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The Fisheries Act
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This version is current as of October 18, 2017.
It has been in effect since June 2, 2017.

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C.C.S.M. c. F90

The Fisheries Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act

"consumer" means a person who acquires or purchases fish for personal use or consumption by himself or his family and not in commercial quantities; (« consommateur »)

"container" includes any type of receptacle, package, wrapper or confining band, used in packing or marketing fish; (« récipient »)

"corporation" means the Freshwater Fish Marketing Corporation established under the Freshwater Fish Marketing Act (Canada); (« Office »)

"department" means the department of government administered by the minister; (« ministère »)

"Director" means the Director of the Fisheries Branch within the department; (« directeur »)

"fish", where used as a noun, means

(a) in Parts I and V, round, dressed or filleted fish of any species enumerated in the Schedule, whether fresh or frozen and whether packaged or unpackaged, and includes parts of those fish, and

(b) in all other Parts, any freshwater or saltwater fish, shellfish, crustaceans or aquatic invertebrates, and includes

(i) round, dressed and filleted fish, whether fresh or frozen and whether packaged or unpackaged, and

(ii) parts, products and by-products of those fish, shellfish, crustaceans and aquatic invertebrates; (« poisson »)

"fisher" means a person licensed under this Act or the Fisheries Act (Canada), and any regulations made under either Act, to fish for commercial purposes, and includes any other person authorized under the regulations to fish on behalf of a licensed person; (« pêcheur »)

"fur farmer" means a person whose occupation is operating a premises on which fur-bearing animals are kept in captivity for sale or for the purpose of selling their pelts; (« éleveur d'animaux à fourrure »)

"inspector" means an inspector appointed under this Act; (« inspecteur »)

"lending agency" means any incorporated board, commission, association, agency or similar body

(a) all the members of which, or all the members of the board of management, board of directors, or other governing board, of which are appointed by an Act of the Legislature or an Act of Parliament, or by the Lieutenant Governor in Council or the Governor General in Council, and

(b) which is designated by the Lieutenant Governor in Council as the lending agency under this Act; (« organisme de prêt »)

"licence" means a licence or permit issued under this Act or the regulations; (« permis »)

"marketing" includes bartering, advertising, acquiring, packing, processing, storing, shipping, and transporting, for the purposes of sale or in anticipation of sale; (« commercialisation »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"officer" means

(a) a person appointed as an officer under subsection 15(1),

(a.1) a conservation officer appointed under The Conservation Officers Act, and

(b) a peace officer appointed under an Act of the Legislature or the Parliament of Canada; (« agent »)

"processing" includes the cleaning, filleting, smoking, salting, icing, packing, freezing, cooking, pickling or drying of fish, or the preparing of fish for market in any other manner; (« traitement »)

"producer" means

(a) a fisher, or

(b) a person authorized in writing by the Director to sell fish to a consumer on behalf of a fisher. (« producteur »)

R.S.M. 1987 Supp., c. 31, s. 9; S.M. 1988-89, c. 11, s. 10; S.M. 1993, c. 34, s. 2; S.M. 1996, c. 46, s. 2; S.M. 2004, c. 32, s. 2 and 3; S.M. 2015, c. 4, s. 21.

PART I

FRESHWATER FISH MARKETING

2           [Repealed]

S.M. 2004, c. 32, s. 4.

Powers of corporation

3           The corporation has, in respect of the marketing of fish locally within the province that is within the legislative jurisdiction of the Legislature, all the powers and rights that it has under the Freshwater Fish Marketing Act (Canada) in respect of the inter-provincial and export trade in fish.

Power to make regulations

4           The corporation, for the purpose of carrying out the intent of this Act, may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under this section has the force of law.

Employment of inspectors

5           The corporation may appoint as an inspector for the purposes of enforcing this Part and the regulations made under this Part any person designated as an inspector for the purposes of the Freshwater Fish Marketing Act (Canada).

Powers and duties of inspectors

6           An inspector appointed under section 5 has all the powers, rights and duties for the purposes of enforcing this Part and the regulations made under this Part that an inspector under the Freshwater Fish Marketing Act has under that Act.

Agreements with Canada

7           The Government of Manitoba may, with the approval of the Lieutenant Governor in Council, enter into agreements with the Government of Canada, or a minister thereof, for the purpose of

(a) co-operating in the control and regulation of the marketing of fish;

(b) providing for any of the matters set out in section 24 of the Freshwater Fish Marketing Act (Canada); and

(c) providing for the sharing by the Government of Manitoba, with the Government of Canada of initial operating and establishment expenses of the corporation and of any losses incurred as a result of

(i) any guarantee of repayment of loans, and interest thereon, made by any bank to the corporation, and

(ii) loans made by Canada to the corporation,

under subsection 16(1) of the Freshwater Fish Marketing Act (Canada).

S.M. 1993, c. 34, s. 3.

Interim injunctions against corporation prohibited

8           Notwithstanding The Court of Queen's Bench Act, or any other Act or law in force in Manitoba, no act or operation of the corporation shall be enjoined, suspended, prohibited, or restrained by an interim, or interlocutory, order or judgment of the Court of Queen's Bench, or any judge thereof, or any other court or judge.

S.M. 2015, c. 43, s. 19.

Prohibition respecting dealing in fish

9           Subject to section 10, except as permitted by the regulations, or authorized by the corporation,

(a) no person shall sell or agree to sell fish in the province for delivery within the province, except to the corporation or an agent of the corporation; and

(b) no person shall purchase or agree to purchase fish in the province for delivery within the province unless the fish is purchased from the corporation or an agent of the corporation.

R.S.M. 1987 Supp., c. 31, s. 9.

Saving clause

10(1)       Notwithstanding section 9

(a) a producer may sell or agree to sell fish caught in the province directly to a consumer in the province;

(b) a producer may sell or agree to sell coarse fish caught in the province directly to a fur farmer in the province;

(c) a consumer may purchase or agree to purchase fish directly from a producer for his own use; and

(d) a fur farmer may purchase or agree to purchase coarse fish directly from a producer for food for his animals.

Authorization of Director

10(2)       The written authorization referred to in clause (b) of the definition of "producer" in section 1 may be given by the Director.

R.S.M. 1987 Supp., c. 31, s. 9.

Regulations

11          The minister may make regulations

(a) declaring any fish of a species or type named in the Schedule to be a coarse fish;

(b) exempting any fish or any class, variety or grade of fish produced in the province or in any area of the province, or any person or class of persons from any provision of this Act or the regulations;

(c) prescribing the records to be kept respecting all fish caught, taken or marketed in the province;

(d) respecting the transportation of fish in the province;

(e) requiring documentation to accompany fish marketed in the province and respecting the information to be contained in such documentation;

(f) respecting the packing, packaging and labelling of fish marketed in the province;

(g) respecting the marketing of fish in the province by persons other than the corporation, but including agents of the corporation;

(h) requiring persons marketing fish, other than the corporation, but including agents of the corporation, to be registered or licensed, and providing for the following:

(i) the eligibility requirements for registration or a licence,

(ii) applications for registration or a licence,

(iii) the term of registrations or licences,

(iv) the imposition of terms or conditions on registrations or licences,

(v) the fees for registrations or licences,

(vi) the suspension, cancellation and reinstatement of registrations or licences,

(vii) the transfer of registrations or licences,

(viii) the conduct of appeals respecting registrations or licences,

(ix) any other matter necessary to establish and enforce a program dealing with the registration or licensing of persons marketing fish.

R.S.M. 1987 Supp., c. 31, s. 9; S.M. 2004, c. 32, s. 5.

Contracts that are void

12          Any contract or agreement for the sale, purchase, or transportation of fish in contravention of any provision of this Part or of any regulation made under this Part is void.

13          [Repealed]

S.M. 2004, c. 32, s. 6.

PART II

14          [Repealed]

S.M. 2004, c. 32, s. 7.

PART II.1

LICENSING

INTERPRETATION

Definitions

14.1(1)     In this Part,

"fish", where used as a verb, means catch or attempt to catch fish; (« pêcher »)

"Manitoba waters" means a wetland, a body of water or a portion of a body of water, the bed of which is owned

(a) by the Crown in right of Manitoba, or

(b) by a person who has entered into an agreement with the minister regarding the maintenance and enhancement of fish populations and the licensing of fishing in those waters; (« eaux manitobaines »)

"wild fish" means fish that is wild by nature in Manitoba waters or fish that has been introduced into Manitoba waters. (« poisson sauvage »)

Presumption of Crown ownership

14.1(2)     For the purposes of this Part, in the absence of evidence to the contrary, the bed of each wetland, body of water or portion of a body of water within Manitoba is presumed to be owned by the Crown in right of Manitoba unless it forms part of an Indian reserve or a national park.

S.M. 1996, c. 46, s. 3.

PROPERTY IN FISH

Property in fish

14.2(1)     The property in all wild fish, including wild fish that have been unlawfully caught, is vested in the Crown, and no person may acquire any right or property in such fish other than in accordance with this Act.

Property in fish lawfully caught

14.2(2)     Any person who has lawful possession of wild fish has, subject to this Act, all property rights in the fish.

Possession

14.2(3)     For the purposes of this Act and the regulations,

(a) a person has possession of any thing when it is in the person's actual possession or custody or, with the person's knowledge and consent, it is

(i) in the actual possession or custody of another person, or

(ii) in any place, whether or not that place belongs to or is occupied by the person, for the use or benefit of the person or of another person; and

(b) where one or more persons, with the knowledge and consent of one or more other persons, have custody or possession of any thing, it shall be deemed to be in the custody and possession of each and all of them.

S.M. 1996, c. 46, s. 3.

LICENCES

Powers of minister

14.3(1)     Subject to the regulations, the minister may

(a) issue any licence subject to such terms and conditions that the minister considers appropriate;

(b) alter the terms or conditions of any existing licence where the minister considers it appropriate;

(c) establish the number, types or classes of licences that may be issued;

(d) establish how licences are to be allocated;

(e) specify or alter the form of any licence; or

(f) do anything the minister considers necessary to develop, maintain, enhance, manage or use Manitoba's fisheries in a sustainable manner.

Licence conditions

14.3(2)     Subject to the regulations, the minister, as a term or condition of any licence, may limit or specify

(a) the species and quantity of fish permitted to be taken;

(b) the period during which fishing is permitted;

(c) the Manitoba waters in which fishing is permitted;

(d) the type and quantity of fishing gear and equipment that are permitted to be possessed or used and the manner in which they are permitted to be used;

(e) the person or persons who may conduct fishing operations under the licence;

(f) the measures to be taken respecting the release into waters of fish or the disposal of fish, to avoid harming existing fish stocks;

(g) the information to be provided to the Director or an officer with respect to any fish caught, and the manner in which it is to be reported;

(h) the consequences of contravening or failing to comply with any term or condition of the licence;

(i) any other terms or conditions that the minister considers appropriate.

Delegation of licensing

14.3(3)     The minister may authorize persons not employed by the government to issue licences on behalf of the minister, subject to such terms and conditions as the minister considers appropriate.

Compliance with licence

14.3(4)     The holder of a licence shall comply with all of its terms and conditions.

Transferability of licence

14.3(5)     A licence is not transferable except in accordance with the regulations.

Term of licence

14.3(6)     A licence is valid for the period specified on the licence or in the regulations.

Application for licence

14.3(7)     The minister may require an application for a licence to be in a form approved by the minister.

Licence fee

14.3(8)     Every person to whom a licence is issued shall pay the fee, if any, prescribed by regulation for the licence.

Requirement for information

14.3(9)     The minister may require the holder of a licence, or an applicant for a licence or renewal of a licence, to provide the minister with information for the purposes of

(a) evaluating an application for a licence or renewal of a licence; or

(b) monitoring activities conducted pursuant to a licence.

Obligation to carry and produce licence

14.3(10)    Every person to whom a licence has been issued shall at all times while engaged in any activity authorized by the licence

(a) carry the licence on his or her person; and

(b) if requested by an officer, immediately produce the licence for examination.

Validity of licence

14.3(11)    No licence is valid

(a) until the person to whom it is issued has

(i) signed it in the space provided for that purpose, or

(ii) affixed his or her mark in the space provided for that purpose in the presence of a witness who attests to the affixing of the mark;

(b) if it is issued on the basis of false information or to a person who is not eligible to hold it;

(c) if the correct date of issue is not entered on the licence.

Transitional

14.3(12)    A valid and subsisting licence issued under the Manitoba Fishery Regulations, 1987 under the Fisheries Act (Canada) before the coming into force of this section is deemed to be a valid and subsisting licence issued under this Act.

S.M. 1996, c. 46, s. 3.

PROHIBITIONS RESPECTING LICENCES

Prohibition against fishing, etc.

14.4(1)     No person shall, except under the authority of a licence,

(a) fish in Manitoba waters unless permitted by regulation; or

(b) carry on any activity related to fishing in Manitoba waters that is prohibited by the regulations.

Unlawful possession

14.4(2)     No person shall acquire or possess fish caught in contravention of this Act, the regulations or a licence.

False information

14.4(3)     No person shall provide false or misleading information to the minister or any official of the department in, or in support of, an application for a licence.

Prohibitions re licence

14.4(4)     No person shall

(a) alter or deface a licence; or

(b) permit another person to use his or her licence.

Exception

14.4(5)     Subsections (1) and (2) do not apply to an officer in the performance of his or her duties under this Act.

S.M. 1996, c. 46, s. 3.

REGULATIONS

Ministerial regulations

14.5(1)     The minister may make regulations

(a) defining, enlarging or restricting the meaning of any word or phrase used in this Act but not defined in this Act;

(b) requiring the keeping of records, the provision of information to an officer and the submission of returns to the department for activities related to this Act;

(c) prescribing categories of licences or activities authorized by licences;

(d) prescribing eligibility requirements and application forms for the issue, renewal or transfer of licences;

(d.1) respecting the manner in which licences may be issued, including the submission of applications and the issuance of licences using the Internet;

(e) respecting the use of tags associated with a licence;

(f) respecting the terms and conditions and the transferability of licences;

(g) respecting the licensing of fishers' helpers or employees;

(h) respecting the time, the area, and the fish to which a licence relates or is limited;

(i) respecting fishing quotas or limits on the number, size or weight of fish caught and retained under the authority of a licence;

(j) respecting the revocation of licences and any process related to those revocations;

(k) respecting the use of fishing gear and equipment;

(l) restricting or prohibiting the sale or possession of live bait fish;

(m) designating any area of Manitoba as an area for managing, controlling and harvesting fish and prohibiting or restricting fishing or any activity related to fishing in the designated area;

(n) respecting the terms and conditions under which persons may engage in fishing without a licence;

(o) governing the operation of fishing events, including performance standards and the keeping of records in respect of the events;

(p) governing safety practices in fishing and related activities;

(q) respecting the propagation, rearing, keeping, disposition, marketing, transportation, importation or stocking of live fish, including those acquired and raised for aquaculture purposes;

(r) respecting the allocation of fish resources in Manitoba waters to persons or classes of persons;

(s) restricting or prohibiting any activity related to fishing in Manitoba waters;

(t) respecting any other matter relating to fish, fishing or fisheries within the jurisdiction of Manitoba.

L.G. in C. regulations

14.5(2)     The Lieutenant Governor in Council may make regulations

(a) respecting fees payable for licences;

(b) respecting the remuneration of persons authorized by the minister to issue licences;

(c) governing the imposition and collection of royalties for fish caught pursuant to any licence;

(d) prescribing ticketable offences against this Act or the regulations, the manner in which the offences may be described in tickets and the fines payable in respect of the ticketable offences;

(e) respecting any matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act.

S.M. 1996, c. 46, s. 3; S.M. 2004, c. 32, s. 3 and 8; S.M. 2015, c. 33, s. 22.

PART II.2

ENFORCEMENT

Appointment of inspectors and officers

15(1)       The minister may appoint inspectors and officers for the purposes of administering and enforcing this Act and the regulations.

Authority of inspectors and officers

15(1.1)     For the purposes of this Act and the regulations, each inspector or officer is, and has and may exercise the powers and authority of, a police constable or peace officer.

Power of arrest

15(1.2)     An inspector or officer, on witnessing the commission of an offence under this Act or the regulations, may without process arrest the person found committing the offence and bring the person before a court of competent jurisdiction to be dealt with according to law.

Inspection

15(2)       An inspector or an officer may, at any reasonable time and where reasonably required to determine compliance with this Act or the regulations, without a warrant, enter and inspect any place, including any premises, vehicle, aircraft, boat or railway car, other than a dwelling, and may

(a) open any container that the inspector or officer has reason to believe contains fish;

(b) examine any fish that the inspector or officer finds and take samples of it; and

(c) require any person to produce for examination or copying any licence, records, bills of lading or other documents.

Prohibition or obstruction of inspector or officer

15(3)       No person shall obstruct, impede, or refuse to admit, an inspector or officer or other person acting in the execution of this Act or the regulations; and no person shall aid or assist any person in obstructing, impeding, or refusing to admit, an inspector or officer or other person so acting.

S.M. 1994, c. 6, s. 2; S.M. 1996, c. 46, s. 4.

16          [Repealed]

S.M. 2004, c. 32, s. 9.

Seizure in execution of duties

16.1        An inspector or officer acting in the course or scope of duty who discovers an offence being committed against this Act or the regulations may seize any vehicle, boat, fish, net, fishing equipment or other thing which is being used to commit the offence or which is evidence of the offence. The inspector or officer must bring the seized item before a justice, or report on it to a justice, to be dealt with according to law.

S.M. 2004, c. 32, s. 10.

Search and seizure

17(1)       An inspector or an officer who believes on reasonable grounds that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any place, including any premises, vehicle, aircraft, boat or railway car, any fish or other thing that will afford evidence of the offence;

may, with a warrant issued under subsection (1.1), enter and search any place for the fish or other thing and may seize it.

Warrant

17(1.1)     A justice who is satisfied by information upon oath that there are reasonable grounds to believe that there is in any place referred to in subsection (1) any fish or other thing referred to in that subsection may

issue a warrant authorizing an inspector or an officer and such other persons as may be named in the warrant to enter and search the place for the fish or other thing and to seize it.

Where warrant not necessary

17(1.2)     Notwithstanding subsection (1), an inspector or an officer may exercise the power of search and seizure referred to in that subsection without a warrant if the conditions for obtaining a warrant exist but it is not practicable in the circumstances to obtain one.

Detention of fish, etc., seized

17(2)       All fish and other things seized under this section may be detained for a period of two months following the day of seizure, unless during that period proceedings under this Act in respect of those fish and other things are taken, in which case the fish and other things may be further detained until the proceedings are finally concluded.

Disposal of fish seized

17(3)       Where a person is convicted of an offence against this Part or the regulations, in addition to any penalty imposed, any fish or containers by means of, or in relation to, which the offence was committed are forfeited to the government and shall be disposed of as the minister directs.

S.M. 1994, c. 6, s. 3; S.M. 1996, c. 46, s. 5.

Inspector or officer may stop vehicle

17.1        An inspector or an officer, in the execution of his or her duties and responsibilities under this Act or the regulations or under any other enactment, may signal or request any person driving a vehicle or boat to stop, and the person shall immediately bring the vehicle or boat to a stop and shall not proceed until permitted to do so by the inspector or officer.

S.M. 1994, c. 6, s. 4; S.M. 1996, c. 46, s. 6.

PART III

LOANS

Definition

18          In this Part "loan" means a loan made by the lending agency under this Part.

Advances to lending agency

19(1)       With no other authority than this Act, there shall be advanced to the lending agency on the requisition of the minister from and out of the Consolidated Fund, on such terms and conditions, including terms and conditions respecting repayment of the advances, interest to be charged on the advances and the rate of such interest, as the Lieutenant Governor in Council may prescribe, amounts not exceeding an aggregate $10,000,000. to be used by the lending agency in accordance with this Part.

Acceptance of additional moneys

19(2)       The government may receive and accept moneys from any source to be used for the purposes of making loans under this Part; and the minister, for and on behalf of the government, with the approval of the Lieutenant Governor in Council, may make agreements for that purpose.

Advances of moneys received

19(3)       Any moneys received under subsection (2) may be paid to the lending agency on the requisition of the minister in addition to any moneys payable under subsection (1).

S.M. 1988-89, c. 13, s. 11.

Separate accounts

20          The moneys paid or advanced to the lending agency under this Part shall be dealt with by the lending agency for accounting purposes in the same manner as other moneys of the lending agency but it shall keep in its records a separate account

(a) to which shall be credited

(i) all moneys advanced to it under this Part,

(ii) all moneys collected on repayment of loans and as interest on loans, and

(iii) all moneys collected on the disposal of security taken to secure repayment of loans; and

(b) from which shall be paid

(i) all moneys advanced on loans, and

(ii) all costs incurred by the lending agency in making loans and administering this Part.

Authority for loans

21          Notwithstanding any provision of any Act of the Legislature establishing or relating specifically to the lending agency, the lending agency may, with the moneys paid and advanced to it under this Part, make loans, subject to and in accordance with the regulations, to fishers and to co-operative corporations composed of fishers.

S.M. 2004, c. 32, s. 3.

Loans in lending agency's name

22          The lending agency shall make and collect all loans, and take all actions and proceedings to collect loans or recover under security taken in respect of loans, in its own name.

Costs of administration

23          The member of the Executive Council who is responsible for the conduct and business of the lending agency under the Act or order establishing the lending agency, or if there is no such member of the Executive Council, the minister shall, from time to time, determine the part of the costs of administration of the lending agency that are incurred in making loans and administering this Part; and that determination is final and binding on the lending agency and all other persons.

Regulations

24          For the purpose of carrying out the provisions of this Part according to their intent, the lending agency may, with the approval of the Lieutenant Governor in Council, make regulations

(a) respecting the purposes for which loans may be made;

(b) respecting the security to be taken to secure the repayment of loans;

(c) prescribing the maximum amount that may be loaned on any loan, or on any loan of a class of loans;

(d) prescribing the rate of interest to be charged on loans;

(e) respecting the qualifications of persons to whom loans may be made;

(f) respecting the administration of this Part and the procedures to be followed in the making of loans.

S.M. 2017, c. 26, s. 13.

PART IV

GENERAL

Offence and penalty

25(1)       Every person who contravenes or fails to comply with this Act or the regulations, or any directive or order of the corporation, an inspector or an officer made under this Act or the regulations, for which no penalty is elsewhere provided herein, is guilty of an offence and liable, on summary conviction, to a fine not exceeding $100,000., or to imprisonment for a term not exceeding six months, or to both.

Offences by corporation

25(2)       If a corporation is guilty of an offence under this Act, any officer, director, or agent of the corporation who directed, authorized, assented to, acquiesced in, or participated in, the commission of the offence, is a party to, and guilty of the offence.

Limitation period for prosecution

25(3)       Proceedings to prosecute a person for an alleged offence under this Act may be commenced at any time within one year after the time when the subject matter of the proceedings arose.

S.M. 1994, c. 6, s. 5; S.M. 1996, c. 46, s. 7; S.M. 2004, c. 32, s. 12.

Liability for value of fish involved in offence

25.1(1)     A person who is convicted of a prescribed offence involving the catching or possession of fish under

(a) this Act;

(b) a regulation made under this Act;

(c) the Fisheries Act (Canada); or

(d) the Manitoba Fishery Regulations, 1987, SOR/87-509, made under the Fisheries Act (Canada);

is liable to the Crown for the value of the fish involved in the offence.

Calculating value of fish

25.1(2)     The value of fish is to be calculated in accordance with regulations made under section 25.4.

Joint and several liability

25.1(3)     If more than one person is convicted of an offence involving the same fish, each person is jointly and severally liable to the Crown for the value of the fish.

Liability in addition to other consequences

25.1(4)     Liability to the Crown under this section is in addition to any fine, imprisonment, forfeiture or other consequence imposed as a result of the conviction.

Regulations

25.1(5)     The minister may make regulations prescribing offences for the purpose of subsection (1).

Interpretation: "convicted"

25.1(6)     For the purpose of this section and sections 25.2 to 25.6, a person is convicted of an offence if he or she is found guilty of the offence, pleads guilty to the offence or pays a fine imposed in relation to the offence.

S.M. 2014, c. 19, s. 2.

Notice of potential liability when charged

25.2(1)     When a person is charged with an offence described in subsection 25.1(1), he or she must be provided with a written notice that advises the person that he or she will be liable to the Crown for the value of the fish involved in the offence if he or she is convicted of the offence.

Notice of amount owing on conviction

25.2(2)     The department must provide a person convicted of an offence described in subsection 25.1(1) with a written notice setting out the amount that the person owes to the Crown for the value of the fish involved in the offence and the deadline for payment. The payment deadline must be at least 60 days after the notice is sent.

S.M. 2014, c. 19, s. 2.

Action to recover amount owing

25.3        The amount that a person who is convicted of an offence described in subsection 25.1(1) owes to the Crown for the value of the fish involved in the offence may be enforced by action in the Court of Queen's Bench.

S.M. 2014, c. 19, s. 2.

Regulations establishing value of fish

25.4(1)     The minister may make regulations establishing the value of fish.

Calculating value

25.4(2)     The regulations may establish the value of fish based on one or more of the following:

(a) the species of fish;

(b) the size or weight of the fish;

(c) the location where the fish was caught.

S.M. 2014, c. 19, s. 2.

Payment into fish enhancement account

25.5        Despite The Financial Administration Act, all amounts paid to the Crown by a person convicted of an offence described in subsection 25.1(1) for the value of the fish involved in the offence must be paid or credited to the fish enhancement account of the Fish and Wildlife Enhancement Fund established under The Fish and Wildlife Enhancement Fund Act.

S.M. 2014, c. 19, s. 2.

Licences cancelled while amounts owing

25.6(1)     When a person who is convicted of an offence described in subsection 25.1(1) fails to pay the amount owing to the Crown for the value of the fish involved in the offence by the deadline specified in the notice provided under subsection 25.2(2), any licence issued under this Act that is held by the person is cancelled and the right of the person to obtain or hold such a licence is suspended until the amount owing to the Crown is paid.

Prohibition on obtaining licence

25.6(2)     A person whose right to hold a licence is suspended under subsection (1) must not obtain or attempt to obtain any licence under this Act until the amount owing to the Crown is paid.

S.M. 2014, c. 19, s. 2.

Falsification or alteration of documents, etc.

26          No person shall falsify or unlawfully alter, destroy, erase, or obliterate, any declaration, order or directive of the corporation, inspection certificate or other document made or issued under this Act or the regulations or any mark placed on any container under this Act or the regulations.

Sale of unwholesome fish prohibited

27          No person shall sell, offer for sale, or hold in possession for sale, any fish, intended for human consumption that is tainted, decomposed or unwholesome.

Interference prohibited

27.1(1)     No person shall remove, damage or in any way interfere with any net or other fishing gear or equipment set out by any other person for the purpose of catching fish.

Exception for officers

27.1(2)     Subsection (1) does not apply to an inspector or officer in the performance of his or her duties under this Act or the Fisheries Act (Canada).

S.M. 2004, c. 32, s. 13.

Place of commission of offence

28          Every offence against this Act or the regulations shall, for the purposes of any prosecution, be deemed to have been committed, and every cause of complaint under this Act or the regulations shall be deemed to have arisen,

(a) in the place where the offence was actually committed; or

(b) the place where it was first discovered by an inspector or officer; or

(c) the place where the defendant resides or is found.

S.M. 1996, c. 46, s. 8.

Definition of "property"

29(1)       In this section, property means any real or personal property purchased by the minister on or before May 1, 1971 for and on behalf of the government which property had been used by the owner thereof in, or in connection with, his business as a fisher, fish dealer or fish processor, as an earning asset in that business and could no longer be used by the owner because of the operations of the corporation.

Disposal of property

29(2)       Notwithstanding The Crown Lands Act, but subject to subsection (3), the minister

(a) with the approval of the Lieutenant Governor in Council may sell, exchange, convey, or otherwise dispose of or turn to account, any property or any part thereof, or any estate or interest therein; or

(b) with like approval, may lease any real property where the annual rental value thereof is, in the opinion of the minister, more than $500.; or

(c) without that approval, may lease any property that is real property where the annual rental value thereof is, in the opinion of the minister, less than $500.; or

(d) without that approval may lease any property that is personal property.

Disposal under $500. value

29(3)       Where the value of the property to be sold or disposed of, does not, in the opinion of the minister, exceed $500., the approval of the Lieutenant Governor in Council to the sale or disposal thereof is not required unless the property consists of two or more parcels or items that form part of, or are sold in, a group, lot, or set, and the aggregate value of all the parcels or items is more than $500.

S.M. 2004, c. 32, s. 3.

Personal liability of officials limited

30          Neither the members of the corporation, nor the manager, nor any person acting under the instructions of any of them or under the authority of this Act or the regulations is personally liable for any loss or damage suffered by any person by reason of anything in good faith done or omitted to be done by him or them pursuant to, or in the exercise or supposed exercise of, the powers given to him or to them or any of them under this Act or the regulations.

Annual reports by minister

31(1)       Within nine months after the close of each fiscal year of the government, the minister shall prepare a report of its administration of this Act, including a review of all fisheries allocations, for that fiscal year and lay the report before the Assembly if the Legislature is then in session or, if the Legislature is not then in session, within 15 days of the beginning of the next following session of the Legislature.

Five year reports by minister

31(2)       In addition to the reports required under subsection (1), the minister shall, within nine months after the close of the fiscal year ending on March 31, 1989 and within nine months after the close of the fiscal year of the government ending in every fifth year thereafter, prepare and lay before the Assembly forthwith, if the Legislature is then in session or if it is not then in session within 15 days after the opening of the next following session, a report containing

(a) a review of the status of the fisheries resources in the province including the status of any species of fish mentioned in the Schedule and such other species of fish as the minister may select for review;

(b) a review of the fisheries management programs carried on by the government and an assessment of their effectiveness;

(c) an analysis of trends in and the forecast of demands for, the use of fisheries resources in the province; and

(d) an evaluation of the capability of the fisheries resources in the province to meet anticipated demands.

Minister may delegate

31.1        The minister may delegate to an employee of the government any duty or power conferred or imposed on the minister under this Act or the regulations, except the power to make regulations.

S.M. 2008, c. 42, s. 40.

PART V

QUOTA ENTITLEMENT SYSTEM

Definition

32          In this Part, "individual quota entitlement" means a property interest of a fisher in a right to fish a certain quantity of one or more species of fish, in a particular area and for a particular season, for commercial purposes.

S.M. 1993, c. 34, s. 4; S.M. 2004, c. 32, s. 3.

Regulations

33(1)       The Lieutenant Governor in Council may, for the purpose of regulating the fish harvesting rights and responsibilities of fishers within the province for commercial purposes and after such consultations with fishers affected as the Lieutenant Governor in Council considers appropriate, make regulations

(a) respecting the criteria for the creation, allocation and adjustment of individual quota entitlements;

(b) respecting the requirements for ownership, transfer and disposition of individual quota entitlements;

(c) respecting the qualifications and obligations of fishers holding individual quota entitlements in terms of quantity, species, area and season;

(d) respecting the rights and obligations of fishers holding individual quota entitlements upon injury, sickness, retirement, death and change of residence;

(e) respecting the suspension and revocation of individual quota entitlements;

(f) respecting the creation, administration and powers, duties and functions of a fishing licence suspension review board;

(g) respecting the creation, administration and powers, duties and functions of a fishing licence advisory board;

(h) respecting the creation and administration of fishing community licencing areas;

(i) respecting the procedures for pledging or lodging individual quota entitlements as security for loans;

(j) respecting such other matters as may be required for the efficient administration of fish harvesting rights and responsibilities under an individual quota entitlement system and for the purposes of this Part.

Area of application of regulations

33(2)       A regulation made under subsection (1) may be made to apply to the whole of the province or to any part of the province.

Transfer of individual quota entitlements

33(3)       A regulation made under subsection (1) shall provide that a fisher is not entitled to transfer or dispose of his or her individual quota entitlement in respect of an area in Northern Manitoba as defined in The Northern Affairs Act unless the fisher has publicly offered the individual quota entitlement to other persons who hold, or who are eligible to hold, an individual quota entitlement in that area.

S.M. 1993, c. 34, s. 4; S.M. 2004, c. 32, s. 3.

Individual quota entitlements

34(1)       The allocation of an individual quota entitlement to a fisher pursuant to a regulation made under subsection 33(1) constitutes a property interest of the fisher in a right to fish the specified quota.

Dealing in individual quota entitlements

34(2)       Subject to any regulation made under subsection 33(1), a fisher may buy, sell or pledge as security an individual quota entitlement.

S.M. 1993, c. 34, s. 4; S.M. 2004, c. 32, s. 3.