Fisheries Act 1985

  • Language: English/French
  • Year: 1985

Fishing Offenses & Infractions

In laws/regulations that use the term "serious offenses," what offenses fall into that category?

  • Article 78

    Except as otherwise provided in this Act, every person who contravenes this Act or the regulations is guilty of (a) an offense punishable on summary conviction and liable, for a first offense, to a fine not exceeding one hundred thousand dollars and, for any subsequent offense, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year, or to both; or (b) an indictable offense and liable, for a first offense, to a fine not exceeding five hundred thousand dollars and, for any subsequent offense, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding two years, or to both.

Vessel Registration & License Management

Does the law/regulation require license denial where a vessel has violated fisheries laws in areas beyond national jurisdiction, for example where the vessel is on, or associates with another vessel on an RFMO IUU Vessel list or for other reasons?

  • Article 9

    (1) Subject to subsection (2), the Minister may suspend or cancel any lease or license issued under the authority of this Act, if (a) he or she determines that any provision of that lease or license was not complied with; (b) he or she determines that the lease or license holder has, with respect to the lease or license, entered into an agreement that contravenes any provision of this Act or of the regulations; or (c) the lease or license 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 amend, suspend or cancel a permit issued 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.

What offenses exist in the law/regulation for which license suspension, revocation or cancellation is a mandatory consequence upon conviction for committing the offense?

  • Article 9

    (1) Subject to subsection (2), the Minister may suspend or cancel any lease or license issued under the authority of this Act, if (a) he or she determines that any provision of that lease or license was not complied with; (b) he or she determines that the lease or license holder has, with respect to the lease or license, entered into an agreement that contravenes any provision of this Act or of the regulations; or (c) the lease or license 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 amend, suspend or cancel a permit issued 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.

What provisions in the law govern the granting, denial, revocation and cancellation of fishing licenses?

  • Article 9

    (1) Subject to subsection (2), the Minister may suspend or cancel any lease or license issued under the authority of this Act, if (a) he or she determines that any provision of that lease or license was not complied with; (b) he or she determines that the lease or license holder has, with respect to the lease or license, entered into an agreement that contravenes any provision of this Act or of the regulations; or (c) the lease or license 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 amend, suspend or cancel a permit issued 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.