Vol. 148, No. 6 — March 12, 2014
Registration
SI/2014-21 March 12, 2014
FISHERIES ACT
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
P.C. 2014-196 February 28, 2014
His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans and the Minister of the Environment, pursuant to section 43.2 (see footnote a) of the Fisheries Act (see footnote b), makes the annexed 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.
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
Definition of “Act”
1. In this Order, “Act” means the Fisheries Act.
Designation
2. The Minister of the Environment is designated as the Minister responsible for the administration and enforcement of subsections 36(3) to (6) of the Act for all purposes and subject-matters, except the following:
- (a) the construction, operation, modification and decommissioning of, and other activity in relation to, an aquaculture facility, and any resulting effects of those activities on the waters frequented by fish; and
- (b) the control or eradication of any aquatic invasive species or aquatic species that constitute a pest to the fisheries.
Reference to Minister
3. For the purposes of administering and enforcing subsections 36(3) to (6) of the Act, for the purposes and in relation to the subject-matters set out in section 2, any reference to the Minister in the following provisions of the Act is a reference to the Minister of the Environment:
- (a) subsections 4.1(1), (3) and (4);
- (b) subsection 4.2(4);
- (c) sections 4.3 and 4.4;
- (d) subsections 5(1) and (2);
- (e) paragraph 37(1)(b), subsections 37(1.1) and (2), paragraphs 37(3)(a) and (b) and subsections 37(4) and (5);
- (f) subsections 38(1) and (2);
- (g) paragraphs 40(3)(a.1) and (d);
- (h) subsection 42.1(1);
- (i) subsections 71(2) to (4);
- (j) subsection 71.1(1);
- (k) section 73;
- (l) subsection 75(3);
- (m) section 76;
- (n) paragraphs 79.2(d) and (h);
- (o) subsections 79.4(2) and (3);
- (p) paragraph 79.7(4)(b);
- (q) subsections 89(1) to (3); and
- (r) section 91.
EXPLANATORY NOTE
(This note is not part of the Order.)
On the recommendation of the Minister of Fisheries and Oceans and the Minister of the Environment, pursuant to section 43.2 of the Fisheries Act, this Order in Council designates the Minister of the Environment as the minister responsible for the administration and enforcement of subsections 36(3) to (6) of the Fisheries Act for all purposes and subject-matters, except the following purposes and subject-matters that remain the responsibility of the Minister of Fisheries and Oceans:
- any construction, operation, modification and decommissioning of, and other activity in relation to, an aquaculture facility, and any resulting effects of those activities on the waters frequented by fish; and
- the control or eradication of any aquatic invasive species or aquatic species that constitute a pest to the fisheries.
Further, this Order in Council identifies those provisions of the Fisheries Act where a reference to the Minister is a reference to the Minister of the Environment for the purposes of administering and enforcing subsections 36(3) to (6) of the Fisheries Act, for the purposes and in relation to the subject-matters set out in the Order.
- Footnote a
S.C. 2012, c. 19, s. 150 - Footnote b
R.S., c. F-14