Book 2 – Tab B2-Legislative framework

On this page

• 1. Constitutional Framework
• 2. Legislative Framework related to DFO
  • 2.1 Department of Fisheries and Oceans Act
  • 2.2 Fisheries Act
    • 2.2.1 Fisheries Management
    • 2.2.2 Fish and Fish Habitat Protection
    • 2.2.3 Pollution Prevention
  • 2.3 Species at Risk Act
  • 2.4 Impact Assessment Act
  • 2.5 Oceans Act
  • 2.6 Coastal Fisheries Protection Act
  • 2.7 Fishing and Recreational Harbours Act
  • 2.8 Freshwater Fish Marketing Act
  • 2.9 Great Lakes Fisheries Convention Act
  • 2.10 Atlantic Fisheries Restructuring Act
  • 2.11 Fisheries Development Act
  • 2.12 Fisheries Improvement Loan Act
• 3. Legislative Framework related to the Canadian Coast Guard
  • 3.1 Department of Fisheries and Oceans Act
  • 3.2 Oceans Act
  • 3.3 Canada Shipping Act, 2001
  • 3.4 Wrecked, Abandoned or Hazardous Vessels Act

1. Constitutional Framework

The mandate of the Minister of Fisheries, Oceans and Canadian Coast Guard derives mainly from the Department of Fisheries and Oceans Act, the Fisheries Act, the Oceans Act, the Coastal Fisheries Protection Act, the Species at Risk Act, the Canada Shipping Act, 2001, the Arctic Waters Pollution Prevention Act and the Wrecked, Abandoned or Hazardous Vessels Act.

The main federal heads of powers related to the Department of Fisheries and Oceans (DFO)’s responsibilities for fisheries and navigation matters, as set out in section 91 of the Constitution Act, 1867, are:

• beacons, buoys, lighthouses, and sable island
• seacoast and inland fisheries
• navigation and shipping
• public debt and property [i.e. federal public property]
• the regulation of trade and commerce
• Indians and lands reserved for the Indians

The main provincial heads of powers affecting fisheries as set out in section 92 of the Constitution Act, 1867, are:

• property and civil rights in the province
• the management and sale of the public lands belonging to the province
• generally all matters of a merely local or private nature in the province

2. Legislative Framework related to DFO

The primary statutes that provide for the Minister’s powers, duties and functions are the following:

• 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

In addition, there are a number of other statutes, which the Minister administers:

• 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

These statutes are discussed below.

2.1 Department of Fisheries and Oceans Act

The Department of Fisheries and Oceans Act establishes the Department of Fisheries and Oceans and sets out the powers, duties and functions of its Minister for matters relating to:

• sea coast and inland fisheries
• fishing and recreational harbours
• hydrography and marine sciences
• the coordination of the policies and programs of the Government of Canada respecting oceans
• all other oceans matters over which Parliament has jurisdiction and that have been by law assigned to the Minister

In addition, the Department of Fisheries and Oceans Act authorizes the Minister, with approval from the Governor in Council (GiC), to enter into agreements with the government of any province respecting the carrying out of programs for which the Minister is responsible.

2.2 Fisheries Act

The Fisheries Act is one of the oldest continuing federal statutes in Canada, having been first passed in 1868. Fisheries law in Canada borrows much from the common law developed over many centuries in England – including the “public right to fish” and the concept that fisheries are “a common property resource” for all, rather than property owned privately or by the Crown.

That being said, the public right to fish is subject to the exclusive jurisdiction of Parliament, which has enacted fisheries legislation to regulate access to fisheries in Canadian fisheries waters. Given Canada’s federal model dividing powers between Parliament and the provinces’ jurisdiction over certain aspects of inland fisheries on provincial Crown lands, collaboration with the provinces is key to harmoniously managing inland fisheries.

Put briefly, in tidal waters, Parliament has exclusive jurisdiction over all aspects of fisheries management. The provinces do not have jurisdiction in tidal waters, except in respect of fishing devices that are affixed to those soils that are vested in the Province. In such cases, the provinces have exclusive power to grant the right to attach such devices to the provincial subsoil. However, in non-tidal waters in a province, the constitutional jurisdiction over fisheries is shared. One way to express that shared jurisdiction would be that Parliament has responsibility for the conservation and protection for all fisheries, which includes matters such as fishing seasons, quotas, size limits and gear requirements, whereas the provinces’ jurisdiction over fisheries in non-tidal waters within the province is largely based on the provinces’ property rights as owners of public lands. This includes the beds of fish-bearing lakes, rivers and streams, within the province. That being said, the provinces’ ownership rights grant great flexibility to decide on many aspects of fisheries, including conveyances and leases of fisheries, who may fish, what privileges are conferred and what fees must be paid, as the case may be. In practice, fisheries management within the provinces has been largely delegated to provinces (often through the use of regulations passed pursuant to the Fisheries Act) perhaps in part to practically recognize their ownership of public lands.

In certain cases, the federal and provincial jurisdictions may overlap in the sense that provincial rules on a particular subject (i.e. the number of fish that may be caught) may exist concurrently with federal rules on the same subject. In such a case, provincial rules would be subject to Parliament’s jurisdiction over the conservation and protection of fish. Overall, the management of fisheries in non-tidal waters in a province is a shared jurisdiction and may lead to situations that warrant a case-by-case analysis.

Aquaculture is another subject matter of shared jurisdiction in Canada. In sum, where aquaculture activities may be considered a fishery^{Footnote 1}, the federal fisheries power applies to those activities and Parliament has exclusive jurisdiction over the fisheries aspects of aquaculture (e.g. conferring the right to fish and the right to operate the aquaculture facility). Where such aquaculture activities are located within a province, the province has jurisdiction over the property aspects of aquaculture and over all other aspects of a purely local nature (e.g. conferring the right to affix structures to the bottom of the water body in question located within the province). When an aquaculture activity is carried out outside provincial territory, the property aspects of aquaculture fall under federal jurisdiction under the federal property head of power.

The Fisheries Act also authorizes fishery officers to exercise enforcement powers to verify compliance with the Act. These powers include the power to inspect, search, arrest and seize.

At a federal level, the Fisheries Act covers three broad areas:

• Fisheries Management and Conservation: The fisheries provisions are for the management and control, conservation and development of fisheries on behalf of all Canadians and in the public interest; one tool to accomplish this is the granting of fishing privileges via licences and leases.
• Fish and Fish Habitat Protection: The fish and fish habitat protection provisions deal generally with protecting and managing the aquatic environment needed to sustain the fisheries resources.
• Pollution Prevention: The “pollution prevention” provisions, found principally in subsection 36(3) to (6) of the Act, and currently managed in large part by Environment and Climate Change Canada (ECCC) as per the Order Designating the Minister of the Environment as the Minister Responsible for the Administration and Enforcement of Subsections 36(3) to (6) of the Fisheries Act (SI/2014-21).

These are covered in greater detail below.

2.2.1 Fisheries Management

The Courts have long recognized that the Fisheries Act provides the Minister with authority to manage and control, conserve and develop the fisheries on behalf of Canadians in the public interest in conjunction with steps taken to carry out social, cultural or economics goals and policies.

Licensing is a tool available to the Minister under the Fisheries Act and regulations adopted under this Act (e.g. section 7 of the Fisheries Act or section 52, 56 and 68 of the Fishery (General) Regulations) to manage the fishing activities of licence holders in Canadian fisheries waters and on the high seas.

The Minister has an “absolute” discretion to either “issue” or “authorize the issuance” of fishing licences (except where an exclusive right to fish exists by law). However, the Minister’s discretion is subject to:

• certain administrative law principles (i.e. decisions must be reasonable; the Minister has to base his or her decision on relevant considerations^{Footnote 2}; avoid arbitrariness, and act in good faith in his or her decision-making process)
• rights and obligations set out in comprehensive land claim agreements, self-government agreements or other similar agreements with Indigenous Peoples, and to the guidance provided by the courts respecting the constitutional protection provided to Aboriginal and treaty rights under section 35 of the Constitution Act, 1982, including constitutionally protected fishing rights

A fishing licence is not a right, it is a document that reflects a privilege to fish. This privilege allows the licence holder to fish in accordance with the conditions attached to the licence (e.g. quota). The privilege to fish does not convey property rights in fish or in the licence itself, and the privilege terminates upon expiry of the validity period of the licence.

Policy development is another tool available to the Minister in the exercise of his or her general duties to manage the fishery. Policies provide a framework and guidance to the Minister’s officials. For example, different licensing policy approaches have been adopted for the granting of commercial fishing licences on the Atlantic and Pacific coasts over the years. However, policies have no force of law and are not enforceable. As a matter of law, the Minister’s discretion may not be fettered by these policies, so that they cannot be applied blindly; each situation must be assessed and based on its particular facts and circumstances; and exigent circumstances may warrant that an exception be made to the policy to meet the policy objectives.

In 2019, amendments to the Fisheries Act included a new purpose provision aligning with the Minister’s mandate for the proper management and control of fisheries, as well as the conservation and protection of fish and fish habitat. The amendments emphasized increased collaboration with Indigenous peoples and stakeholders, introduced broad considerations for decision-making, and granted the Minister clear authority to establish advisory panels.

To strengthen fisheries management, the amendments imposed a new obligation on the Minister to maintain major fish stocks at sustainable levels and develop rebuilding plans when necessary. The Minister was also given authority to issue fisheries management orders to address urgent threats. Additionally, protections for fish and fish habitat were reinforced by restoring prohibitions on the death of fish (DOF) and harmful alteration, disruption, or destruction (HADD) of fish habitat, alongside a stronger focus on habitat restoration. A new regulatory tool was introduced to support the long-term protection of marine biodiversity.

The amendments also enhanced protections for marine species, prohibiting the capture of cetaceans for captivity and restricting their import and export without ministerial authorization. The Minister was granted authority to issue licences for the keeping or breeding of cetaceans in captivity for scientific research or welfare purposes. Additionally, the practice of shark finning was banned.

Further improvements to fisheries management included granting the Minister authority to fix fees. To improve regulatory clarity, the amendments introduced measures like designated projects, codes of practice, and habitat banking. An online registry was also established to enhance transparency in fisheries related decision-making.

2.2.2 Fish and Fish Habitat Protection

In 2019, amendments to the Fisheries Act significantly reinforced protections for fish and fish habitat by revising section 35. Previously, the Act prohibited works, undertakings, or activities (WUAs) that caused “serious harm to fish” within commercial, recreational, or Indigenous fisheries, with “serious harm” defined as the death of fish or the permanent alteration or destruction of fish habitat.

The amendments replaced this approach with two distinct prohibitions to ensure stronger, more targeted protection. Subsection 35(1) now prohibits WUAs that result in the harmful alteration, disruption, or destruction of fish habitat (HADD), while subsection 34.4(1) prohibits WUAs that result in the death of fish (DOF) by means other than fishing. These changes restore a more comprehensive protection framework by ensuring that all fish habitats regardless of whether the fish are actively fished are covered under the law.

To support responsible development while maintaining strong environmental safeguards, the Act provides several mechanisms for authorizing WUAs that would otherwise contravene these prohibitions. Ministerial authorizations under subsections 34.4(2) and 35(2) remain the primary means of permitting such activities, ensuring that environmental considerations are assessed before approval. Additionally, Ministerial or GiC regulations can establish further authorization processes for WUAs that may impact fish habitat.

2.2.3 Pollution Prevention

Subsection 36(3) of the Fisheries Act prohibits the deposit of deleterious substances into waters frequented by fish unless the deposit is authorized by regulations such as those made by the GiC, such as the Metal and Diamond Mining Effluent Regulations and the Pulp and Paper Effluent Regulations.

In 2012, amendments to the Fisheries Act provided authority for the GiC to formalize the respective roles of the Minister and the Minister of Environment and Climate Change (MECC) with respect to subsections 36(3) to (6). The changes included:

• Designation of Responsibilities: An Order in Council (2014) designated the MECC as the lead for administering and enforcing subsections 36(3) to (6). However, the Minister of Fisheries and Oceans retains responsibility for managing the construction, operation, and modification of aquaculture facilities, as well as the control or eradication of aquatic invasive species or pests.
• New Ministerial Authority: The amendments introduced the power for the Minister to authorize the deposit of certain deleterious substances through ministerial regulations, broadening the flexibility and efficiency with which ECCC and DFO can manage their respective responsibilities. Previously, such authorizations were only possible through GiC regulations.

2.3 Species at Risk Act

The purposes of the Species at Risk Act (SARA) are:

• to prevent wildlife species from being extirpated or becoming extinct
• to provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity
• to manage species of special concern to prevent them from becoming endangered or threatened

The Minister of Fisheries and Oceans is the “competent minister” under SARA for “aquatic species” (a wildlife species that is a “fish” or “marine plant” as defined in the Fisheries Act), except for individuals in or on federal lands administered by the Parks Canada Agency, for which the MECC is the competent minister. As competent minister, the Minister of Fisheries and Oceans has specific powers, duties and functions under the Act.

The potential listing of a species commences with the Committee on the Status of Endangered Wildlife in Canada (COSEWIC), an arm’s length organization that assesses the status of each species considered by it to be at risk. COSEWIC classifies species as:

• extinct
• extirpated (a wildlife species that no longer exists in the wild in Canada, but exists elsewhere in the wild)
• endangered, threatened, or species of special concern (listing a species as endangered, threated or extirpated triggers particular prohibitions, including, among others, against killing, harming, harassing and possessing individuals of the species)

COSEWIC assessments are forwarded to the MECC who makes a recommendation to the Governor in Council, as to whether a species should be added to the List. Before making the recommendation respecting an aquatic species, the MECC must consult (among others) the Minister of Fisheries and Oceans.

As competent minister, the Minister of Fisheries and Oceans must prepare a recovery strategy for aquatic species listed as extirpated, endangered or threatened. A recovery strategy must address the threats to the survival of the species identified by COSEWIC, including any loss of habitat, and must include specific information, including (but not limited to) an identification of critical habitat to the extent possible. The Minister must also prepare at least one action plan for the species, which, simply put, implements the recovery strategy and must contain specific information, including the identification of critical habitat.

Within 180 days after the recovery strategy or action plan that identified the critical habitat of a species is included in the Species at Risk Public Registry, the Minister, as competent minister, must legally protect the critical habitat by making an order triggering the prohibition in subsection 58(1) of SARA against the destruction of any part of the critical habitat of the species.

The prohibitions and the requirement to identify and protect critical habitat does not apply to aquatic species listed as species of special concern. Instead, the Minister must prepare a management plan, which must include measures for the conservation of the species that they consider appropriate.

The Minister may issue a permit to a person authorizing a person to engage in an activity that would otherwise contravene a SARA prohibition. The permit may be issued only if the Minister is of the opinion that certain conditions are met, including (among other things) that the activity will not jeopardize the survival or recovery of the species.

Other responsibilities fall under the Minister’s purview under that Act.

2.4 Impact Assessment Act

The Minister of Fisheries and Oceans does not administer the Impact Assessment Act (IAA) but is often required to participate in project reviews. Under the IAA, the Impact Assessment Agency is responsible for conducting impact assessments of “designated projects”.^{Footnote 3} Impact assessments may also be conducted by a review panel.

Although, the Minister is not subject to the duty to ensure an impact assessment is carried out, the Minister and DFO are “federal authorities” under the IAA. In this capacity, they are required to provide specialist or expert information or knowledge (usually relating to environmental effects on fish and fish habitat) if requested by the Agency or review panel carrying out the impact assessment.

No power, duty or function can be exercised by the Minister of Fisheries and Oceans that would enable the designated project to proceed in whole or in part until the impact assessment is completed and a decision is made that the project:

• is not likely to result in significant adverse environmental effects
• is likely to result in significant adverse environmental effects but the GiC determines that such effects are in the public interest

Under the IAA there is a separate regime that concerns “projects” proposed to be carried out on federal lands. Under this regime, DFO (or the Minister) must not:

• carry out a project on federal lands,
• exercise any power, duty or function that could permit a project to be carried out on federal lands
• provide financial assistance to any person for the purpose of enabling that project to be carried out on federal lands

DFO may perform these acts if it determines that the project is unlikely to cause significant adverse environmental effects or, if DFO determines that the project is likely to result in such adverse effects, the GiC decides that those effects are justified in the circumstances. A similar process must be followed for projects that the Minister wants to carry out outside Canada or for which he or she proposes to provide financial assistance.

2.5 Oceans Act

Part I of the Oceans Act provides for Canada’s Maritime Zones, which are the territorial sea and contiguous zone, the internal waters of Canada, the exclusive economic zone, and the continental shelf.

Part II of the Oceans Act is the portion of the Act pursuant to which the Minister adopted Canada’s Oceans Strategy, a far-reaching policy framework reflecting Canada’s vision for modern oceans management. It is also under this Part II that authority is found to make regulations or Ministerial orders designating Marine Protected Areas (MPAs) and prescribing conservation and protection measures specific to the area in question.

Part III of the Oceans Act provides that, as the Minister responsible for oceans, the powers, duties and functions of the Minister extend to and include all federal matters related to oceans not assigned by law to another department, board or agency of the Government of Canada. This Part provides for the mandate of the Minister, related to Coast Guard services and the Marine Sciences functions, which include fisheries science, hydrography and oceanography.

In 2019, amendments strengthened the government’s ability to protect marine ecosystems through the designation of Marine Protected Areas (MPAs) and enhanced regulatory enforcement. Key provisions include:

• Ministerial Orders for Interim MPAs: The Minister has the authority to designate MPAs on an interim basis for up to five years, prohibiting new activities that were not conducted in the area within the preceding year. This “freeze the footprint” approach allows time for further study and long-term conservation measures. Within the five-year period, the Minister must either recommend the establishment of a permanent MPA through GiC regulations or repeal the Ministerial Order.
• Action Despite Scientific Uncertainty: The legislation prevents delays in MPA designations due to the absence of complete scientific certainty regarding potential risks from activities.
• Stronger Regulation of Oil and Gas Activities in MPAs: Amendments to the Canada Petroleum Resources Act (CPRA) provide expanded authority to:
• Issue prohibition orders restricting oil and gas exploration and production within MPAs.
• Allow for the surrender or cancellation of interests in designated or potential MPAs, with a process to determine compensation.
• Enhanced Enforcement and Compliance Measures: Updates include expanded enforcement powers for officers, extending enforcement provisions to ships, and aligning fines with the Environmental Enforcement Act.
• New Offences: Stricter penalties now apply to individuals and entities engaging in prohibited activities within MPAs, as well as those who fail to comply with compliance orders, detention orders, and ship directives.

2.6 Coastal Fisheries Protection Act

The Coastal Fisheries Protection Act (CFPA) protects Canada’s fisheries resources from foreign fishing; preserves Canada’s sovereignty over Canadian fisheries waters (CFW), including Canadian ports; implements international fisheries agreements and arrangements for the conservation and management of fish and marine plants on the high seas and for combatting illegal, unreported and unregulated fishing, to which Canada is a party; and regulates access by foreign fishing vessels to CFW and to sedentary species on Canada’s continental shelf.

Key provisions of the CFPA include:

• Prohibition on Foreign Fishing: The CFPA prohibits foreign fishing vessels from entering CFW or Canadian ports for any purpose, as well as from fishing for sedentary species (e.g., scallops, snow crab) on Canada’s continental shelf, unless authorized by statute, regulation, or treaty.
• Enforcement Powers: Protection officers are granted authority to inspect, arrest, and seize foreign fishing vessels and goods found in violation of the Act.

In 1999, the CFPA was amended to implement the UN Fish Stocks Agreement (UNFA) boarding and inspection scheme. The amendments provide authority for Canadian protection officers to board and inspect a fishing vessel of another state party to UNFA in designated areas of the high seas to ensure that the vessel is complying with relevant conservation and management measures.

In 2019, further amendments implemented the UN Fisheries and Agriculture Organization (FAO) Port State Measures Agreement (PSMA), The PSMA is to harmonize the application of port state measures to vessels that engage in illegal, unregulated and unreported (IUU) fishing, enhance regional and international cooperation in this regard, and block the flow of IUU-caught fish into national and international markets. The PSMA stipulates minimum port state measures, although states may adopt more stringent measures.

The CFPA also establishes a framework and regulatory authority for implementing other international fisheries agreements to which Canada is a party, such as the Convention on the Conservation of Anadromous Stocks in the North Pacific Ocean.

2.7 Fishing and Recreational Harbours Act

The Small Craft Harbour Program was established in 1977 under the Fishing and Recreational Harbours Act (FRHA) after the transfer of fishing and recreational harbours to DFO.. The primary goal of this transfer was to distinguish between fishing and recreational harbours and those intended for shipping and commercial purposes.

The FRHA provides for the management and maintenance of scheduled fishing and recreational harbours that are owned by the Federal Crown. Under the Act, the Minister is empowered to acquire, develop, maintain, and repair fishing and recreational harbour facilities across Canada. The program is designed to ensure that these harbours are safe, accessible, and well-maintained, thereby supporting the needs of commercial fish harvesters and other users.

The FRHA grants the Minister the authority to establish regulations, enforce compliance, and manage activities related to harbour operations. Key powers and responsibilities include the authority to construct, maintain and repair harbour facilities, including wharves, docks, breakwaters and other structures necessary for the operation of these harbours. They also include the authority to lease land and facilities, by entering into agreements with local harbour authorities or other organizations to manage and operate harbours on DFO’s behalf. These agreements can include provisions for the sharing of revenues, responsibilities and expenses. Moreover, DFO can transfer ownership of non-essential harbours and remove them from its inventory of scheduled harbours through the divestiture of these harbours, which are seen to be more closely aligned with provincial or community interests than with federal priorities. This enables the program to concentrate its efforts and investments on maintaining a sustainable network of harbours that are vital to the fishing industry and contribute to the well-being of coastal communities throughout Canada.

2.8 Freshwater Fish Marketing Act

The Freshwater Fish Marketing Act (FFMA) creates a Crown Corporation, the Freshwater Fish Marketing Corporation (FFMC), for the purpose of marketing and trading in fish, fish products and fish by-products inter-provincially and outside Canada and increasing returns to fish harvesters. The FFMC has a monopoly for inter-provincial and international marketing of freshwater fish from participating provinces; is mandated to purchase all legally caught fish offered; operates in a self- sustaining manner with no appropriation from Parliament; and is an agent of the Crown for all purposes. Currently the only participating provinces/territories are Alberta and the Northwest Territories. While Alberta is a participating province under the FFMA, it closed its commercial fishery in 2014. Following stakeholder consultations, DFO has commenced an open and competitive process for the transfer of FFMC ownership and operations to a private, user owned and controlled entity. The process is currently underway, with contract award and closing projected for Fall 2025 to Winter 2026.

The Minister is accountable to Parliament for the FFMC. This accountability encompasses the Minister’s responsibilities under the Financial Administration Act (FAA) and the FFMA, and the appointment, with GiC approval, of federal directors and provincial directors recommended by a participating province. The Chairperson and President of the FFMC are GiC appointments. The Minister reviews the FFMC Board’s corporate plans and submits them to Treasury Board for approval. The Board of Directors of the FFMC is accountable to the Minister. The President of the FFMC is accountable to the Board for the management of the corporation. The Minister’s role is limited to assessing the FFMC’s mandate and effectiveness as a policy instrument; and providing broad policy direction to the FFMC unless the Minister issues a directive to the Board under the FAA.

2.9 Great Lakes Fisheries Convention Act

The purpose of the Great Lake Fisheries Convention Act (GLFCA) is to implement 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. The Commission has responsibilities with regard to research, measures based on research, the sea lamprey eradication/minimization program, and publication of scientific information.

On October 18, 2024, the Governor in Council made Order in Council P.C. 2024-1114 transferring the powers, duties and functions in relation to the Great Lakes Fishery Commission from the Minister of Fisheries and Oceans to the Minister of Foreign Affairs. Despite that transfer, Canada’s annual contribution to the Commission would continue to include an in-kind contribution through the Sea Lamprey Control Program delivered by officers and employees of the Department of Fisheries and Oceans.

2.10 Atlantic Fisheries Restructuring Act

The Atlantic Fisheries Restructuring Act (AFRA) 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”. The Act does not authorize the Minister to make contributions to provinces or third parties that are not “fishery enterprises”. The AFRA applies only in Atlantic Canada and may not be relied upon for delivering the program elements elsewhere in Canada. The AFRA was used for the adjustment program for East Coast fishers after the cod moratorium and the $12M Ice Compensation Program in 2007, however, it is not used in most cases.

2.11 Fisheries Development Act

The Fisheries Development Act (FDA) 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 and new fisheries. The introduction and demonstration to fishers of new types of fishing vessels and fishing equipment and of new fishing techniques; and the development of new fishery products and for the improvement of the handling, processing and distribution of fishery products.

The FDA is used from time to time for programs involving contributions or subsidies, such as to provide gear upgrades for fishers affected by ice (in 1991), the Northern Cod Early Retirement Program (1992), the Atlantic Groundfish Strategy (TAGS) Early Retirement Program (1994), the Aboriginal Fisheries Strategy Allocation Transfer Program (1994), the Pacific Fisheries Adjustment and Restructuring (1998), and the Fisheries Access Program (1999).

2.12 Fisheries Improvement Loan Act

The Fisheries Improvement Loan Act gives the Minister the power to guarantee fishers’ loans made for vessels, equipment, shore installations, buildings, or any prescribed (by regulation) development or improvement of a primary fishing enterprise. However, the Act is not actively used at this time.

3. Legislative Framework related to the Canadian Coast Guard

The powers of the Minister, related to Coast Guard services derive primarily from:

• the Department of Fisheries and Oceans Act; the Oceans Act
• the Canada Shipping Act, 2001
• the Arctic Waters Pollution Prevention Act
• the Wrecked, Abandoned or Hazardous Vessels Act

These statutes are discussed below.

3.1 Department of Fisheries and Oceans Act

The Canadian Coast Guard is a Special Operating Agency (SOA) within the Department of Fisheries and Oceans since April 1, 2005. As an SOA, the CCG uses common services of DFO such as Finance, Human Resources, Legal Services and Real Property, Safety and Security. CCG has its own Treasury Board approved spending authorities and flexibilities required to deliver on its operational mandate as set out in section 41 of the Oceans Act.

3.2 Oceans Act

Part III of the Oceans Act provides for the Minister’s powers with regard to Coast Guard services. These include the provision of aids to navigation, marine communications and traffic management services, ice breaking, channel maintenance, marine search and rescue, response to wrecks and hazardous or dilapidated ships, marine pollution response, and the support of federal departments through the provision of ships, aircraft and other marine services.

3.3 Canada Shipping Act, 2001

The Minister of Transport is responsible for the Canada Shipping Act, 2001. This statute provides the Minister with specific powers and responsibilities and a definition of their scope in marine search and rescue, Vessel Traffic Services, aids to navigation (including lighthouses and buoys), and response to ship-source marine pollution spills, including oil pollution. These powers and responsibilities are exercised by the Coast Guard.

The ship-source marine pollution response regime established under this Act is complemented by the liability and compensation regime established under the Marine Liability Act, which the Coast Guard relies on to recover some of its costs from ship owners or the Ship-source Oil Pollution Fund.

Finally, the CSA 2001 provides that the Minister is responsible for the International Convention on Maritime Search and Rescue, 1979 and, jointly with TC, the International Convention on Oil Pollution Preparedness Response and Cooperation, 1990.

3.4 Wrecked, Abandoned or Hazardous Vessels Act

As part of the Oceans Protection Plan, the Wrecked, Abandoned or Hazardous Vessels Act came into force on July 30, 2019. The Minister of Transport is responsible for this Act, which provides authorities to the Minister of Transport and the Minister of Fisheries, Oceans and the Canadian Coast Guard. The latter, through the Coast Guard, has authority and powers to deal with hazardous vessels and with dilapidated vessels in a scheduled harbour as defined in section 2 of the Fishing and Recreational Harbours Act or on any federal Crown property for which the Minister of Fisheries, Oceans and the Canadian Coast Guard is responsible, including authorities for removing or destroying such vessels. The owner of the vessel is liable for costs and expenses incurred by the Coast Guard in dealing with the vessel. The Act implements the Nairobi International Convention on Removal of Wrecks, 2007, in Canadian law.