B1 – Legislative and Regulatory Framework Overview

Purpose

• Outline the powers and responsibilities of the Minister of Fisheries 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; and,
  • Working with ministers in other departments to conserve and protect fish, including cetaceans, marine ecosystems, and aquatic species at risk.

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 relates mostly to ownership of riverbeds.
• Legislation: The Department’s mandate and objectives are outlined in a number of statutes administered by the Minister of Fisheries, along with other ministers in some cases.
• Regulation: Associated regulations are also important instruments used to manage Canada’s fisheries, oceans, and aquatic ecosystems.

Legislative Framework: Overview

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

Primary Statutes

• Department of Fisheries and Oceans Act
• Fisheries Act
• Species at Risk Act
• Oceans Act

Other Statutes

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

Department of Fisheries and Oceans Act

What It Does

• This law officially creates the Department of Fisheries and Oceans (DFO) and defines the Minister’s role.
• It gives the Minister the legal authority to oversee fisheries, oceans, recreational and fishing harbours, and marine sciences across Canada.
• Authorizes the Minister (with Governor in Council approval) to enter into agreements with the provinces and territories.

Key Regulations

• There are no standalone regulations under this Act.
• It is the foundation that enables the DFO to enforce other laws (like the Fisheries Act or Oceans Act) and sets up the department’s structure and responsibilities.

Purpose

• Establishes DFO as the federal entity to manage Canada’s aquatic resources, protect the environment, and support coastal communities.

Fisheries Act

What It Does

• Keeps fish stocks healthy, supports employment in the fish and seafood industry, and prevents overfishing or habitat damage.

Key Regulations

• Fishery (General) Regulations - among other things it:
  • Contains general rules respecting fishing and licenses to fish and their conditions; and,
  • Prescribes major fish stocks and contain provisions respecting rebuilding plans for depleted stocks.
• Habitat Protection Measures: Regulations designed to prevent harmful alteration, disruption, or destruction of fish habitats.
• Pollution Prevention: Regulations aimed at minimizing the discharge of harmful substances into aquatic ecosystems.

Purpose

• Provide a framework for the proper management and control of fisheries and the conservation and protection of fish and fish habitat, including by preventing pollution.

Species at Risk Act and Oceans Act

Species at Risk Act

What It Does

• Makes the Minister of Fisheries responsible (with other ministers) for protecting aquatic species at risk and aiding in their recovery.

Key Regulations

• Critical Habitat Orders: Protects key areas for species survival (e.g., whale habitats). Used to limit harmful activities.

Purpose

• Protects wildlife species, supports the recovery of listed at risk species, and manages species of special concern.

Oceans Act

What It Does

• Gives the Minister of Fisheries power to manage Canada’s oceans, create marine protected areas (MPAs), and promote ocean health.

Key Regulations

• Marine Protected Area Regulations: Rules for specific MPAs (e.g., Hecate Strait) limiting fishing or industry. Used to protect ocean ecosystems.
• Interim Protection Orders: Freezes new activities in areas being considered for MPAs. Used to safeguard sensitive zones during planning.

Purpose

• Promotes the understanding, conservation, and sustainable development of Canada's oceans and their resources.

Legislative Framework: Other Statutes (issue specific)

• Fishing and Recreational Harbours Act:Provides the Minister with authority to regulate the use, management and maintenance of recreational or fishing harbours, including the collection of fees for the use of harbours under Ministerial control. Scheduled harbours may also be leased or licensed to other persons.
• 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.
• Coastal Fisheries Protection Act: Provides the Minister with authority to regulate and enforce rules on foreign fishing vessels in Canadian waters, including inspection, detention, and prosecution of unauthorized or illegal fishing activities.
• 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 inter-provincially and outside Canada, and increasing returns to fish harvesters.

Legislative Framework: Other Statutes (Non-Active)

• 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: Provides 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: Provides 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”.

Annex A: Regulatory Instruments

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

• Fisheries Act: There are four general groups of regulations under the Fisheries Act: 1) regulations administered by the Department; 2) regulations administered by Environment and Climate Change Canada (pollution prevention regulations) 3) regulations administered by Provinces/Territories; 4) Regulations with respect to Indigenous fisheries
• 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 Governor in Council’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.