Canada Gazette, Part I, Volume 153, Number 7: Regulations Amending Certain Regulations Made Under the Fisheries Act

February 16, 2019

Statutory authority
Fisheries Act

Sponsoring department
Department of Fisheries and Oceans

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

To support continued efforts for professionalization within the fishing industry in eastern Canada, the Department of Fisheries and Oceans (DFO) ceased registering fish harvesters in Newfoundland and Labrador and Quebec in 1997 and 1999, respectively. These changes to registration practices occurred as provincial legislation provided provincial certification boards with the authority to register harvesters, collect fees, and set criteria to issue certification. These changes were directly related to a call from industry to work towards a professionalized industry.

Certain sections of the Atlantic Fishery Regulations, 1985 (AFRs), the Maritime Provinces Fishery Regulations (MPFRs) and the Fishery (General) Regulations (FGRs) continue to make it mandatory for commercial fish harvesters to carry a fisher’s registration card (FRC) issued by DFO as proof of registration.

Background

Professionalization

Provincial or territorial certification boards provide commercial fish harvesters (licence holders and crew) with a form of trade certification in recognition of professional standards related to training and experience. This is commonly known as “professionalization.” These boards facilitate training on marine safety, conservation and sustainable resource use, among other areas, which helps new entrants to the industry develop their skills and more experienced fishers upgrade theirs.

Boards are industry-run institutions that are established through provincial or territorial legislation. Where legislation has authorized the establishment of boards, the boards register harvesters and issue certifications according to established criteria. The guiding principles of professional provincial and territorial certification regimes are that they are industry led and driven, have broad industry support, and are open to all commercial harvesters.

DFO’s support for the professionalization of the commercial fishing industry dates back to 1990 with the Atlantic Fisheries Adjustment Program (AFAP). This program recognized that fishing should be regarded as a skilled profession that requires a range of technical and managerial skills acquired through the development of and participation in formal training, apprenticeship and certification programs.

In 1995, the then-Minister of Fisheries and Oceans announced his support for professionalization and acknowledged that its development would be the responsibility of the fishing industry, thereby allowing industry to identify and address issues of concern.

Establishment of existing provincial certification boards

In 1996, provincial legislation in Newfoundland and Labrador, the Professional Fish Harvesters Act, was enacted and the Newfoundland and Labrador Professional Fish Harvesters Certification Board (PFHCB) was established. In January 1997, the then-Minister of DFO announced that the Department would recognize the certification and registration of fish harvesters in Newfoundland and Labrador by the PFHCB.

In 1996, Quebec fleet sectors reached a consensus on the creation of a professionalization regime; in May 1999, the Bureau d’accréditation des pêcheurs et aides-pêcheurs du Québec (BAPAP) was created by provincial legislation. Since introducing legislation recognizing professional fish harvesters, the Ministère de l’Agriculture, des Pêcheries et de l’Alimentation du Québec (MAPAQ) and fisheries organizations have been requesting that DFO modify its regulations to recognize professional fish harvester status by providing an exemption from the FRC requirement.

Following the establishment of these two boards (the PFHCB and the BAPAP), DFO regional policy no longer required the registering (i.e. the issuance of FRCs) of fish harvesters in Newfoundland and Labrador and Quebec. Harvesters could instead register with their respective boards in lieu of registering for an FRC if desired. However, corresponding updates to the regulations to reflect this approach were never made.

In Nova Scotia, a core group of fishing industry representatives have been pursuing professional certification for more than two decades. In 2012, the Province of Nova Scotia enacted legislation entitled Fish Harvesters Registration and Certification Board Act and the interim Fish Harvesters Registration and Certification Board of Nova Scotia (FHRCBNS) was established. In 2015, the FHRCBNS submitted a proposal to DFO that would allow it to register and certify fish harvesters in that province. The proposal was endorsed by the provincial government and, in August 2016, the then-Minister of DFO conveyed his support, “in principle,” for the Nova Scotia proposal and directed departmental officials to begin the process to amend the relevant regulations under the Fisheries Act to exempt harvesters registered with certification boards from registering with DFO.

Objectives

The proposed amendments would formally recognize existing and future provincial or territorial certification regimes within federal regulations, by accepting registration or certification with an established board as an alternative to registering with DFO and obtaining a $50 FRC. In addition, section 14 of the Atlantic Fishery Regulations would be adjusted to make the provisions gender neutral.

Description

The proposed amendments would amend the Atlantic Fishery Regulations, 1985 (AFRs), the Maritime Provinces Fishery Regulations (MPFRs) and the Fishery (General) Regulations (FGRs) made under the Fisheries Act.

Atlantic Fishery Regulations, 1985

Subsection 2(1) would be amended by adding a reference to the definition of provincial or territorial fisher’s certificate as found in the Fishery (General) Regulations.

The heading before section 13 currently reads “Requirement for Registration and Licences.” It would be changed to “Registration Cards, Licences and Certificates.”

Amendments are proposed to subsection 13(2), paragraph 14(1)(a), subsection 14(4), paragraph 15(1)(a), subsection 15(2), and paragraph 15(3)(a) of the Atlantic Fishery Regulations (AFRs) to allow for the recognition of provincial or territorial certification regimes, either existing or potential, by exempting harvesters that are registered or certified by a provincial or territorial certification board from the obligation to register with DFO and carry an FRC.

Paragraphs 14(1)(a) and 14(1)(b) would be amended to make the provisions gender neutral.

Maritime Provinces Fishery Regulations

The heading before section 4 currently reads “Licensing and Registration.” It would be changed to “Licences, Registration Cards and Certificates.”

An amendment is proposed to paragraph 4(1)(b) of the Maritime Provinces Fishery Regulations (MPFRs) to allow for the recognition of provincial or territorial certification regimes, either existing or potential, by exempting harvesters that are registered or certified by a provincial or territorial certification board from the obligation to register with DFO and carry an FRC.

The requirement to issue FRCs where there is no provincial or territorial certification regime, and the option to issue FRCs upon request from harvesters who chose not to be registered or certified by a board, would continue to exist.

The waters to which the AFRs apply include the tidal waters of Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador, and Quebec; the waters of Ungava Bay; and the waters of the Hudson Strait lying east of 70°00′ west longitude. The MPFRs apply to Nova Scotia, New Brunswick, Prince Edward Island and in Canadian fisheries waters adjacent to those provinces. While the AFRs and MPFRs each apply across several jurisdictions, the proposed amendments would only impact commercial harvesters in Newfoundland and Labrador, Nova Scotia, and Quebec at this time. This is because provincial or territorial certification boards do not exist, and are not anticipated in the immediate future, in New Brunswick, Prince Edward Island, or Nunavut. Furthermore, provincial or territorial enabling legislation would need to be enacted prior to their establishment in these areas.

Fishery (General) Regulations

A definition of “provincial or territorial fisher’s certificate” would be added to section 2 of the Fishery (General) Regulations (FGRs). The definition would define a fisher’s certificate as “a certificate of accreditation or registration, however described and regardless of format, which is issued to a commercial fisher through a program of accreditation or registration established under provincial or territorial legislation.”

The heading before section 11 currently reads “Carry and Produce Licence and Fisher’s Registration Card.” It would be changed to “Carry and Produce Licences, Registration Cards and Certificates.”

In addition, section 11 would be amended to

Paragraph 39(1)(a) would be amended to exclude harvesters that are registered or certified by a recognized provincial or territorial certification board from being eligible for designation as an observer. This amendment would serve to maintain the same exclusion currently in place for harvesters holding FRCs to be eligible for an observer designation.

Column II of item 1 to Schedule VIII would be amended to include a provincial or territorial fisher’s certificate.

The FGRs apply to fishing and related activities across Canada, including British Columbia. Given the current lack of appetite for a provincial certification board in the Pacific Region, amendments to the Pacific Fishery Regulations will not be pursued at this time. Should British Columbia choose to establish a provincial certification board, it would need to enact provincial legislation and the Pacific Fishery Regulations would need to be amended accordingly to acknowledge the provincial certification program.

“One-for-One” Rule

As per the Policy on Limiting Regulatory Burden on Business, an incremental decrease can be claimed where a federal process or requirement is replaced with a provincial or territorial process or requirement. In this particular case, given that the proposed amendments provide recognition of a provincial registration, the elimination of the requirement to register with DFO can be considered an OUT under the “One-for-One” Rule.

From 2014 to 2018, the average number of harvesters registered was 1 696 in Quebec, 9 364 in Newfoundland and Labrador, and 12 270 in Nova Scotia.

The following additional assumptions are made:

It is estimated that this would result in an administrative savings of $253,050.

Small business lens

The objective of the small business lens is to reduce regulatory costs on small businesses without compromising the health, safety and security of Canadians and the environment.

The small business lens does not apply to these proposed amendments, as they would not result in increased compliance or administrative costs on small business.

Consultation

Although professionalization was first discussed at the federal level in 1990, early mentions of consultations with the provinces and territories included extensive consultations held throughout Newfoundland and Labrador between 1988 and 1995. Over the span of the past decades, various consultations occurred in Newfoundland and Labrador, Nova Scotia, New Brunswick, Prince Edward Island, British Columbia and Quebec. These consultations covered a range of professionalization-related initiatives, including departmental commitments, the development of a draft policy framework, and the need for regulatory support.

In 2016, the then-Minister of DFO approved a proposed regulatory approach supporting provincial fish harvester certification and registration regimes. In early 2017, Fisheries and Oceans Canada developed a regulatory intent document. Consultations on the policy intent and the proposed amendments were undertaken in Atlantic Canada (Newfoundland and Labrador, Nova Scotia, and New Brunswick) and Quebec during the fall and winter of 2017–2018. The consultation window closed at the end of February 2018.

Over the course of the 2017–2018 consultations, DFO informed stakeholders, via letters, of the purpose of the consultations, the dates and locations of presentations providing an overview of the proposed amendments and the regulatory process, and where to find information online providing an overview of the consultations and access to the consultation presentation. Details of the regional consultations are as follows:

Gulf Region

On November 8, 2017, letters were sent to all 2 644 fish harvesters registered with DFO in Gulf Nova Scotia since 2015. Three in-person meetings were then conducted within the Gulf Region to provide additional detail on the proposed regulatory amendments and gather feedback from fish harvesters. Each session was attended by approximately 20 to 30 fish harvesters.

On December 12, 2017, the provincial governments of New Brunswick and Prince Edward Island, as well as fish harvester associations representing Eastern New Brunswick and Prince Edward Island, were advised of the Department’s proposed regulatory changes. It should be noted that if New Brunswick or Prince Edward Island choose to establish a board, they would first need to enact provincial legislation.

On January 1, 2018, letters and email notifications were sent to all Indigenous groups in the Gulf Region. No specific concerns regarding the proposed amendments were raised.

Overall, feedback directly related to the proposed regulatory amendments received during meetings was limited and no strong objections were noted. Throughout the consultations, most questions and comments from fish harvesters pertained to the purpose and governance of the provincial certification board they will have the option to register with if the proposed regulatory changes come into effect. Some questions were asked regarding DFO’s motivation for seeking these regulatory changes, and information was provided on the Department’s general support for industry-led fish harvester professionalization initiatives. No objections to the amendments were noted.

Maritimes Region

Beginning on September 25, 2017, letters were sent to more than 12 000 registered fish harvesters in Nova Scotia identified by the Maritimes Region as potentially being impacted by the proposed regulatory changes. Dedicated consultation information sessions were held on the proposed regulatory changes in locations throughout the Region, and fish harvester associations were contacted by area offices in Nova Scotia and New Brunswick. In Southwest New Brunswick, fish harvesters were invited to a consultation session in Saint John via email and during advisory committee meetings. The Fish Harvester Registration and Certification Board of Nova Scotia (FHRCBNS) sent emails to their contacts, and representatives from FHRCBNS attended consultation sessions in person to address questions about the FHRCBNS’s intended certification regime. Letters were also sent to Indigenous chiefs in the Region and the proposed amendments were discussed at already established meetings.

Overall, consensus was that the industry was receptive to the information provided through these consultations. Attendance was strong throughout the Region and the proposed regulatory amendments were accepted as presented. The only observed concerns were surrounding the ease of transition, should the amendments move forward as proposed, and the possibility of the province bringing in mandatory registration through certification boards.

Quebec Region

On December 6 and 7, 2017, the Quebec Region, in collaboration with the Bureau d’accréditation des pêcheurs et des aides-pêcheurs du Québec (BAPAP), held a meeting with the Liaison Committee between Fisheries and Oceans Canada and the Capture Sector. Attending stakeholders included 15 representatives from inter-sectoral associations (Gaspésie–Bas-Saint-Laurent, Îles-de-la-Madeleine, and Côte-Nord), 2 representatives from Indigenous associations, and 1 representative from the ministère de l’Agriculture, des Pêcheries et de l’Alimentation du Québec.

The BAPAP is supportive of the regulatory amendments and noted that, with an evolving fishery, the workforce must be trained and room made for the next generation of harvesters. Overall, the desire to professionalize was very strong. Questions raised during the consultation session included applicability of the professional qualifications to Indigenous groups, accessibility and training criteria (i.e. number of hours), the experience required for accreditation, and provincial funding.

Newfoundland and Labrador Region

On November 23, 2017, representatives of the Newfoundland and Labrador Region met with two representatives of the provincial Department of Fisheries and Land Resources (DFLR) and five representatives from the Professional Fish Harvesters Certification Board (PFHCB). DFO officials met with two representatives of the Fish, Food and Allied Workers Union (FFAW) on January 15, 2018.

Indigenous consultation letters were sent to five organizations in Newfoundland and Labrador on November 23, 2017. Letters were provided to the Nunatsiavut Government, the Innu Nation, the Miawpukek First Nation, the NunatuKavut Community Council and the Qalipu First Nation. On December 15, 2017, DFO officials also conducted phone calls with the Nunatsiavut Government and the Torngat Joint Fisheries Board.

Overall, comments received by the Newfoundland and Labrador Region reflect support for the proposed amendments; no strong opposition was voiced. Although both the DFLR and the PFHCB were supportive of the proposed amendments, the DFLR has expressed a preference that all harvesters register with the PFHCB only. Some harvesters expressed their concerns regarding the PFHCB’s current professionalization requirements; however, no concerns have been expressed regarding the proposed DFO regulatory amendments themselves. The FFAW (the officially recognized labour organization representing Newfoundland and Labrador harvesters) is fully supportive of the proposed amendments.

Pacific (British Columbia) Region

The issue of professionalization was the subject of consultations with the Pacific Region as early as 2003 but received considerable resistance from a number of industry groups. A recent correspondence (January 2018) from a major stakeholder group in British Columbia stated that, although they do not object to the amendments, they do not support DFO forcing, encouraging, or assisting with the formation of provincial bodies. Should British Columbia choose to establish a board, it would need to enact provincial legislation and the Pacific Fishery Regulations would need to be amended. Therefore, given that DFO has not heard of any interest or appetite on the Pacific coast for professionalization, recent consultations were not undertaken in that Region.

Central and Arctic Region

In December 2017, representatives of the Central and Arctic Region sent letters to stakeholders in Nunavut asking for comments with respect to the proposed professionalization amendments. The Department received no comments or feedback from the stakeholders that were contacted and there were no requests to discuss the proposal; informal follow-up resulted in no further comments.

Fisheries and Oceans Canada has not issued FRCs in the Nunavut area, as crews operating in the Region (such as in the waters of the Hudson Strait) are for the most part southern-based and will obtain certification from their home provinces.

Although the federal regulations will already have been amended, there is no board currently in place in Nunavut. Therefore, territorial legislation would still need to be enacted in order to allow for the establishment of a board in this Region.

Rationale

The proposed regulatory amendments will support the departmental objectives of supporting continued professionalization of the fishing industry through improved alignment of provincial and federal regimes and efforts to improve marine safety. Given that other provinces have now proposed similar certification initiatives or may do so in the future, the proposed amendments will allow for recognition of certification programs established under provincial or territorial legislation.

The proposed approach provides a regulatory regime that is transparent and consistent with current practices and departmental direction. The changes will also improve clarity and transparency in terms of more accurately communicating regulatory requirements for licence holders and crew. Further detail on how objectives will be met is included below.

Improved alignment of provincial and federal regimes

DFO has been supporting professionalization over the years and has been increasing compatibility with provincial regulations by requiring (in some jurisdictions) through licensing policy that fish harvesters obtain a certain level of certification in order to be eligible for licences in the inshore fisheries. The proposed amendments will provide for a better alignment of these provincial and federal regimes in part by formalizing the current practice in Newfoundland and Labrador and Quebec and allowing for the recognition of a new provincial certification program in Nova Scotia.

Commercial fishing in marine water falls under federal jurisdiction. However, trade certification is an area of provincial jurisdiction. Certification boards must be recognized provincially or territorially and have formal authority to undertake trade certification. Therefore, the proposed approach would be consistent with the constitutional authority of provinces and territories over training and apprenticeship. It is also in the spirit of the Agreement on Interjurisdictional Cooperation with Respect to Fisheries and Aquaculture, signed by fisheries ministers across Canada in 1999.

To date, enabling provincial legislation establishing certification boards has been passed in Newfoundland and Labrador, Quebec and Nova Scotia. Although the federal regulations will already have been amended, Prince Edward Island, New Brunswick, and Nunavut would require provincial or territorial legislation to be enacted to allow for the establishment of a board. Accordingly, in those provinces and territory, the current requirement for an FRC would continue. On the West Coast, should British Columbia choose to establish a board, they would need to enact provincial legislation and the Pacific Fishery Regulations would need to be amended.

One example of improved alignment and compatibility is the work undertaken in the Newfoundland and Labrador Region to ensure federal policy and provincial certification requirements are directly linked and mutually re-enforcing. Since its inception in 1997, certification from the Newfoundland and Labrador Professional Fish Harvesters Certification Board (PFHCB) has been directly linked to DFO licensing policy in the Newfoundland and Labrador Region. More specifically, DFO policy includes an eligibility criterion requiring that fish harvesters be certified as a Level II harvester with the PFHCB to receive the transfer of a federal fishing licence. Furthermore, since 2015, DFO has a regional licensing policy requiring harvesters to be registered as Level I or Level II before being eligible to be designated as a replacement operator of a federal fishing licence.

Similar alignment efforts have been undertaken in Quebec. DFO and the BAPAP worked together to harmonize the licensing policies with provincial legislation in the Quebec Region. Since April 2016, being a certified fisher or assistant fisher (the two highest certification levels in Quebec) by the BAPAP is one of the eligibility criteria to obtain a federal fishing licence in the inshore fisheries.

While ministerial and departmental commitments have been made over the years to pursue regulatory change to recognize professional certification regimes, the necessary amendments to ensure consistency of regulatory requirements have not been made. Despite DFO’s support for the work of the existing boards, federal fisheries regulations continue to make it mandatory to register with the Department and carry an FRC. The proposed amendments would rectify this situation by alternatively allowing registration with a provincial or territorial board, as well as improving clarity and transparency in terms of more accurately communicating regulatory requirements for licence holders.

Furthermore, the proposed amendments will recognize existing and future certification boards while maintaining the Minister’s discretion over licensing and regulating who participates in the fisheries. In provinces and territories without professional certification boards, the Department will continue to register harvesters and issue FRCs.

Improved marine safety

In 2006, a Memorandum of Understanding (MOU) was established between Transport Canada (TC) and DFO on the safety at sea of commercial fish harvesters, providing a framework for cooperation between the two departments on marine safety. In order to make progress on the MOU, DFO has developed an action plan covering various elements aimed at strengthening safety at sea, including regulatory and policy review. The proposed professionalization amendments, as a component of this plan, represent a commitment to support the work carried out by boards and their focus on providing all harvesters with training to improve marine safety practices.

Overall, professionalization contributes to marine safety through the provision of training in a number of areas, including marine emergency duties, advanced marine first aid, and general seamanship and stability. Professionalization means that fish harvesters’ skills, knowledge and experience may be recognized. It allows them access to new training opportunities in a fishing industry with an established training culture and may also represent a long-term approach to achieving improved safety culture.

Other associated costs and benefits

In Nova Scotia, DFO would realize some minor internal administrative cost savings associated with facilitating the processing of applications and the issuance of FRCs as demand for DFO FRCs in the province will decline.

The PFHCB currently has approximately 9 500 fish harvesters registered in Newfoundland and Labrador, and BAPAP has 1 778 fish harvesters registered in Quebec; their respective fees are $75/year and $50/year. In Nova Scotia, the anticipated fee for registering with the FHRCBNS is unknown at this time, but will likely be comparable to Quebec and Newfoundland and Labrador’s current fees. Given that about half of the industry has indicated support for the instalment of a provincial certification board in Nova Scotia, over 6 300 fish harvesters could register with the FHRCBNS once in operation (based on the 2016 DFO provincial fish harvesting employment estimates).

The annual revenue loss for DFO since it stopped collecting registration fees from Newfoundland and Labrador and Quebec is approximately $739,000 (Newfoundland and Labrador) and $183,000 (Quebec), respectively. However, the effect of lost revenue on DFO appropriations from these uncollected Fisher’s Registration Card fees has been reconciled over time as a result of an incremental increase in other revenue.

It is anticipated that the annual loss of revenue collected by DFO stemming from a new certification regime in Nova Scotia could reach an additional $632,000 if all fish harvesters were to avail themselves of the exemption and register with the FHRCBNS. Given that the current level of support for the certification regime in Nova Scotia represents about 50% of the fish harvesters, it is expected that the lost revenue would be about 50% of the maximum loss, i.e. approximately $316,000 in the initial years.

Increased certification fees incurred by fish harvesters (if they choose to certify with a board instead of DFO) are not considered in this analysis, since the regulatory amendment does not force fish harvesters to choose the more expensive certification option (administrative costs are comparable, but associated training costs could be more expensive). Indirectly, this amendment provides a costing alternative for some fish harvesters (in Newfoundland and Labrador and Nova Scotia) though differences between the costs of either registration options are negligible.

In addition, DFO-supported provincial certification boards directly benefit the fishing sector in a number of ways. The training provided promotes safer marine work conditions and activities, sustainable resource awareness and increased operational efficiency. Fishing enterprises could use safer and more efficient fishing methods learned in the yearly training that could benefit the enterprise economically by increasing operational and labour efficiencies. Currently, DFO does not provide any marine or fishing training or instruction in exchange for an FRC. Since the annual fees of the existing provincial certification boards are the same or marginally higher (+$25/year) than current DFO FRC fees, the potential benefits of receiving up-to-date safety and operational training and instruction from provincial certification boards far outweigh the small added annual cost to fish harvesters.

This regulatory amendment gives participants in the fishing industry in the provinces where this option will be available, the flexibility to choose whether to register with DFO or their board, forcing no added or increased fee burden.

Implementation, enforcement and service standards

Issuance of FRCs

Following the coming into force of these proposed amendments, it is possible that some harvesters currently certified by existing boards in Newfoundland and Labrador and Quebec might ask to revert to registration via an FRC. However, since inshore harvesters in Newfoundland and Labrador and Quebec will still be required by policy to achieve specific levels of certification to be eligible to hold a licence, it is anticipated that the majority of licence holders will continue to register with the board.

To address the potential need to begin reissuing FRCs, regional licensing officers in Newfoundland and Labrador and Quebec will re-establish procedures to process and issue FRCs. This need to reissue FRCs will be managed by regional offices through existing resources.

In Nova Scotia, licensing officers will continue to issue FRCs as requested by fish harvesters who choose not to seek registration or certification with the Fish Harvester Registration and Certification Board of Nova Scotia.

Memoranda of understanding

MOUs with boards may be required for DFO to receive registration and certification information for enforcement purposes, and to allow the Department to continue to gather data and the demographic information of persons engaged in fish harvesting. All information collected and used by DFO or the boards under the MOUs would be treated in accordance with federal and provincial privacy laws, policies, and procedures.

Conservation and protection use of FRCs

The proposed amendments will give authority to fishery officers or fishery guardians in Newfoundland and Labrador and Quebec to board vessels to request evidence of registration or certification (in the absence of an FRC). Once the proposed amendments are in place, harvesters can be required to produce either an FRC or a proof of registration or certification from a board. Currently, the Department’s fishery officers and guardians can only request an FRC.

Contact

Fisheries and Oceans Canada
Subject: Professionalization
200 Kent Street, 14W-096
Ottawa, Ontario
K1A 0E6
Email: DFO.NAT.Certification-Accreditation.NAT.MPO@dfo-mpo.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to subsection 43(1) footnote a of the Fisheries Act footnote b, proposes to make the annexed Regulations Amending Certain Regulations Made Under the Fisheries Act.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to DFO.NAT.Certification-Accreditation.NAT.MPO@dfo-mpo.gc.ca, subject line: “Professionalization”.

Ottawa, February 7, 2019

Jurica Čapkun
Assistant Clerk of the Privy Council

Regulations Amending Certain Regulations Made Under the Fisheries Act

Atlantic Fishery Regulations, 1985

1 Subsection 2(1) of the Atlantic Fishery Regulations, 1985 footnote 1 is amended by adding the following in alphabetical order:

provincial or territorial fisher’s certificate has the same meaning as in section 2 of the Fishery (General) Regulations; (certificat de pêcheur provincial ou territorial)

2 The heading before section 13 of the Regulations is replaced by the following:

Registration Cards, Licences and Certificates

3 Subsection 13(2) of the Regulations is replaced by the following:

(2) If a licence is issued authorizing the use of a vessel to fish for a species of fish and an operator is not named in the licence, any registered fisher or any person holding a provincial or territorial fisher’s certificate, may operate that vessel to fish for that species.

4 (1) Paragraph 14(1)(a) of the Regulations is replaced by the following:

(2) Paragraph 14(1)(b) of the English version of the Regulations is replaced by the following:

(3) Subsection 14(4) of the Regulations is replaced by the following:

(4) A person who is less than 16 years of age may engage in fishing without being registered or without holding a provincial or territorial fisher’s certificate.

5 (1) Paragraph 15(1)(a) of the Regulations is replaced by the following:

(2) The portion of subsection 15(2) of the Regulations before paragraph (a) is replaced by the following:

(2) A person may, without being registered, holding a provincial or territorial fisher’s certificate or being licensed, and with a vessel that is not registered, engage in recreational fishing

(3) Paragraph 15(3)(a) of the Regulations is replaced by the following:

Fishery (General) Regulations

6 Section 2 of the Fishery (General) Regulations footnote 2 is amended by adding the following in alphabetical order:

provincial or territorial fisher’s certificate means a certificate of accreditation or registration, however described and regardless of format, which is issued to a commercial fisher through a program of accreditation or registration established under provincial or territorial legislation; (certificat de pêcheur provincial ou territorial)

7 Section 11 of the Regulations and the heading before it are replaced by the following:

Carry and Produce Licences, Registration Cards and Certificates

11 Every holder of a licence, a fisher’s registration card or a provincial or territorial fisher’s certificate shall carry it at all times while engaged in any activity to which it relates and shall produce it on the demand of a fishery officer or fishery guardian.

8 Paragraph 39(1)(a) of the Regulations is replaced by the following:

9 The portion of item 1 of Schedule VIII to the Regulations in column II is replaced by the following:
Item

Column II

Description of Offence
1 Fail to produce a licence, a fisher’s registration card, or a provincial or territorial fisher’s certificate

Maritime Provinces Fishery Regulations

10 The heading before section 4 of the Maritime Provinces Fishery Regulations footnote 3 is replaced by the following:

Licenses, Registration Cards and Certificates

11 Paragraph 4(1)(b) of the Regulations is replaced by the following:

Coming into Force

12 These Regulations come into force on the day on which they are registered.