Frequently Asked Questions

Table of contents

The following information is meant to provide Canadians and businesses with basic information about Fisheries and Oceans Canada's regulations.

The most accessed regulations for the Department were determined by reviewing the site data provided to the Department by Justice Canada, as well as by reviewing the site data for the Department's own website to determine which program areas and pages were visited the most.

Applications for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations

What is the purpose of this regulation?

  • Subsection 35(1) of the Fisheries Act prohibits, unless authorized, the carrying on of a work, undertaking or activity that results in serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery. "Serious harm to fish" is defined as the "death of fish or any permanent alteration to, or destruction of, fish habitat". One means to authorize such a work, undertaking or activity is through an authorization issued by the Minister of Fisheries and Oceans under paragraph 35(2)(b) of the Fisheries Act.
  • These regulations set out the information and documentation that is required to be submitted in applications for authorizations under paragraph 35(2)(b) of the Fisheries Act, and establishes procedural requirements and time limits for the processing of these applications.

What are the key elements of this regulation?

  • The Regulations set out the information and documentation that must be submitted by an applicant requesting an authorization under paragraph 35(2)(b) of the Fisheries Act in two circumstances:
    • Applications to carry on a proposed work, undertaking or activity likely to cause serious harm to fish in normal circumstances (Section 3 and Schedule 1 of the regulations); and
    • Applications to carry on a proposed work, undertaking or activity likely to cause serious harm to fish that is to be carried out without delay in response to an emergency circumstance (Section 4 and Schedule 2 of the regulations).
  • The Regulations also establish the procedures and time limits within which the Minister must process applications in normal circumstances (Sections 5 through 8 of the regulations).

How does this regulation affect Canadian businesses?

  • The intention of this regulation is to provide regulatory clarity and efficiencies for those proposing a work, undertaking or activity that requires an authorization under the Act.
  • The Regulations do not impose any additional administrative burden on applicants seeking an authorization under paragraph 35(2)(b) of the Fisheries Act. Information requirements that applied previously to applicants seeking an authorization under the Act were not different from the information requirements identified in these Regulations.
  • As well, there are no increased costs to small businesses and small businesses would not be disproportionately affected by the Regulations.

What is the timeline for implementation?

  • These regulations came into force on November 25, 2013.

Where can I get more information?

Aquaculture Activities Regulations

What is the purpose of these regulations?

  • The Aquaculture Activities Regulations build on existing federal and provincial regulatory regimes to clarify conditions under which aquaculture operators may treat their fish, deposit organic matter, and install, operate, maintain, or remove an aquaculture facility.
  • For example the Regulations continue to require, as in the past, that only products regulated by Health Canada under the Pest Control Products Act or the Food and Drugs Act may be used. However, the Regulations also support greater public reporting from the industry and impose specific environmental monitoring and sampling requirements.

What are the key elements of the regulations?

  • These Regulations are "risk-based". More regulatory requirements ("burden") are imposed on aquaculture activities that pose greater risk to fish and fish habitat. The owner or operator of a typical salmon farm must:
    • take reasonable mitigation measures to minimize impact to fish and fish habitat related to the use of pesticides or drugs to treat pests and disease and the release of organic waste;
    • take measures to reduce the killing of fish (other than pests) from non-chemical pest treatments or the building, installation and operation of aquaculture facilities;
    • report incidences of morbidity or mortality wild fish during pesticide or drug treatments at their facilities; and,
    • submit annual reports to Fisheries and Oceans Canada (DFO) on the amounts of drugs or pesticides used, preventative measures taken to protect fish and fish habitat and any environmental monitoring data.

How do these regulations affect Canadian businesses?

  • The development of these regulations was supported by major aquaculture companies in Canada in order to obtain "legal certainty". This was achieved based on the guiding principles of clarifying and minimizing duplicative regulatory requirements, matching more stringent requirements to higher risk activities and meeting the federal mandate of protecting fish and fish habitat.
  • In terms of financial cost to industry, the cost-benefit analysis completed on the regulations imply each aquaculture business will pay an average of $820 annually to meet the new regulatory requirements.

What is the timeline for implementation?

  • The Aquaculture Activities Regulations were implemented once they became law on June 26, 2015.

Where can I get more information?

Atlantic Fishery Regulations, 1985

What is the purpose of this regulation?

  • The purpose of the Atlantic Fishery Regulations is to set out the management and control of marine fish that are found in or taken from
    • the Convention Area1;
    • the tidal waters of the Provinces of New Brunswick, Newfoundland, Nova Scotia, Prince Edward Island and Quebec;
    • the waters of Ungava Bay;
    • and the waters of Hudson Strait lying east of 70°00′ west longitude.
    Prior to 1985, DFO managed specific species regulations such as the Lobster Fishery Regulations, Crab Fishery Regulations, Tuna Fishery Regulations, and Herring Fishery Regulations. A decision was made in the early 1980's to merge many of these into one set of regulations. In January, 1986 the Atlantic Fishery Regulations, 1985 were promulgated.
  • The Regulations also pertain to the management and control of the harvesting of marine plants in the Atlantic coastal waters of Canada, and in respect to fishing for clams, mussels and oysters in the inland and tidal waters within or adjacent to the Province of Quebec.

What are the key elements of this regulation?

  • The regulation provides information on the licencing provisions and fishery specific prohibitions such as close times, gear restrictions, size limits, bag limits, definitions of length etc. There are a number of schedules referred to and included in the regulations, which depict items such as the common and scientific names of the species for which they pertain, the various licencing fees, the boundaries of the NAFO subareas, division and subdivisions, the various species specific fishing areas maps (lobster, crab, herring scallop, etc.), and close times for specified fisheries. As well, there is a miscellaneous part of the Regulations that outline prohibitions for certain gear types in fishing areas.

How does this regulation affect Canadian businesses?

  • The regulation affects commercial fisheries located in the Atlantic region. Businesses, including small businesses, must adhere to the licencing requirements and the management regimes outlined in the regulations for particular fisheries, including the conditions set out in licences.
  • Businesses, including small businesses, must pay the annual fees associated with the various fishing licences, and fees related to licensing matters such as vessel and fisher registrations.

What is the timeline for implementation?

  • These regulations came into force in January 1986.
  • Currently, there are two amendments underway for the Atlantic Fishery Regulations, 1985. The first proposed amendments are a part of a miscellaneous amendment package that includes technical amendments that do not impact business. The second proposed amendment is a part of the Regulatory Amendments required to various regulations under the Fisheries Act as a part of the Labrador Inuit Land Claims Agreement. These amendments are not intended to change how the Inuit conduct their food, social and ceremonial fisheries; however, the amendments are necessary to facilitate the Department in meeting its obligations under the Labrador Inuit Land Claims Agreement.

Where can I get more information?

Coastal Fisheries Protection Regulations

What is the purpose of this regulation?

  • The primary purpose of the Coastal Fisheries Protection Regulations is to regulate foreign fishing vessels' access to and activities in Canadian fisheries waters and ports. Pursuant to the Coastal Fisheries Protection Act, foreign fishing vessels are prohibited from entering Canadian fisheries waters and ports for any purpose unless authorized by the Act, regulations, any other laws of Canada, or a treaty to which Canada is a Party.

What are the key elements of this aspect of the regulations?

  • The Coastal Fisheries Protection Regulations, made under the Coastal Fisheries Protection Act, govern the licensing of foreign vessels to fish in Canadian fisheries waters, the terms and conditions of such licences, requirements of the masters of foreign fishing vessels for notification of entry to and exit from the Canadian fisheries waters, taking of observers on board and boarding and inspection procedures.

How does this regulation affect Canadian businesses?

  • Generally speaking, this regulation does not directly affect Canadian businesses. These regulations mainly regulate foreign fishing vessel's access to and activities in Canadian fisheries waters and ports.

What is the timeline for implementation?

  • In November 2010, Canada signed the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing - an international treaty with the purpose of preventing, deterring and eliminating illegal, unreported and unregulated fishing through the implementation of effective and globally consistent and complementary port state measures. Canada already has a robust port state control regime for foreign fishing vessels. In order to meet the requirements of the Agreement, some amendments to the Coastal Fishery Protection Act and Coastal Fishery Protection Regulations are required.
  • Pre-publication of the regulatory proposal in the Canada Gazette, Part I is anticipated to occur during the 2014-2016 planning period.

Where can I get more information?

Fishery (General) Regulations

What is the purpose of this regulation?

  • The purpose of the Fishery (General) Regulations is to manage and control fishing and related activities in Canadian fisheries waters off the Atlantic, Pacific and Arctic coasts; fishing and related activities in the provinces of Quebec, Nova Scotia, New Brunswick, British Columbia, Prince Edward Island and Newfoundland and Labrador and in the Yukon Territory and Northwest Territories; and fishing and related activities carried out by vessels subject to the jurisdiction of Canada in non-Canadian waters.
  • The regulations do not replace management and control regimes described by other regulations under the Fisheries Act.

What are the key elements of this regulation?

  • The Fishery (General) Regulations provide norms on variation of close times, fishing quotas, size, and weight limits of fish, requirements for documents and registration, conditions of licence, identification of fishing vessels and fishing gear, releasing incidental catch, Observer duties and requirements of fishing owners and Masters, fishing for experimental, scientific, and educational purposes, for release of live fish, for removal of obstructions to the passage of fish, Ticketable offences, and prohibitions that apply when fishing in non-Canadian waters.

How does this regulation affect Canadian businesses?

  • These regulations set out Fisheries and Oceans Canada's authorities for approving the release of fish into fish habitat and the transfer of live fish to fish rearing facilities, for authorizing fishing for experimental, scientific, and educational purposes, and for the designation of observers. They also support the Department's management of aquaculture in British Columbia in conjunction with the Pacific Aquaculture Regulations. Also, it outlines regulations that fishing enterprises must comply with as part of their licenced fishing activity.

What is the timeline for implementation?

  • These regulations came into force in February 1993.
  • There is currently one proposed amendment for the Fishery (General) Regulations. The provisions under the Fishery (General) Regulations (administered by DFO), and the Health of Animals Regulations (administered by the Canadian Food Inspection Agency (CFIA)) currently grant two federal entities legal authority to account for disease risks associated with movements of live aquatic animals. The Department is proposing to address this overlap by amending Section 56 of the Fishery (General) Regulations to recognize CFIA's new disease management responsibilities under the Health of Animals Act.
  • The regulatory proposal is anticipated to be pre-published in Canada Gazette, Part I, for a 30-day comment period, which is anticipated to occur during the 2014-2016 planning period.

Where can I get more information?

Management of Contaminated Fisheries Regulations

What is the purpose of this regulation?

  • The purpose of the Management of Contaminated Fisheries Regulation is to authorize the Department of Fisheries and Oceans to close areas to recreational and commercial fishery harvests and to take other management measures into consideration when biotoxins, bacteria, chemical compounds or other substances are present in fish habitat to a degree that may constitute a danger to public health.

What are the key elements of this regulation?

  • The regulation provides a mechanism for stakeholders to apply for a licence (for scientific purposes, for food purposes, or for bait purpose) even when a prohibition order is in place prohibiting a person from catching and retaining a species that is deemed to be in a contaminated area.
  • If the licence issued is for food purposes, then the applicant must submit a decontamination plan. The licence is only issued if the person can illustrate that the fish caught or retained can be decontaminated before being used for human consumption.

How does this regulation affect Canadian businesses?

  • The Regulations apply to, and directly affect, both wild-capture fisheries and aquaculture sectors by setting the conditions under which contaminated fish may be harvested.

What is the timeline for implementation?

  • This regulation came into force in September 2006.
  • Currently there is only one regulatory amendment underway for the Management of Contaminated Fisheries Regulations.
  • Possible amendments to the Management of Contaminated Fisheries Regulations are being proposed to enable shellfish aquaculturists to engage in activities such as the temporary removal of shellfish from their site for the purpose of site maintenance activities in areas under 'closed' status, or for the purpose of harvesting seed, spat and broodstock for aquaculture purposes. Other amendments may be proposed based on further analysis.

Where can I get more information?

Marine Mammal Regulations

What is the purpose of this regulation?

  • The Marine Mammal Regulations, made under authority of the Fisheries Act, prohibits the disturbance of whales and other marine mammals, and regulates fishing for marine mammals in Canada and in Canadian fisheries waters and fishing for marine mammals from Canadian fishing vessels in the Antarctic.

What are the key elements of this regulation?

  • These regulations prohibit the disturbance of marine mammals, and prohibit fishing for marine mammals without a licence. In addition, the regulations set out conditions related to marine mammal fishing, including the equipment to be used and procedures to be followed. The regulations also prohibit any person from approaching within one-half nautical mile in the absence of a seal fishery observation licence. In addition, the regulation establishes the seal fishery close times.
  • Regulatory amendments to the Marine Mammal Regulations are being proposed to reduce human disturbance of marine mammals. The proposed regulations would authorize the Minister to issue marine mammal disturbance licences in limited circumstances (eg: to ease pain and suffering of a marine mammal in distress). In addition, the amendments would define the word "disturb" for the purposes of the regulations, introduce a minimum approach distance of 100 meters to marine mammals (commercial vessels in transit exempt), and introduce a provision that requires the reporting to DFO of any accidental contact with a marine mammal.

How does this regulation affect Canadian businesses?

  • The requirement to obtain a licence for commercial seal fishery
    • Canadian fishers must obtain a fishing licence in order to commercially fish seals. This licence has a small fee associated with it. In addition, the regulations specify the equipment fishers must use and the procedures they must follow in the commercial seal fishery.
  • Prohibitions against the disturbance of marine mammals
    • The proposed regulatory amendments to the Marine Mammal Regulations will impact Canadian businesses, in particular the marine mammal watching industry. Tour operators will be prohibited from approaching within 100 meters of marine mammals. Cargo vessels that are in transit are exempt from these proposed regulations and therefore will not be impacted by the approach distance. All Canadians will also be affected by this proposed regulatory amendment as it will create the requirement to report any accidental contact with a marine mammal to the Department of Fisheries and Oceans.

What is the timeline for implementation?

  • The existing provisions of the Marine Mammal Regulations have been in force since February 4, 1993. Proposed amendments to the Marine Mammal Regulations were pre-published in Canada Gazette, Part I for a 60 day public comment period on March 24, 2012.

Where can I get more information?

Maritime Provinces Fishery Regulations

What is the purpose of this regulation?

  • The Maritime Provinces Fishery Regulations are made under the authority of the Fisheries Act and manage commercial and recreational fishing in New Brunswick, Nova Scotia, and Prince Edward Island and in the Canadian Fisheries waters adjacent to those provinces.

What are the key elements of this regulation?

  • This regulation provides for the management and control of fishing and related activities in the Maritime provinces, including:
    • Listing species which are prohibited from being fished;
    • Providing licence and registration card requirements and fees for certain fisheries;
    • Providing possession limits, size limits, and fishing quotas for specific species;
    • Providing general bait and gear restrictions; and,
    • Identifying close times for specific species fisheries.

How does this regulation affect Canadian businesses?

  • This regulation affects Canadian businesses engaged in commercial fishing activities. Canadian businesses must obtain licences for fishing activities, and are prohibited against fishing for certain listed species. In addition, the regulation identifies fishing close times, and specifies bait and gear restrictions for fishing activities.
  • Businesses, including small businesses must pay the annual fees associated with the various fishing licences, and fees related to licensing matters such as vessel and fisher registrations.

What is the timeline for implementation?

  • This regulation came into force February 4, 1993.

Where can I get more information?

Newfoundland and Labrador Fishery Regulations

What is the purpose of this regulation?

  • The Newfoundland and Labrador Fishery Regulations are made under the authority of the Fisheries Act and manage recreational and commercial fishing in inland, and in some situations, the tidal and coastal waters adjacent to the province of Newfoundland Labrador.

What are the key elements of this regulation?

  • This regulation provides conditions and prohibitions related to fishing in waters as noted above for Newfoundland Labrador including
    • Specifying conditions for angling including the requirement for a licence for certain species, and gear restrictions;
    • Identifying quotas for recreational fish species and geographic location;
    • Salmon, trout and char fishing in coastal waters of Labrador;
    • Providing close times for specific species fisheries; and
    • Identifying restricted fishing waters.
  • In 2010, amendments were made to the Newfoundland and Labrador Fishery Regulations to correct inaccuracies in wording, allow for better management of conservation needs, and make enforcement more effective. These administrative amendments were implemented to improve the language pertaining to recreational fishing restrictions for eligible waters, daily quota, yearly quota, possession limit, length limit, methods, and close times for various species of fish.

How does this regulation affect Canadian businesses?

  • This regulation affects Canadian businesses engaged in recreational and commercial fishing activities within Newfoundland Labrador, particularly related to business involved with the recreational salmon and trout fisheries.

What is the timeline for implementation?

  • Current provisions within the Newfoundland and Labrador Fishery Regulations have been in force since May 12, 1978. Amendments to further strengthen conservation and enforcement were made to the Newfoundland and Labrador Fishery Regulations on August 3, 2010.

Where can I get more information?

Pacific Aquaculture Regulations

What is the purpose of this regulation?

  • The Pacific Aquaculture Regulations, together with applicable provisions of existing federal regulations, create a regulatory regime for aquaculture management in British Columbia and particular waters off the coast of British Columbia. The objective of the regulatory regime is to ensure the proper management of aquaculture, particularly with respect to protection and conservation of fish and fish habitat, in an open and transparent manner.

What are the key elements of this regulation?

  • The Regulations are made pursuant to section 43 of the Fisheries Act. They require that a licence be obtained in order to engage in aquaculture and outline a range of conditions that may be imposed as part of this process. The conditions include
    • Measures to minimize escapes, introductions and transfers, incidental catch, predator control, impacts to fish and fish habitat, fish health, sea lice, etc.;
    • Monitoring requirements;
    • Record keeping, notification and reporting; and
    • Measures to minimize the impact of organic and inorganic matter on fish and fish habitat.

How does this regulation affect Canadian businesses?

  • The regulations apply to aquaculture sector. As a result of improved operational clarity as well as a reduction in administrative burden, the aquaculture industry in British Columbia continues to contribute to the provincial and Canadian economies. The aquaculture industry generates important economic activity in rural communities.

What is the timeline for implementation?

  • The regulations entered into force on December 19, 2010. The British Columbia Aquaculture Regulatory Program has been designed to ensure that aquaculture in British Columbia is sustainable, and that it is conducted in a manner that minimizes the risks to wild fish stocks.
  • There is currently one proposed amendment for these regulations. The proposed amendment would implement aquaculture licence fees for federally regulated aquaculture operations in the Province of British Columbia (enhancement facilities and educational institutions would be exempt). These fees will replace those that were formerly charged by the Province of British Columbia before the provincial regime was struck down as it pertained to fisheries management aspects.

Where can I get more information?

Pacific Fishery Management Area Regulations, 2007

What is the purpose of this regulation?

  • The Pacific Fishery Management Area Regulations, 2007 divide Canadian fisheries waters of the Pacific Ocean into individually numbered Areas and Subareas.
  • The Areas and Subareas in Schedule II together with the surfline described in Schedule I provide an efficient means of referring to portions of the Pacific Ocean and are widely used by the Department of DFO. For example, Areas and Subareas are used in: 
    • communications with client groups;
    • identifying Area of catch on fish slip records;
    • specifying fishing location in harvest logs;
    • making oral reports of vessel locations from sea; and
    • the tasking of vessels and aircraft for surveillance and enforcement patrols.
  • Areas and Subareas are also used in drafting orders for the variation of close times, fishing quotas, and the size and weight limits for fish and for closing contaminated areas.

What are the key elements of this regulation?

  • The key elements of these areas are set out in two schedules:
    • Schedule 1: Schedule I defines a line called the surfline. The surfline divides near shore and offshore waters along the west coast of Vancouver Island and the Queen Charlotte Islands.
    • Schedule 2: Schedule II describes Areas and Subareas for tidal waters
  • Each Area and Subarea is defined by a line joining a series of reference points. The reference points are used to describe physical features, navigation aids, coordinates, and boundary signs. It should be noted that all coordinates are in North American Datum 1983 (NAD 83).

How does this regulation affect Canadian businesses?

  • This regulation allows Canadian businesses to get clear descriptions of each Area and Subarea within the Canadian waters of the Pacific Ocean with both landmarks and coordinates, coordinates that can then be inserted into GPS devices. This regulation also facilitates planning for fishing trips (commercial, recreational, etc.) and therefore, allows maximizing of profits.

What is the timeline for implementation?

  • These regulations came into force on April 19, 2007.

Where can I get more information?

Pacific Fishery Regulations, 1993

What is the purpose of this regulation?

  • The Purpose of the the Pacific Fishery Regulations, 1993 is to regulate fishing in the Pacific Ocean and the province of British Columbia; and to regulate fishing for Tuna from Canadian fishing Vessels in the waters of the Pacific Ocean that are not Canadian fisheries waters.
  • The regulations also pertain to the management and control of harvesting marine plants from Canadian fisheries waters in the Pacific Ocean that are not within the geographical limits of the Province.

What are the key elements of this regulation?

  • The regulation provides information on the licencing provisions and fishery specific prohibitions such as close times, gear restrictions, size limits, bag limits, etc. There are a number of schedules referred to and included in the regulations. These schedules depict items such as the common and scientific names of the species for which they pertain, the various licencing categories and fees, close times for the various fisheries, as well as a list of all prohibited import live fish.

How does this regulation affect Canadian businesses?

  • The regulation affects commercial fisheries in the Pacific Ocean and the province of British Columbia. Businesses, including small businesses, must adhere to the management regimes outlined in the regulations for particular fisheries, including the conditions set out in licence. Details on the management regimes for the various fisheries that are regulated under the Pacific Fishery Regulations, 1993 can be found in the Department's Integrated Fisheries Management Plans.

What is the timeline for implementation?

  • The regulations came into force in February 1993.
  • Currently, there are three amendments underway to the Pacific Fishery Regulations, 1993. The first proposed amendments seek the addition of Pacific sardines to Schedule I (List of Scientific Names), and to Schedule III (Close Times), of the Pacific Fishery Regulations 1993, in order to clarify the allowable fishing gear and the fishing season. The purpose of these amendments is to normalize management of the fishery. The Pacific Sardines fishery has historically been managed as an emerging fishery, governed solely by licence conditions.
  • The second proposed amendments would serve to eliminate unnecessary barriers to fish import and industry development, as well as aligning and clarifying Federal responsibilities with respect to fish importation and movement.
  • The third proposed amendment would eliminate tuna, lingcod and Spiny Dogfish from Part II, Schedule II and add these species to Part I, Schedule II, allowing for individual licence issuance for each species. This is because there is a sizeable commercial fishery for each of these species in the Pacific Region.

Where can I get more information?

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

1 Convention Area means the waters of the Northwest Atlantic Ocean north of 35°00′north latitude and west of a line extending due north from 35°00′north latitude and 42°00′west longitude to 59°00′north latitude, thence due west to 44°00′west longitude, and thence due north to the coast of Greenland, and the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78°10′north latitude; (zone de la Convention)

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