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S.M. 2017, c. 33
Bill 23, 2 nd Session, 41st Legislature
The Fisheries Amendment Act
This note is a reader's aid and is not part of the law.
This Act amends The Fisheries Act. It eliminates the monopoly that the Freshwater Fish Marketing Corporation had on the marketing of freshwater fish in Manitoba. A person who meets requirements established by regulation may obtain a fish dealer licence that authorizes the person to purchase and sell fish within Manitoba or for export. A number of exceptions are established that permit the purchase or sale of fish without a fish dealer licence.
The Act also requires the operator of a fish processing facility to be licensed, unless the facility is operated by a licensed fish dealer or a commercial fisher who only processes fish he or she caught or if the facility is located at a retail establishment.
The wording in a provision that requires a person to carry and produce a licence is updated. Wording in a provision respecting the forfeiture of seized fish is clarified.
(Assented to November 10, 2017)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Fisheries Act is amended by this Act.
Section 1 is amended
(a) in the definition "Director", by adding "Wildlife and" before "Fisheries";
(b) by repealing the definitions "corporation" and "producer"; and
(c) by adding the following definitions:
"licensed fish dealer" means the holder of a fish dealer licence issued under the regulations; (« commerçant de poisson autorisé »)
"processing facility" means a facility in which the processing of fish takes place; (« installation de traitement »)
"purchase" includes to offer to purchase; (« achat »)
"retail establishment" means a commercial establishment that is equipped with operating refrigeration facilities and that is authorized to serve or sell food, and includes a restaurant or food store; (« établissement de vente au détail »)
"sell" includes to offer for sale. (« vente »)
The heading for Part I is amended by striking out "FRESHWATER FISH".
The following is added as section 8.1:
Fish dealer licence requirement
Subject to sections 9 and 10, no person shall purchase or sell fish in Manitoba unless he or she holds a fish dealer licence issued in accordance with the regulations.
Subsection (1) applies even if the fish is to be exported from Manitoba.
Sections 9 and 10 are replaced with the following:
Purchase only from licensed fish dealer
No person shall purchase fish in Manitoba, except from a licensed fish dealer.
Sale only to licensed fish dealer
No person shall sell fish in Manitoba, except to a licensed fish dealer.
This section applies even if the fish is to be exported from Manitoba.
Exceptions to licensing and sale requirements
Nothing in sections 8.1 and 9 prohibits
(a) the sale of fish by the owner or operator of a retail establishment directly to a consumer at the establishment, if all fish sold at the establishment have been purchased from a licensed fish dealer;
(b) the sale by a fisher of fish that he or she caught directly to a consumer in Manitoba;
(c) the sale by a fisher of coarse fish that he or she caught directly to a fur farmer; or
(d) the purchase or sale of fish by persons who are not licensed fish dealers when authorized by the regulations.
The following is added after section 10:
Processing facility licence requirement
No person shall operate a processing facility unless he or she holds a licence for that facility issued in accordance with the regulations.
Subsection (1) does not apply
(a) to a processing facility operated by a fisher, if the only fish processed at the facility have been caught by the fisher;
(b) to a processing facility operated by a licensed fish dealer; or
(c) to a processing facility located at a retail establishment.
Section 11 is amended
(a) by adding the following after clause (c):
(c.1) restricting or prohibiting the marketing of a specified species of fish, or fish from a specified area of Manitoba;
(c.2) restricting or prohibiting the marketing of a specified part of a specified species of fish;
(b) in clause (f), by striking out "packing," and substituting "processing,";
(c) by adding the following after clause (f):
(f.1) prescribing standards for the design and operation of processing facilities;
(d) by replacing clause (g) with the following:
(g) authorizing persons other than licensed fish dealers to purchase or sell fish in Manitoba, and imposing restrictions or requirements on such persons;
(e) by replacing clause (h) with the following:
(h) respecting fish dealer licences and processing facility licences, including
(i) applications for a licence,
(ii) eligibility requirements for a licence,
(iii) requiring the holder of a licence to provide a bond or other security to ensure that the holder complies with the requirements of this Act,
(iv) the imposition of terms and conditions on a licence,
(v) prescribing the fee payable for a licence,
(vi) establishing the term of a licence,
(vii) the suspension, cancellation and reinstatement of a licence, and
(viii) the records to be kept by the holder of a licence and the provision of those records to the Director;
(f) by adding the following after clause (h):
(i) respecting the operations of licensed fish dealers;
(j) respecting the operation of licensed fish processing facilities;
(k) exempting a person or a class of persons from one or more of the requirements of this Part;
(l) exempting a specified species of fish from the application of this Part;
(m) respecting any matter the minister considers necessary or advisable to ensure that the marketing of fish is carried out in a sustainable manner.
Subsection 14.3(10) is amended in the part before clause (a) by striking out "Every person to whom a licence has been issued" and substituting "Every person who is required to hold a licence in order to engage in specified activities".
Subsection 17(3) is amended by striking out "this Part" and substituting "this Act".
Subsection 25(1) is amended by striking out "the corporation,".
Section 26 is amended by striking out "of the corporation".
Sections 29 and 30 are repealed.
Manitoba no longer a participant under federal Act
The Government of Manitoba hereby withdraws from the participation agreement it entered into under the Freshwater Fish Marketing Act (Canada) and Manitoba is no longer a participating province under that Act.
Transitional — special dealer licence
If a person holds a Manitoba special dealer licence issued by the Freshwater Fish Marketing Corporation when this Act comes into force,
(a) the Manitoba special dealer licence is deemed to be a fish dealer licence; and
(b) the person is not required to obtain a fish dealer licence until the person's Manitoba special dealer licence expires.
Transitional — processing facility
A person who operates a processing facility when this Act comes into force is not required to obtain a licence for that facility until 90 days after this Act comes into force.
This Act comes into force on December 1, 2017.