Book 2, Tab C1 - Legislative and regulatory framework overview

On this page

• Purpose
• Legislative and regulatory framework: an overview
• Legislative framework: overview
• Legislative framework: primary statutes
• Regulatory instruments
• Legislative framework: other statutes (issue specific)

Purpose

• Outline the powers and responsibilities of the Minister of Fisheries, Oceans and the Canadian Coast Guard stemming from a number of statutes and regulations
• Provide information on key statutes and regulations associated with the Department's role in managing Canada’s fisheries and oceans, including:
  • Managing and authorizing a diverse array of fishing activities
  • Authorizing industrial development activities which impact fish habitat
  • Working with ministers in other departments to conserve and protect fish, including cetaceans, marine ecosystems and aquatic species at risk
• Provide information on key statutes that are associated with Coast Guard operations

Legislative and regulatory framework: an overview

Constitution

Fisheries fall largely under federal jurisdiction, as per the division of powers established in the Constitution Act, 1867. The provinces’ jurisdiction over fisheries relate mostly to ownership of river beds.

Legislation

The Department’s mandate and objectives are outlined in a number of statutes administered by the Minister of Fisheries, Oceans and the Canadian Coast Guard, along with other ministers in some cases. Recent amendments to the Fisheries Act and the Oceans Act have updated the Department’s mandate, as well as the Minister’s responsibilities and powers.

Regulation

Associated regulations are also important instruments used to manage Canada’s fisheries, oceans, and aquatic ecosystems.

Legislative framework: overview

Eight primary statutes provide for the Minister’s broad powers, duties and functions. The Minister also administers number of other statutes, which generally address a more specific duty or function.

Primary statutes:

• Department of Fisheries and Oceans Act
• Fisheries Act
• Coastal Fisheries Protection Act
• Oceans Act
• Species at Risk Act
• Canada Shipping Act, 2001
• Arctic Waters Pollution Prevention Act
• Wrecked, Abandoned or Hazardous Vessels Act

Other statutes:

• Atlantic Fisheries Restructuring Act
• Fisheries Development Act
• Fisheries Improvements Loan Act
• Fishing and Recreational Harbours Act
• Freshwater Fish Marketing Act
• Great Lakes Fisheries Convention Act

Other Acts of Interest:

• Marine Liability Act
• Impact Assessment Act

Legislative framework: primary statutes

Department of Fisheries and Oceans Act

Creates the Department and outlines the general powers and responsibilities of the Minister in relation to: fisheries; harbours; hydrography and marine sciences; and, all policies and programs respecting oceans.

Fisheries Act

Creates a framework for the Minister to manage and control fisheries and protect and conserve fish and fish habitat; and establishes powers related to fishing licences and leases.

Coastal Fisheries Protection Act

Creates a framework for the Minister to manage access by foreign fishing vessels to Canadian fisheries waters, including the issuance of licences and enforcement of fisheries law on the high seas.

Oceans Act

Entrusts the Minister with leading integrated oceans management and provides for the powers, duties, and functions of the Minister in relation to Coast Guard and hydrographic services.

Species at Risk Act

Administered in partnership with Environment and Climate Change Canada and Parks Canada, the Act gives the Minister responsibilities associated with the management of aquatic species at risk.

Wrecked, Abandoned or Hazardous Vessels Act

The Minister of Transport is responsible for this Act, which provides specific powers and authorities to the Minister of Fisheries and Oceans, through Coast Guard, to manage hazardous or dilapidated vessels on property under the Minister’s responsibility, including the authority to remove or destroy such vessels.

Canada Shipping Act, 2001

The Minister of Transport is responsible for this Act, which provides specific powers and authorities to the Minister of Fisheries and Oceans related to marine search and rescue, pollution response, and marine communications and traffic services.

Regulatory instruments

The Department also relies on regulatory instruments under its legislation to manage Canada’s fisheries and aquatic ecosystems. Some examples include:

Fisheries Act

There are four general groups of regulations under the Fisheries Act:

1. Fisheries administered by the Department;
2. Fisheries administered by Provinces/Territories;
3. Regulations with respect to Indigenous fisheries; and
4. Regulations with respect to marine mammals

Oceans Act

Regulatory instruments made under this Act are primarily various marine protected areas regulations and Ministerial Orders designating interim marine protected areas.

Coastal Fisheries Protection Act

The Coastal Fisheries Protection Regulations (CFPR) establish the Minister’s power to issue licences authorizing foreign fishing vessels to enter Canadian fisheries waters to engage in specified fisheries- related activities. The CFPR also set out the applicable boarding and inspection procedures.

Fishing and Recreational Harbours Act

The Fishing and Recreation Harbours Regulations regulate the use, management, and maintenance of certain fishing and recreational harbours in Canada, including setting out fees and charges.

Species at Risk Act

Examples of regulatory activity under the Act include the GiC’s authority to amend the Act’s List of Wildlife Species at Risk and the Minister’s obligation to make orders to protect the critical habitat of listed species.

Legislative framework: other statutes (issue specific)

Freshwater Fish Marketing Act

Creates a Crown Corporation, the Freshwater Fish Marketing Corporation, for the purpose of marketing and trading in freshwater fish/fish products interprovincially and outside Canada and increasing returns to fish harvesters.

Fisheries Improvement Loan Act

Gives the Minister the power to guarantee fishermen’s loans made for vessels, equipment, shore installations, buildings, or any prescribed (by regulation) development or improvement of a primary fishing enterprise.

Fisheries Development Act

Prov ides for the development of the commercial fisheries of Canada. Under this Act, the Minister may undertake projects, including jointly with a Province or a person, for the more efficient exploitation of fishery resources and for the exploration and development of new fishery resources.

Atlantic Fisheries Restructuring Act

Prov ides that the Minister may make contributions or loans to fishery enterprises to “facilitate the development of viable Atlantic Fisheries that are competitive and privately-owned through the restructuring of fishery enterprises”.

Great Lakes Fisheries Convention Act

Implements the Convention on Great Lakes Fisheries between Canada and the United States of America. The Convention establishes the Great Lakes Fishery Commission with members from both countries.

Fishing and Recreational Harbours Act

Prov ides the Minister with Authority to regulate the use, management and maintenance of recreational or fishing harbours including collection of fees for the use of harbours under Ministerial control. Scheduled harbours may also be leased or licensed to other persons.