Regulations Amending the Quebec Fishery Regulations, 1990 (Miscellaneous Program): SOR/2021-115
Canada Gazette, Part II, Volume 155, Number 12
Registration
SOR/2021-115 June 1, 2021
FISHERIES ACT
P.C. 2021-464 June 1, 2021
His Excellency, the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 43 footnote a of the Fisheries Act footnote b, makes the annexed Regulations Amending the Quebec Fishery Regulations, 1990 (Miscellaneous Program).
Regulations Amending the Quebec Fishery Regulations, 1990 (Miscellaneous Program)
Amendments
1 (1) The definition angling in subsection 2(1) of the Quebec Fishery Regulations, 1990 footnote 1 is replaced by the following:
- angling
- means fishing, by means of a line or a rod and line to which is attached a hook that may be baited, including fly fishing but not including fishing by means of a night line; (pêche à la ligne)
(2) The definition leader in subsection 2(1) of the English version of the Regulations is replaced by the following:
- leader
- means a vertical panel that is attached to the front of fishing gear in order to lead fish towards the opening in the gear; (guideau)
(3) The definition area in subsection 2(1) of the Regulations is replaced by the following:
- Area
- means an area of the Province delimited as a fishing area under section 84.1 of An Act respecting the conservation and development of wildlife, CQLR, c. C-61.1; (zone)
2 Subsection 3(5) of the Regulations is replaced by the following:
(5) Except for this section and section 2, subsections 4(3), (3.1) and (4) and sections 5, 10 and 23, these Regulations do not apply with respect to fishing and related activities carried out under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations.
3 The portion of subsection 5(3) of the English version of the Regulations before paragraph (a) is replaced by the following:
(3) A person may fish under the licence of a licence holder, or without a licence when the person fishes under the supervision of a holder of the appropriate licence, if the person
4 Section 6 of the Regulations is replaced by the following:
6 No person other than an Indian as defined in subsection 2(1) of the Indian Act shall fish in any part of the Betsiamites River set out in item 7 of Schedule 6.
5 Paragraph 12(3)(c) of the English version of the Regulations is replaced by the following:
- (c) storing the rod in a closed case.
6 Paragraph 21(1)(l) of the English version of the Regulations is replaced by the following:
- (l) the place and the time at which fish may be unloaded from a fishing vessel;
7 Paragraph 25.1(1)(a) of the Regulations is replaced by the following:
- (a) the waters of the Jacques-Cartier River referred to in item 41 of Schedule 6 that are between the Bird Dam at Pont-Rouge (46°44′55″N., 71°42′40″W.) and the bridge situated at the south entrance of the Valcartier military base (46°54′01″N., 71°30′40″W.); and
8 (1) Paragraph 28(a) of the English version of the Regulations is replaced by the following:
- (a) Atlantic salmon and landlocked salmon;
(2) Paragraphs 28 (b) and (c) of the Regulations are replaced by the following:
- (b) muskellunge and tiger muskellunge;
- (c) lake trout and splake trout; or
(3) Paragraph 28(d) of the French version of the Regulations is replaced by the following:
- d) les esturgeons.
9 (1) Paragraph 30(1)(c) of the Regulations is replaced by the following:
- (c) a line that is equipped with more than three hooks, except when fishing for rainbow smelt in Area 21, when fishing for any species of fish in Area 25 or when fishing for any species of fish in that part of the waters of Lake Saint-François located in Area 8 and west of a line drawn from Beaudette Point on the north shore to Saint-Louis Point on the south shore;
(2) Paragraphs 30(1)(f) and (g) of the Regulations are replaced by the following:
- (f) in a salmon river during a period when Atlantic salmon fishing is not permitted, a line whose hook or combination of hooks has a total of more than three points; or
- (g) in waters reserved for fly fishing, a line whose hook or combination of hooks has a total of more than three points.
10 Paragraph 31(2)(c) of the Regulations is replaced by the following:
- (c) equipped with a single, double or triple hook that is larger than the maximum size.
11 Paragraph 33(1)(b) of the French version of the Regulations is replaced by the following:
- b) d'un bateau à moteur dans les eaux de la réserve faunique de la Rivière-Saint-Jean ou de la partie de la réserve faunique des Rivières-Matapédia-et-Patapédia comprises entre la rivière Causapscal et la chute en aval de la fosse à saumon Richard située près de la limite des comtés de Bonaventure et de Matapédia.
12 Subsection 35(4) of the Regulations is replaced by the following:
(4) For the purposes of subsections (1) and (2), fish caught and retained or Atlantic salmon caught and released in waters adjacent to waters set out in Schedules 2 and 6 shall be counted as fish from the waters set out in those Schedules.
13 Subsection 37(2) of the Regulations is replaced by the following:
(2) No person shall, during any day, continue to fish in any salmon river set out in Schedule 6 and included in Area 1, 2, 3, 18, 21, 27 or 28 after the person has, during that day, caught and retained or, if the daily quota set out in Schedule 2 applies in respect of catching and releasing, caught and released in that river a number of Atlantic salmon equal to the highest daily fishing quota of Atlantic salmon for the rivers in those Areas
14 The portion of section 38.1 of the Regulations before paragraph (a) is replaced by the following:
38.1 Section 38 does not apply to prohibit the possession of the equivalent in fillets of a sauger or walleye that
15 Subsection 39(2) of the Regulations is replaced by the following:
(2) A person may possess more lake trout or splake trout taken by sport fishing from an Area than the daily quota set out in Schedule 2 for those species in that Area if the lake trout or splake trout in excess of that quota are taken from waters of an outfitter and if the total number of lake trout and splake trout possessed by that person and taken in that Area does not exceed the highest daily quota for the waters of outfitters in that Area.
16 Subsection 41(3.1) of the English version of the Regulations is replaced by the following:
(3.1) If the procedures referred to in subsections (1) to (3) do not exist or have not been implemented, the person shall telephone an office of the Ministry to register the salmon.
| Item | Column 1 Species or Group of Species |
|---|---|
| 2 | Shad |
| Item | Column 1 Species or Group of Species |
|---|---|
| 5 | Whitefish |
| Item | Column 1 Species or group of species |
|---|---|
| 6 | Sauger and walleye |
| Item | Column 1 Species or group of species |
|---|---|
| 11 | Muskellunge and tiger muskellunge |
| Item | Column 1 Species or Group of Species |
|---|---|
| 13 | Yellow perch |
| 14 | Landlocked salmon |
| Item | Column 1 Species or group of species |
|---|---|
| 17 | Lake trout and splake trout |
| Item | Column 1 Species or Group of Species |
|---|---|
| 5 | Whitefish |
| Item | Column 1 Species or group of species |
|---|---|
| 6 | Sauger and walleye |
| Item | Column 1 Species or group of species |
|---|---|
| 11 | Muskellunge and tiger muskellunge |
| Item | Column 1 Species or Group of Species |
|---|---|
| 13 | Yellow perch |
| 14 | Landlocked salmon |
| Item | Column 1 Species or group of species |
|---|---|
| 17 | Lake trout and splake trout |
| Column I Common Name |
Column 2 Scientific Name |
|---|---|
| Bass (Bars) | |
| (a) Striped bass (Bar rayé) | (a) Morone saxatilis |
| (b) White bass (Bar blanc) | (b) Morone chrysops |
| (c) White perch (Baret) | (c) Morone americana |
| Lake trout (Touladis) | |
| (a) Lake trout (Touladi) | (a) Sander canadensis |
| (b) Splake trout (Omble moulac ou Omble lacmou) | (b) Sander vitreus |
| Muskellunge (Maskinongés) | |
| (a) Muskellunge (Maskinongé) | (a) Esox masquinongy |
| (b) Tiger muskellunge (Maskinongé tigré) | (b) Esox lucius x Esox masquinongy |
| Walleye (Dorés) | |
| (a) Sauger (Doré noir) | (a) Salvelinus namaycush |
| (b) Walleye (Doré jaune) | (b) Salvelinus fontinalis x Salvelinus namaycush |
29 Schedule 3 to the English version of the Regulations is amended by replacing “Atlantic tomcod (Poulamon)” in Column 1 opposite “Microgadus tomcod” in Column 2 with the following:
Atlantic tomcod (Poulamon atlantique)
| Colonne I Nom commun |
Colonne 2 Nom scientifique |
|---|---|
| Laquaiche aux yeux d'or (Goldeye) | Hiodon alosoides |
| Laquaiche argentée (Mooneye) | Hiodon tergisus |
| Column 1 Common Name |
Column 2 Scientific Name |
|---|---|
| Chinese mitten crab (Crabe chinois à mitaines) |
Eriocheir sinensis |
| Lake trout (Touladi) | Salvelinus namaycush |
| Muskellunge (Maskinongé) | Esox masquinongy |
| Sauger (Doré noir) | Sander canadensis |
| Splake trout (Omble moulac ou omble lacmou) | Salvelinus fontinalis x Salvelinus namaycush |
| Striped bass (Bar rayé ) | Morone saxatilis |
| Tiger muskellunge (Maskinongé tigré) |
Esox lucius x Esox masquinongy |
| Walleye (Doré jaune) | Sander vitreus |
| White bass (Bar blanc) | Morone chrysops |
| White perch (Baret ) | Morone americana |
32 Schedule 4 to the English version of the Regulations is amended by repealing:
Carp (Carpe)
33 Schedule 4 to the Regulations is amended by replacing “Chinese mitten crab (Crabe chinois à mitaine)” with “Chinese mitten crab (Crabe chinois à mitaines)”.
34 Schedule 4 to the Regulations is amended by replacing “Walleye (Dorés)” with “Walleye (Doré jaune)”.
35 Schedule 4 of the French version of the Regulations is amended by replacing “Maskinongés (Muskellunge)” with “Maskinongé (Muskellunge)”.
36 Schedule 4 to the French version of the Regulations is amended by replacing “Touladis (Lake trout) ” with “Touladi (Lake trout)”.
37 Schedule 4 to the Regulations is amended by adding the following in alphabetical order:
Sauger (Doré noir)
Splake trout (Omble moulac ou Omble lacmou)
Tiger muskellunge (Maskinongé tigré)
38 Schedule 4 to the English version of the Regulations is amended by adding the following in alphabetical order:
Common carp (Carpe)
39 The note at the end of Schedule 4 to the Regulations is replaced by the following:
Any species of fin fish not set out in Schedule 3 except capelin, herring or mackerel (Toute espèce de poisson à nageoires non mentionnée à l'annexe 3 sauf le capelan, le hareng ou le maquereau)
| Article | Colonne 1 Genre de permis |
|---|---|
| 1 | (2) Bourolle pour poisson appât : |
| Item | Column 1 Type of Licence |
|---|---|
| 1 | (16) American eel trap licence, for each trap |
| Item | Column 2 Position |
|---|---|
| 8(3) | The downstream limit is determined by its confluence with the river named Rivière Bonaventure. The upper limit is determined by the hydroelectric dam located at point 48°09′16″N., 66°20′49″W. |
| Item | Column 2 Position |
|---|---|
| 14 | The downstream limit is determined by the western end of the breakwater. The upper limit is determined by the falls near the brook named Ruisseau Beaulieu (48°48′49″N., 66°45′11″W.). |
| Article | Colonne 2 Position |
|---|---|
| 15(2) | La limite en aval est déterminée par sa confluence avec la rivière Cascapédia. La limite en amont est déterminée par sa source. |
| Item | Column 1 Name |
|---|---|
| 16(1) | Cascapédia Est, Petite rivière (Cascapédia Est Little River) (Area 1) |
| 16(2) | Cascapédia Ouest, Petite rivière (Cascapédia Ouest Little River) (Area 1) |
| Article | Colonne 2 Position |
|---|---|
| 27(2) | La limite en aval est déterminée par sa confluence avec la rivière des Escoumins. La limite en amont est déterminée par le lac Maclure. |
| Item | Column 1 Name |
|---|---|
| 31 | Franquelin, Rivière (Franquelin River) (Area 18) |
| Article | Column 2 Position |
|---|---|
| 33 | The downstream limit is determined by a straight line joining points 58°41′59″N., 66°03′00″W. and 58°39′11″N., 66°02′58″W. The upper limit is determined by a straight line joining points 55°17′00″N., 64°30′31″W. and 55°17′00″N., 64°27′12″W. |
| 33(1) | The downstream limit is determined by its confluence with the river named Rivière George, delineated by a straight line joining points 55°53′04″N., 64°45′54″W. and 55°53′04″N., 64°45′18″W. The upper limit is determined by a straight line joining points 55°09′30″N., 65°36′04″W. and 55°09′21″N., 65°36′04″W. |
| Article | Colonne 2 Position |
|---|---|
| 33(2) | La limite en aval est déterminée par sa confluence avec la rivière George, délimitée par une droite joignant les points 58°10′44″N., 65°47′00″O. et 58°10′34″N., 65°47′00″O. La limite en amont est déterminée par le point 58°08′56″N., 65°35′00″O. |
| Item | Column 1 Name |
Column 2 Position |
|---|---|---|
| 35 | Gouffre, Rivière du (du Gouffre River) (Areas 21 and 27) | The downstream limit is determined by its mouth. The upper limit is determined by the falls located at point 47°46′11″N., 70°33′07″W. |
| Item | Column 2 Position |
|---|---|
| 35(1) | The downstream limit is determined by its confluence with the river named Rivière du Gouffre. The upper limit is determined by the dam located at point 47°26′23″N., 70°32′08″W. |
| 35(2) | The downstream limit is determined by its confluence with the river named Rivière du Gouffre. The upper limit is determined by the bridge located at point 47°35′01″N., 70°33′36″W. |
| 35(2.1) | The downstream limit is determined by its confluence with the river named Rivière Le Gros Bras, a tributary of the river named Rivière du Gouffre. The upper limit is determined by the falls located at point 47°34′50″N., 70°34′40″W. |
| Item | Column 2 Position |
|---|---|
| 38 | The downstream limit is determined by a straight line joining the eastern limit of the breakwater downstream from the Route 132 bridge (48°23′44″N., 64°30′04″W.) and the western end of the breakwater of the fishing harbour (48°23′39″N., 64°29′47″W.). The upper limit is determined by Les Trois-Fourches. |
| Article | Colonne 2 Position |
|---|---|
| 39 | La limite en aval est déterminée par une droite joignant les points 50°46′11″N., 59°08′32″O. et 50°46′14″N., 59°08′24″O. et une droite joignant les points 50°46′05″N., 59°05′50″O. et 50°46′07″N., 59°05′26″O. La limite en amont est déterminée par sa source, y compris le lac du Gros Mécatina. |
| Item | Column 2 Position |
|---|---|
| 46(1.1) | The downstream limit is determined by its confluence with the river named Rivière aux Mélèzes, delineated by a straight line joining points 57°21′00″N., 70°43′54″W. and 57°21′00″N., 70°45′24″W. The upper limit is determined by a straight line joining points 56°37′06″N., 72°20′00″W. and 56°37′10″N., 72°20′00″W. |
| 46(1.1)(a) | The downstream limit is determined by its confluence with the river named Rivière du Gué, delineated by a straight line joining points 56°56′42″N., 71°28′18″W. and 56°56′24″N., 71°28′18″W. The upper limit is determined by a straight line between points 56°14′59″N., 70°50′19″W. and 56°14′47″N., 70°50′35″W. |
| 46(1.1)(a)(i) | The downstream limit is determined by its confluence with the river named Rivière Delay, delineated by a straight line joining points 56°31′38″N., 71°04′40″W. and 56°31′42″N., 71°04′40″W. The upper limit is determined by the point 56°33′04″N., 70°55′00″W. |
| Item | Column 2 Position |
|---|---|
| 55 | The downstream limit is determined by a straight line joining the Casgrain wharf to the mouth of the brook named Ruisseau de la Côte à Pontage. The upper limit is determined by the dam named Barrage des Érables located at point 47°53′31″N., 70°28′40″W. |
| Item | Column 2 Position |
|---|---|
| 59 | The downstream limit is determined by its mouth, delineated by a straight line joining the northern ends of the two breakwaters. The upper limit is determined by the dam of the lake named Lac Matane. |
| Item | Column 2 Position |
|---|---|
| 71 | The downstream limit is determined by its confluence with the brook named Ruisseau de la Cloche. The upper limit is determined by the falls located at point 48°24′42″N., 66°30′50″W. |
| Item | Column 2 Position |
|---|---|
| 80(1) | The downstream limit is determined by its confluence with the river named rivière Petit-Saguenay. The upper limit is determined by the western limits of the Pourvoirie Raoul Lavoie located at 48°07′09″N., 70°10′33″W . |
| Article | Colonne 2 Position |
|---|---|
| 82 | La limite en aval est déterminée par une droite joignant le point 50°15′58″N., 65°37′25″O. sur la rive ouest au point 50°16′06″N., 65°37′01″O. sur la rive est. La limite en amont est déterminée par la chute située à 800 m en aval du pont de la route 138 (50°16′38″N., 65°38′32″O.). |
| Item | Column 1 Name |
|---|---|
| 85 | Port-Daniel, Petite rivière (Port-Daniel Little River) (Area 1) |
| Item | Column 2 Position |
|---|---|
| 87 | The downstream limit is determined by the downstream side of the Route 132 bridge. The upper limit is determined by the falls named Chute des Portes de l'Enfer. |
| Item | Column 2 Position |
|---|---|
| 105 | The downstream limit is determined by the extension of two lines following the general direction of the shoreline for 1 km on either side of the river. The upper limit is determined by the falls named Chute Vauréal. |
| Item | Column 2 Position |
|---|---|
| 107(2) | The downstream limit is determined by its confluence with the lake named Lac Fournel (Rivière du Vieux Fort). The upper limit is determined by its source. |
63 The Regulations are amended by replacing “smelt” with “rainbow smelt”, with any necessary modifications, in the following provisions:
- (a) paragraph 5(2)(a);
- (b) section 34;
- (c) item 7 of Schedule 1;
- (d) item 7 of Schedule 2; and
- (e) subitems 1(7), (8), (10), (11), (13) and (14) of Part 2 of Schedule 5.
64 The French version of the Regulations is amended by replacing “poissons-appâts” with “poissons appâts” in the following provisions:
- (a) paragraph 11(b); and
- (b) the heading before section 15.
Coming into Force
65 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
On February 19, 2016, and on May 14, 2018, the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) identified a number of technical issues with the Quebec Fishery Regulations, 1990 and recommended that the Regulations be amended to address these issues.
Objectives
The amendments have the following objectives:
- to ensure that the regulations are clear, accurate, and serve to minimize the possibility of misinterpretation of their regulatory requirements;
- to correct discrepancies between the French and English versions;
- to add clarity to regulatory provisions; and
- to correct typographical or grammatical errors.
Description and rationale
- 1. These amendments will correct the following discrepancies between French and English versions:
- (a) Subsection 2(1) [French]: It was noted that the English version of this definition specified that “Area” refers to a fishing area delimited under Quebec's An Act respecting the conservation and development of wildlife, while the French version referred to only an area delimited as such. This minor inconsistency between the French and English version of the definition of “Area” was corrected. In the French version, the word “tel” was removed.
- (b) Subsection 2(1) [English]: It was noted in the definition of “leader” that the English version explained that a “leader” was a vertical panel attached to the front of a “fishing net.” The French definition uses the term “engin de pêche” instead, which is used in other provisions to refer to fishing gear more generally. In the English version, the definition was modified by replacing “net” with “gear.”
- (c) Section 6 (English and French): The French version was modified to clarify that this provision prohibits any person who is not an Indian, as defined in the Indian Act, from fishing in any part of the specified waters, as stated in the English version.
- (d) Paragraph 12(3)(c) [English]: In the English version, the word “closed” was added to refer to a “closed case,” as stated in the French version.
- (e) Paragraph 21(1)(l) [English]: In the English version, there was a discrepancy between paragraphs 21(1)(l) and 21(1)(m) that were using two different words for the same meaning. As such, the word “removed” was replaced with “unloaded” in paragraph 21(1)(l).
- (f) Subsection 37(2) [English and French]: A discrepancy between the French and English version was noted. The French version was modified to clarify that it referred to “catch and release,” and not the “catch or release.” Furthermore, in the English version, a grammatical error was corrected.
- (g) Subsection 41(3.1) [English]: The term “Department” was removed and replaced with “Ministry,” since “Ministry” is the defined term that corresponds to “ministère” in the French version.
- (h) Schedule 1, item 2 in column 1 (English): The English version was amended from “American shad” to “Shad” to clarify that this refers to the group of species, as stated in the French version.
- (i) Schedule 1, item 5 in column 1 and Schedule 2, item 5 in column 1 (English): The English version was amended from “Broad whitefish” to “Whitefish” to clarify that this refers to the group of species, as stated in the French version.
- (j) Schedule 3 (English): In the English version of this schedule, the cross-reference to the French version was modified to “Poulamon atlantique” rather than to “Poulamon,” as stated in the French version.
- (k) Schedule 6, item 14 (French): The coordinates provided for the upper limit were incorrect in the French version. The coordinates were modified to be the same as the English version.
- (l) Schedule 6, item 31 (English): The English version was not consistent in the way rivers are described. As such, the name “Franquelin River” was added in parentheses.
- (m) Schedule 6, subitem 33(2) (French): There was a discrepancy between the English and French versions with respect to which was the downstream limit and which was the upper limit. As such, the French version was modified to first refer to the downstream limit and then to the upper limit.
- (n) Schedule 6, item 82 (French): For consistency with the English version and with other items, the reference to “une ligne” (a line) in the French version was replaced with “une droite” (a straight line).
- 2. These amendments will ensure that the Regulations are clear, accurate, and serve to minimize the possibility of misinterpretation of their regulatory requirements:
- (a) Subsection 3(5) [English and French]: At subsection 3(5), subsection (3.1) was added to say, “Except for this section and section 2, subsections 4(3), (3.1) and (4) and sections 5, 10 and 23, these Regulations do not apply with respect to fishing and related activities carried out under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations.” Subsection (3.1), which relates to closing times, was added since it was unintentionally omitted from the list of exceptions listed in subsection 3(5).
- (b) Paragraph 5(2)(a); section 34; Schedule 1, item 7 in column 1; Schedule 2, item 7 in column 1; and Schedule 5, Part 2, subitems 1(7), 1(8), 1(10), 1(11), 1(13) and 1(14) [English and French]: In both versions, “smelt” was replaced with “rainbow smelt” to remove the ambiguity on what species it refers to.
- (c) Subsection 5(3) [English]: The appropriate modification was made to ensure greater clarity in the English version that a person may fish either under the licence of a licence holder or without a licence when fishing under the supervision of a licence holder if, in either instance, the person fishing meets the criteria of paragraphs (a), (b), or (c). Accordingly, the word “and” before paragraph (a) was replaced with “if the person.”
- (d) Section 6 (English and French): To add clarity, both versions were modified by adding the subsection of the Indian Act.
- (e) Paragraph 25.1(1)(a) [English and French]: The longitude coordinates were modified to correctly identify the bridge located at the south entrance of the Valcartier military base.
- (f) Paragraph 28(a), item 14 of Schedule 1, and item 14 of Schedule 2 (English): The term “ouananiche” was used in both the English and French versions. As stated in Schedule 3, the common name used in the English version should be “landlocked salmon.” As such, the English version was modified accordingly.
- (g) Paragraph 28(b); Schedule 1, item 11 in column 1; Schedule 2, item 11 in column 1; and Schedule 4 (English and French): It was noted that it was unclear whether paragraph 28(b) referred to the group “muskellunge” (which includes tiger muskellunge) or the species “muskellunge” (which does not). As such, in both versions, “muskellunge” was replaced with “muskellunge and tiger muskellunge.”
- (h) Paragraph 28(c); subsection 39(2); Schedule 1, item 17 in column 1; and Schedule 2, item 17 in column 1 (English and French): It was noted that the reference to “lake trout” was ambiguous in that it could refer either to the group “lake trout” (which includes splake trout) or to the species “lake trout” (which does not), as set out in Schedule 3. As such, the English version was modified to “lake trout and splake trout” and the French version was modified to “le touladi, l'omble moulac et l'omble lacmou.”
- (i) Paragraph 30(1)(c) [English and French]: A discrepancy was noted between paragraphs 30(1)(c) and 30(1)(d) in terms of the description of the same area. Paragraph 30(1)(c) was modified to align with the description in 30(1)(d).
- (j) Paragraph 30(1)(f) [English and French]: It was noted that it was unclear what was permitted to put on a line when angling in a salmon river during a period when Atlantic Salmon fishing is not permitted. As such, paragraph 30(1)(f) was slightly modified to “in a salmon river during a period when Atlantic salmon fishing is not permitted, a line whose hook or combination of hooks has a total of more than three points.”
- (k) Paragraph 30(1)(g) [English and French]: It was noted that it was unclear what was permitted to put on a line when angling in waters reserved for fly fishing. As such, paragraph 30(1)(g) was slightly modified to “in waters reserved for fly fishing, a line whose hook or combination of hooks has a total of more than three points.”
- (l) Paragraph 31(2)(c) [English and French]: The words “subject to paragraphs 30(1)(e to (g)” were removed, as they were not relevant to the section.
- (m) Subsection 35(4) [English and French]: It was noted that the reference to “schedules 1 and 6” was incorrect and was replaced by “schedules 2 and 6.”
- (n) Section 38.1 before paragraph (a) [English and French]: In both versions, the word “pickerel” was replaced with “sauger or walleye” to remove the ambiguity of what species it refers to.
- (o) Schedule 1, item 6 in column 1 and Schedule 2, item 6 in column 1 (English and French): In both versions, the word “walleye” was replaced with “sauger and walleye” to remove the ambiguity of what species it refers to.
- (p) Schedule 1, item 13 in column 1; and Schedule 2, item 13 in column 1 (English): The English version of these items were changed to “yellow perch,” since “yellow perch” is the species of fish listed in Schedule 3 as the equivalent of “perchaude.”
- (q) Schedule 3 (English and French): In English, there were two groups called “Bass.” To remove ambiguity of what species they refer to, the group “Bass (Bars)” was removed and put the species in alphabetical order in English and French.
- (r) Schedule 3 (English and French): The “Chinese mitten crab” with its scientific name “Eriocheir sinensis” was added to Schedule 3.
- (s) Schedule 3 (English and French): In English, the group “Walleye” had the same name as a species. To remove this ambiguity between the group and the species, the group was removed and the species were added in alphabetical order in English and French.
- (t) Schedule 3 (French): In French, “Laquaiche aux yeux d'or ” and “Laquaiche argenté” were put in alphabetical order.
- (u) Schedule 4 (English): The term “Carp (Carpe)” in Schedule 4 of the English version was repealed and the English version of Schedule 4 was amended by adding, in alphabetical order, “Common carp.”
- (v) Schedule 4 (English and French): To distinguish “Walleye” from the group and the species, “Sauger” and “Walleye” were added in alphabetical order in English and French.
- (w) Schedule 4 (English and French): To distinguish “Muskellunge” from the group and species, “Tiger muskellunge” was added in alphabetical order in English and French.
- (x) Schedule 4 (English and French): “Omble moulac” and “Omble lacmou” were added to Schedule 4 to differentiate the species. “Touladis” was also changed to “Touladi.”
- (y) Schedule 5, Part 2, subitem 1(16) [French]: This subitem referred to an “eel trap” (cage à anguilles), but the term defined in section 2 is “American eel trap” (cage à anguilles d'Amérique). As such, the French version was changed to “cage à anguille d'Amérique.”
- (z) Schedule 6, subitem 8(3) [English and French]: The coordinates provided for the upper limit were incorrect. The coordinates now identify the hydroelectric dam.
- (aa) Schedule 6, item 33 (English and French): The description of the upper limit of George River was unclear since it only identified one point in a relatively open body of water. Additional coordinates were added to resolve the ambiguity associated with the identification of the upper limit.
- (bb) Schedule 6, subitem 33(1) [English and French]: The upper limit coordinates of De Pas River were modified, as they incorrectly identified a point on land.
- (cc) Schedule 6, item 35 (English and French): The upper limit coordinates of Gouffre River were modified, as they were incorrect.
- (dd) Schedule 6, subitem 35(1) [English and French]: The upper limit coordinates for the Bras du Nord-Ouest River were modified, as they were incorrect; they did not correctly identify a dam.
- (ee) Schedule 6, subitem 35(2) [English and French]: The upper limit coordinates for the Le Gros Bras River were modified, as they were incorrect; they were identifying a point on land rather than a bridge.
- (ff) Schedule 6, subitem 35(2.1) [English and French]: The upper limit coordinates for the Le Petit Bras River were modified as they were incorrect; they are now identifying the falls.
- (gg) Schedule 6, subitem 46(1.1), paragraph 46(1.1)(a); subparagraph 46(1.1)(a)(i); and item 59 (English): There was an inconsistency in the English analogue of the word “delimité.” All references to “marked off” were replaced with “delineated.”
- (hh) Schedule 6, item 71 (English and French): The upper limit coordinates for the Nouvelle River were modified, as they were incorrect; they are now identifying the falls.
- (ii) Schedule 6, subitem 80(1) [English]: For consistency on how rivers are described in the Regulations, the English version was modified. The words “river named Rivière” were removed.
- (jj) Schedule 6, subitem 80(1) [English and French]: For the description of the upper limit, the official name of the outfitter was added. It is now called “Pourvoirie Raoul Lavoie.”
- 3. These amendments will correct typographical or grammatical errors:
- (a) Paragraph 11(b), heading before section 15 (French): In the French version, the hyphen in “poissons-appâts” was removed.
- (b) Paragraph 33(1)(b) [French]: The French version of paragraph 33(1)(b) was amended to refer to “fosse à saumon” rather than “fosse à saumons.”
- (c) Schedule 4 (English and French): Both versions were amended as the term “Mackeral” was incorrectly spelled. It was replaced with “Mackerel.”
- (d) Schedule 5, Part 2, subitem 1(2) [French]: In the French version, the term “Bourole” was incorrectly spelled. It was replaced with “Bourrolle.”
- (e) Schedule 6, subitem 15(2) [French]: In the French version, the word “La” was missing from the beginning of the description of the downstream limit.
- (f) Schedule 6, subitem 16(1) [English]: In the English version, the “r” in “Cascapédia Est Little river” was not capitalized. It was replaced with “Cascapédia Est Little River.”
- (g) Schedule 6, subitem 16(2) [English]: In the English version, column 1 is replaced with “Cascapédia Ouest, Petite rivière (Cascapédia Ouest Little River) (Area 1).”
- (h) Schedule 6, subitem 27(2) [French]: In the French version, the letter “a” was missing from the word “amont” in the following passage: “La limite en amont.”
- (i) Schedule 6, subitem 35(2.1) [English]: The first “r” in “rivière du Gouffre” was not capitalized in the English version. It was replaced with “Rivière du Gouffre.”
- (j) Schedule 6, item 38 (English): The reference to “havre de pêche” was incorrect in the English version. It was replaced with “the fishing harbour.”
- (k) Schedule 6, item 39 (French): In the French version, the word “et” was missing between the first two sets of coordinates. The word “et” was added in the French version.
- (l) Schedule 6, item 55 (English): In the English version, to better describe the downstream limit, the word “at” was replaced with “to.”
- (m) Schedule 6, item 85 (English): In the English version “(Petite Port-Daniel River)” was replaced with “(Port-Daniel Little River).”
- (n) Schedule 6, items 87 and 105 (English): To be consistent with other similar description in the Regulations, “the fall” was replaced with “the falls.”
- (o) Schedule 6, subitem 107(2) [English]: The word “the” was missing in the description of the downstream limit in the English version.
- 4. This amendment will add clarity to a regulatory provision:
- (a) Subsection 2(1) [English and French]: The definition of “Angling” referred to “a hook or an artificial lure.” Since the definition of “Hook” indicates that a hook “includes an artificial lure,” the definition of “angling” was modified to refer to only a hook.
The Minister of Fisheries and Oceans works closely with the Province of Quebec in administering the Quebec Fishery Regulations, 1990. As such, the Quebec Ministry of Forests, Wildlife and Parks has been consulted and agrees with the above changes.
As miscellaneous amendments, the above-noted provisions are minor corrections and are not expected to impact Indigenous groups, stakeholders or the Canadian public.
One-for-one rule and small business lens
The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to businesses.
The small business lens does not apply to these amendments, as there are no costs to small businesses.
Contact
Sandra Champigny
Parliamentary, Legislative and Regulatory Affairs
Strategic Policy and Priorities Directorate
Fisheries and Oceans Canada
Email: sandra.champigny@dfo-mpo.gc.ca