Bill C-62
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2nd Session, 35th Parliament, 45 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-62 |
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An Act respecting fisheries
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Preamble
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WHEREAS the powers, duties and func
tions of the Minister of Fisheries and Oceans
extend to sea coast and inland fisheries;
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WHEREAS Parliament intends that those
powers, duties and functions be exercised to
conserve and manage Canada's fisheries in the
interest of present and future generations of
Canadians;
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WHEREAS Parliament intends that those
powers, duties and functions, as well as re
sponsibilities under the fisheries laws of Can
ada, be exercised and performed in a manner
that fosters cooperation with and participation
of the provinces and other states and is consis
tent with Canada's international rights and ob
ligations;
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WHEREAS cooperation by foreign states
with respect to the conservation of fisheries
resources outside Canada's waters affects the
conservation of Canada's fisheries resources;
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WHEREAS Canada promotes the broad ap
plication of a precautionary approach to the
conservation, management and exploitation
of marine resources in order to protect marine
resources and preserve the marine environ
ment;
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WHEREAS the protection of fish habitat
and the prevention of the pollution of waters
frequented by fish are essential elements of
the management of Canada's fisheries;
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WHEREAS the conservation of Canada's
fisheries and their management on a sustain
able basis are central to the economic viability
of persons engaged in fishing and fish proces
sors and the well-being of communities that
are dependent on fisheries resources;
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WHEREAS persons engaged in fishing and
their organizations wish to have a greater and
more direct participation in decisions respect
ing the management of Canada's fisheries;
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AND WHEREAS the sustainability of Can
ada's fisheries depends on the application of
effective deterrents to illegal fishing;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as fol
lows:
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Fisheries
Act.
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INTERPRETATION |
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Definitions
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2. In this Act,
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``Canadian
fishing
vessel'' « bateau de pêche canadien »
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``Canadian fishing vessel'' means a fishing
vessel
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``case
presentation
officer'' « chargé de dossier »
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``case presentation officer'' means an individ
ual or a member of a class of individuals
who is designated as a case presentation of
ficer pursuant to section 101;
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``closed time'' « période de fermeture »
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``closed time'' means a specified period dur
ing which the category of fish or marine
plants to which the period applies may not
be fished or harvested, as the case may be,
and ``close time'' has a similar meaning;
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``Department'
' « ministère »
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``Department'' means the Department of Fish
eries and Oceans;
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``fish'' « pêche »; « poissons »
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``fish''
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``fisheries
management
agreement'' « accord de gestion des pêches »
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``fisheries management agreement'' means a
fisheries management agreement entered
into pursuant to section 17;
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``fisheries
management
order'' « arrêté de gestion des pêches »
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``fisheries management order'' means a fish
eries management order made pursuant to
section 10;
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``fishery'' « pêche »
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``fishery'' means a fishery described in terms
of
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``fishery
guardian'' « garde- pêche »
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``fishery guardian'' means an individual or a
member of a class of individuals who is des
ignated as a fishery guardian pursuant to
subsection 122(1);
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``fishery
officer'' « agent des pêches »
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``fishery officer'' means an individual or a
member of a class of individuals who is des
ignated as a fishery officer pursuant to sub
section 122(1), and includes a member of
the Royal Canadian Mounted Police and
any person authorized by the Governor in
Council to enforce this Act;
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``fishing
vessel'' « bateau de pêche »
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``fishing vessel'' means a vessel used in or
equipped for fishing or for provisioning
and, for greater certainty, includes a vessel
used in or equipped for processing fish or
the transport of fish from fishing grounds;
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``fishing
vessel without
nationality'' « bateau de pêche sans nationalité »
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``fishing vessel without nationality'' means a
fishing vessel that
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``flag state'' « État du pavillon »
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``flag state'', in relation to a fishing vessel,
means the state under whose laws the fish
ing vessel is registered or licensed or, in the
case of a fishing vessel that is not registered
or licensed under the laws of any state, the
state whose flag the fishing vessel is entitled
to fly;
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``foreign
fishing
vessel'' « bateau de pêche étranger »
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``foreign fishing vessel'' means a fishing ves
sel that is not a Canadian fishing vessel and,
for greater certainty, includes a fishing ves
sel without nationality;
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``holder'' « titulaire »
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``holder'' means
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``inspector'' « inspecteur »
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``inspector'' means an individual or a member
of a class of individuals who is designated
as an inspector pursuant to subsection
51(1);
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``licence'' « licence » ou « permis »
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``licence'' means a licence that is issued under
this Act;
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``major
violation''
Version
anglaise
seulement
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``major violation'' means a violation com
mitted in the circumstances referred to in
section 92;
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``marine
plant'' « plante marine »
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``marine plant'' includes benthic and detached
algae, marine flowering plants, brown al
gae, red algae, green algae and phytoplank
ton;
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``member''
Version
anglaise
seulement
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``member'' means a member of a Tribunal;
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``Minister'' « ministre »
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``Minister'' means the Minister of Fisheries
and Oceans or such other member of the
Queen's Privy Council for Canada as is des
ignated by the Governor in Council as the
Minister for the purposes of any provision
of this Act;
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``minor
violation''
Version
anglaise
seulement
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``minor violation'' means a violation com
mitted in the circumstances referred to in
section 93;
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``monetary
penalty''
Version
anglaise
seulement
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``monetary penalty'' means, in relation to a
minor violation, the penalty that is pre
scribed for the violation;
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``NAFO
Regulatory
Area'' « zone de réglementa- tion de l'OPAN »
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``NAFO Regulatory Area'' means that part of
the following area, being the Convention
Area of the Northwest Atlantic Fisheries
Organization, that is on the high seas:
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``prescribed''
Version
anglaise
seulement
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``prescribed'' means prescribed by the regula
tions made pursuant to section 41, 57, 121,
184 or 185;
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``prescribed
project'' « projet désigné »
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``prescribed project'' means any proposed
work, activity or undertaking, including
any construction, operation, modification,
decommissioning or abandonment in rela
tion to that work, activity or undertaking, of
a prescribed class;
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``provisioning
'' « ravitaille- ment »
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``provisioning'' includes, in relation to a fish
ing vessel at sea, servicing, maintaining and
repairing the vessel;
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``sedentary
species'' « espèce sédentaire »
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``sedentary species'' means a prescribed spe
cies of fish that, at the harvestable stage, ei
ther is immobile on or under the seabed or
is unable to move except in constant physi
cal contact with the seabed or subsoil;
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``straddling
stock'' « stock chevauchant »
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``straddling stock'' means a prescribed stock
of fish that occurs both within the exclusive
economic zone of Canada and in an area be
yond and adjacent to the exclusive econom
ic zone of Canada;
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``Tribunal'' « Office »
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``Tribunal'' means the Atlantic Fisheries Tri
bunal established by section 66 or the Pacif
ic Fisheries Tribunal established by section
67, as the case may be;
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``vehicle'' « véhicule »
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``vehicle'' means any conveyance that may be
used for transportation, including aircraft;
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``violation''
Version
anglaise
seulement
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``violation'' means a major violation or a mi
nor violation.
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