as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. F90
The Fisheries Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
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")
(a) in Part I, round, dressed or filleted fish of any species enumerated in the Schedule, whether fresh or frozen and whether packaged or unpackaged, that are fish for commercial purposes, and includes parts of any such fish, and
(b) in Parts II, III and IV, any freshwater or saltwater fish, shellfish or crustaceans, and includes round, dressed and filleted fish, whether fresh or frozen and whether packaged or unpackaged and includes parts, products and by-products of those fish, shellfish and crustaceans: ("poisson" )
"fisherman" means a person licensed under the Fisheries Act (Canada) or the regulations thereunder to fish for commercial purposes and includes any person acting on behalf of and representing any one or more persons so licensed; ("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")
"marketing" includes bartering, advertising, 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")
"processing of fish" 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 du poisson")
"producer" means a fisherman or a person who catches fish for marketing. ("producteur" )
FRESHWATER FISH MARKETING
The purpose and intent of this Part is to provide for the control and regulation of the marketing, locally within the province, of fish.
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.
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.
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.
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.
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 25 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 17(1) of the Freshwater Fish Marketing Act (Canada).
Interim injunctions against corporation prohibited.
Notwithstanding The 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.
Prohibition respecting dealing in fish.
Subject to section 10, except as permitted by the regulations, or authorized by the corporation,
(a) no producer shall sell or agree to sell fish in the province for delivery within the province to any person other than 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.
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.
For the purpose of carrying out the purpose and intent of this Part, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations,
(a) declaring any fish of a species or type named in the Schedule to be a coarse fish for the purposes of this Part;
(b) exempting any fish or any class, variety or grade thereof produced in the province or in any area of the province, or any person or class of persons from the provisions of this Act and the regulations, or any provision thereof.
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.
Nothing in this Act applies to the sale or purchase of, or to an agreement to sell or to purchase, fish for delivery in another province, or territory, or outside Canada.
The Lieutenant Governor in Council may, for the purpose of regulating the marketing of fish locally within the province, make regulations
(a) prescribing grades, sizes, weight, quality, and standards of fish;
(b) respecting the processing, storing, grading, packaging, marking, transporting, and inspection, of fish;
(c) respecting the quality, grade, standard and specifications for containers of fish and the marking and inspection of such containers;
(d) requiring the registration of fish marketing establishments other than the corporation and the registration or licensing of persons other than the corporation engaged in the marketing of fish or containers;
(e) prescribing the requirements for the equipment and operation of fish marketing establishments other than the corporation and of any boats, vehicles or other equipment, used in connection with such an establishment or in connection with fishing or the marketing of fish;
(f) prescribing the fees for the registration of fish marketing establishments and the issue of licences, and for grading and inspection services;
(g) prescribing the manner in which samples of fish may be taken;
(h) respecting the packaging and packing of fish sold or offered for sale in the province;
(i) prescribing the time and procedure for appeals taken under section 16.
Subject to subsection (3), every regulation made under, and in accordance with the authority granted by, subsection (1) has the force of law.
Corporation regulations to prevail.
If there is a conflict between a provision of a regulation made under subsection (1) and a provision of a regulation made by the corporation under Part I of this Act, the provision of the regulation made by the corporation prevails.
The minister may appoint persons as inspectors for the purposes of enforcing this Part and Part IV and the regulations, and may require any person so appointed to take an oath of office in a manner or form prescribed by the minister.
An inspector may at any time
(a) without a warrant, enter any place or premises, or any steamship, vessel, or boat, or any railway car, truck, carriage, car, aircraft, or other vehicle, used for the carriage or storage of fish, and may open any container that he has reason to believe contains fish;
(b) require to be produced for inspection, or for the purpose of obtaining copies thereof or extracts therefrom, any books, shipping bills, bills of lading, or other documents or papers; and
(c) take any samples for inspection.
Prohibition or obstruction of inspector.
No person shall obstruct, impede, or refuse to admit, an inspector 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 other person so acting.
Appeals to the minister from inspector.
Any person affected by a decision of an inspector in respect of any inspection, grading, marking, or other matter under this Act or the regulations may appeal to the minister in accordance with the procedure, and within the time prescribed in the regulations; and the minister shall hear the appeal and render his decision thereon within a reasonable time.
Where an inspector believes, on reasonable grounds, that an offence against this Act or the regulations has been committed, he may seize any fish and containers by means of, or in relation to, which he reasonably believes the offence was committed.
Detention of fish, etc., seized.
All fish and containers seized under subsection (1) 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 containers are taken, in which case the fish and containers may be further detained until the proceedings are finally concluded.
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.
In this Part "loan" means a loan made by the lending agency under this Part.
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 $6,000,000. to be used by the lending agency in accordance with this Part.
Acceptance of additional moneys.
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.
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).
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;
(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.
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 fishermen and to co-operative corporations composed of fishermen.
Loans in lending agency's name.
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.
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.
For the purpose of carrying out the provisions of this Part according to their intent, the lending agency, with the approval of the Lieutenant Governor in Council, may make regulations ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the lending agency, with the approval of the Lieutenant Governor in Council, may 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.
Every person who contravenes or fails to comply with this Act or the regulations, or any directive or order of the corporation or an inspector 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 $500., or to imprisonment for a term not exceeding six months, or to both.
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.
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.
Falsification or alteration of documents, etc.
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.
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.
Place of commission of offence.
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
(c) the place where the defendant resides or is found.
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 fisherman, 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.
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.
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.
Personal liability of officials limited.
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.
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.
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.
Lake trout (Cristivomer namaycush) - trout, grey trout, salmon trout, siscowet
Whitefish (Coregonus clupcaformis) -- lake whitefish
Yellow pickerel (Stizostedion vitreum) - pike (in United States of America), dore, walleye, yellow walleye, yellow pikeperch
Pike (Esox lucius) -- pickerel (in United States of America), jackfish, northern pike
Sauger (Stizostedion canadense) - sauger pickerel, sand pickerel
Cisco (Leucichthys spp.) - tullibee, chub
Inconnu (Stenodus leucichthys) - cony
Yellow perch (Perea flavescens) — perch
Sturgeon (Acipenser fulvescens) - lake sturgeon, rock sturgeon
Goldeye (Hiodon alosoides)
Arctic char (Salvelinus alpinus) -- sea trout, ilkalu or ekaluk, Hudson Bay salmon
Sucker (Catostomus spp.) - "mullet"
Redhorse (Moxostoma spp.) -- "mullet"
Burbot (Lota lota) -- ling, maria, eelpout, lawyer
Sheepshead (Aplodinotus grunniens) - drum, sunfish, freshwater drum, silver bass
Buffalofish (Ictiobus spp.) - buffalo
Carp (Cyprinus carpio)
Quillback (Carpiodes cyprinus) -- white carp
Mooneye (Hiodon tergisus)
Channel catfish (Ictalurus punctatus) -- catfish
Black bullhead (Ictalurus melas) -- bullhead
Brown bullhead (Ictalurus nebulosus) -- bullhead
Salmo gairdneri -- rainbow trout