

    • (v) requiring any person to keep any record, book or other document containing any information relevant to the control of such species, and respecting where, how and how long they are to be kept; and

  • (p) prescribing anything that is required or authorized by this Act to be prescribed.

• Marginal note:Regulations — Governor in Council

  (2) The Governor in Council may make regulations establishing conditions for the exercise of the Minister’s power to make regulations under subsection (3).

• Marginal note:Amendments to list of aquatic invasive species

  (3) The Minister may, by regulation, add species to the list of aquatic invasive species established by regulations made under paragraph (1)(n) or remove species from that list, and vary the places to which regulations made under paragraph (1)(o) apply.

• Marginal note:Statutory Instruments Act

  (4) Regulations made under subsection (3) are exempt from section 3 of the Statutory Instruments Act.

• Marginal note:Regulations exempting certain Canadian fisheries waters

  (5) The Governor in Council may make regulations exempting any Canadian fisheries waters from the application of sections 20, 21 and 35 and subsection 38(4).