(1) The Regional Director-General may designate as an observer any individual who is qualified and trained to perform any of the duties described in subsection (2) and who (a) does not hold a fisher’s registration card or a provincial or territorial fisher’s certificate; (b) does not purchase fish for the purpose of resale; and (c) is not an owner, operator, manager or employee of an enterprise that catches, cultures, processes or transports fish. (2) The Regional Director-General shall assign to an observer designated under subsection (1) one or more of the following duties: (a) the monitoring of fishing activities, the examination and measurement of fishing gear, the recording of scientific data and observations and the taking of samples; (b) the monitoring of the landing of fish and the verification of the weight and species of fish caught and retained; and (c) conducting biological examination and sampling of fish. (2.1) An observer designated under subsection (1) shall transmit in a timely manner to the Department or to a corporation designated under subsection 39.1(1), as the case may be, the information collected and compiled in the course of their duties under subsection 39(2).

(1) The Regional Director-General may designate as an observer any corporation that has submitted (a) a description of a program that is capable of accurately collecting and compiling information obtained by individual observers in the course of their duties under subsection 39(2). (2) An observer designated under subsection (1) has the following duties: (a) to comply with the program submitted under paragraph (1)(a); (b) to transmit to the Department, in a timely manner, the information collected and compiled as part of the program; (c) to disclose all conflicts of interest that arise after the observer’s designation and explain how they are to be resolved; and (d) to resolve any conflicts of interest disclosed under paragraph (c) or paragraph (1)(b). (3) The Regional Director-General may revoke the designation of an observer designated under subsection (1) if the observer (a) falsifies any information transmitted in the course of its duties or fails to perform those duties; or (b) fails to maintain the performance bond submitted under paragraph (1)(c).