Regulations Amending the Quebec Fishery Regulations, 1990: SOR/2024-198
Canada Gazette, Part II, Volume 158, Number 22
Registration
SOR/2024-198 October 7, 2024
FISHERIES ACT
P.C. 2024-1070 October 4, 2024
Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, makes the annexed Regulations Amending the Quebec Fishery Regulations, 1990 under subsection 43(1)footnote a of the Fisheries Act footnote b.
Regulations Amending the Quebec Fishery Regulations, 1990
Amendments
1 The definitions Minister and sport fishing in subsection 2(1) of the Quebec Fishery Regulations, 1990 footnote 1 are replaced by the following:
- Minister
- means
- (a) in the case of the issuance of any of the commercial fishing licences listed in subitems 1(6) to (18) and (20), column 1, of Part 2 of Schedule 5, the Quebec Minister of Agriculture, Fisheries and Food,
- (b) in the case of the issuance of a commercial fishing licence listed in subitem 1(19), column 1, of Part 2 of Schedule 5,
- (i) if the licence is in respect of bait fish, the Minister responsible in the Province for the application of An Act respecting the conservation and development of wildlife, CQLR, c. C-61.1, and
- (ii) if the licence is not in respect of bait fish, the Quebec Minister of Agriculture, Fisheries and Food, and
- (c) in all other cases, the Minister responsible in the Province for the application of An Act respecting the conservation and development of wildlife, CQLR, c. C-61.1; (ministre)
- sport fishing
- means fishing for recreational purposes or for the personal use of the person who catches the fish; (pêche sportive)
2 (1) Subsection 4(1) of the Regulations is replaced by the following:
4 (1) The Minister or a Director may vary close times, fishing quotas, fishing gear or equipment or limits on the length or weight of fish applicable to sport fishing that are fixed in respect of an Area under these Regulations so that the variation applies in respect of that Area or any portion of that Area.
(2) Paragraphs 4(4)(a) and (b) of the English version of the Regulations are replaced by the following:
- (a) broadcasting the notice over a radio or television station that broadcasts in the Area or in the vicinity of the Area affected by the variation;
- (b) posting the notice in the Area or in the vicinity of the Area affected by the variation;
(3) Paragraph 4(4)(e) of the English version of the Regulations is replaced by the following:
- (e) publishing the notice in a newspaper that is circulated in the vicinity of the Area affected by the variation;
3 The Regulations are amended by adding the following after section 5.1:
5.2 No person shall possess any fish that has been caught in contravention of these Regulations.
4 The portion of subsection 7(2) of the English version of the Regulations before paragraph (a) is replaced by the following:
(2) A person may fish in the Areas and for the species referred to in subsection (1) where the person is
5 (1) Subsection 13(2) of the Regulations is replaced by the following:
(2) Subject to subsection (3), every person who catches and retains an Atlantic salmon shall immediately affix to the fish one of the valid tags that was issued with the person’s licence in the sequence that is indicated on the tags.
(2) Subsection 13(4) of the Regulations is replaced by the following:
(4) For the purposes of subsections (1) to (3), a tag is valid if
- (a) it has not been used;
- (b) it has not been modified or altered in any manner that renders any information on it illegible; and
- (c) it can be affixed, in the manner indicated in subsection (2), to the fish that has been caught and retained.
6 Section 15 of the Regulations is replaced by the following:
15 (1) No person shall, in any waters where fishing with bait fish is not permitted and within a radius of 100 m from such waters,
- (a) use fish for bait; or
- (b) possess bait fish other than inside a dwelling-house.
(2) A person who is fishing for bait fish under a commercial fishing licence listed in any of subitems 1(1) to (5) and (19), column 1, of Part 2 of Schedule 5, or who is fishing for bait fish in accordance with section 29, is not considered to possess bait fish for the purposes of subsection (1).
15.1 No person shall use a species of fish listed in Schedule 4 for bait.
7 Paragraph 25(1)(c) of the Regulations is replaced by the following:
- (c) is modified or altered in any manner that renders any information on the licence illegible;
8 Section 27 of the Regulations is replaced by the following:
27 Subject to sections 28, 29 and 31, no person engaged in sport fishing shall fish for or catch and retain a species of fish set out in column 1 of Schedule 1 in waters set out in column 2
- (a) during the close time set out in column 4; or
- (b) during a period other than the close time referred to in paragraph (a), if they fish using the gear or method set out in column 3.
27.1 No person shall engage in sport fishing, other than angling, in the waters of Areas 17, 22, 23 and 24.
9 Subsection 29(1) of the Regulations is replaced by the following:
29 (1) No person shall fish for bait fish unless they hold a licence referred to in item 1 of Part 1 of Schedule 5 or are fishing under the authority of such a licence and they fish using not more than one lift net or not more than three bait traps
- (a) in waters where and during a period when the use of bait fish is permitted; or
- (b) in any of Areas 1 to 29 other than during the close time, which begins on April 1 and ends on March 31.
10 Paragraph 30(1)(a) of the Regulations is replaced by the following:
- (a) more than one line at a time or, if the use of more than one line for angling is permitted, more than the number of lines permitted;
11 The Regulations are amended by adding the following after section 38.1:
38.2 Subject to section 29, no person shall have in their possession a fish taken by sport fishing that is of a species set out in column 1 of Schedule 1 in waters set out in column 2 during the close time set out in column 4.
12 Section 41 of the Regulations is replaced by the following:
41 (1) Every person who catches and retains an Atlantic salmon shall, within 48 hours after leaving the fishing location or immediately if requested to do so by a fishery officer, register the salmon in accordance with subsections (2) to (4).
(2) The person shall register the Atlantic salmon at the registration station that has been established for the body of water in which the salmon was caught by presenting their fishing licence and the salmon, either whole or gutted, and allowing a sample to be taken or an examination to be made for scientific purposes.
(3) If the registration station is not in operation, the person shall register the Atlantic salmon by using any self-registration procedure that is available at the station — including by completing and signing any required form in accordance with the instructions given and depositing it in the indicated location — or, if self-registration is not available, by using any remote registration procedure that has been implemented for the station.
(4) If none of the methods of registration referred to in subsections (2) and (3) are available, the person shall register the Atlantic salmon using any remote registration procedure that is specified by the Minister.
13 Section 42 of the Regulations is replaced by the following:
42 (1) The holder of a licence set out in item 3 of Part 1 of Schedule 5 shall affix a valid tag issued with their licence to the identification marker for each of the night lines they are using and shall ensure that the night lines all rest continuously on the bottom of the water.
(2) The tag is not valid if it has been modified or altered in any manner that renders any information on the tag illegible.
14 Schedule 1 to the Regulations is amended by replacing the references after the heading “SCHEDULE 1” with the following:
(Section 27, subsections 31(1) and (2) and section 38.2)
15 Schedule 4 to the Regulations is amended by replacing the reference after the heading “SCHEDULE 4” with the following:
(Section 15.1)
16 Schedule 5 to the Regulations is amended by replacing the references after the heading “SCHEDULE 5” with the following:
(Subsections 2(1) and 3(4), paragraph 5(1)(a), subsection 5(3), paragraph 11(a), subsection 15(2), paragraphs 16(e) and (f), section 19, subsections 21(2) and 23(2) and (3), sections 24 and 25.1, subsections 29(1) and 42(1), sections 47 and 48 and subsections 49(1) and 50(1))
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34 The Regulations are amended by replacing “R.S.Q.” with “CQLR” in the following provisions:
- (a) the definitions controlled zone or zec, county, ecological reserve, park, provincial legislation, resident and wildlife sanctuary in subsection 2(1);
- (b) paragraph 3(2)(b); and
- (c) paragraph 7(2)(a).
Coming into Force
35 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
First, because of year-to-year fluctuations in Atlantic salmon abundance, the provisions of the Quebec Fishery Regulations, 1990 (QFR) relating to the registration and tagging of Atlantic salmon caught in sport fisheries required modernization. The existing registration and tagging procedures are not robust enough to ensure the sustainability of this resource.
Second, certain prohibitions set out in the QFR lacked clarity, leading to enforcement issues. In addition, the provisions related to self-harvesting of bait fish were too restrictive and created obstacles for fishers wishing to obtain their own supply of bait fish.
Third, certain provisions and definitions in the QFR needed to be adjusted to ensure the proper functioning of the regulations.
Background
In Quebec, certain fisheries management powers are delegated to the Government of Quebec under a federal-provincial agreement. Therefore, the Government of Quebec, acting through the Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs (MELCCFP), is responsible for managing fisheries targeting freshwater aquatic species, anadromous species and catadromous species. An anadromous species, such as the Atlantic salmon, is born in freshwater and spends much of its life in the sea but returns to freshwater to spawn. A catadromous species, such as the American eel, spends most of its life in freshwater but spawns in salt water. Fisheries and Oceans Canada (DFO) is responsible for managing marine fisheries, i.e. fisheries targeting species that live in salt water.
To this end, the QFR, which were developed under the federal Fisheries Act, regulate fishing activities for freshwater, anadromous and catadromous species in the waters of the province and the tidal waters of Quebec. In addition, under the Fisheries Act and the QFR, the Minister or a Director of the MELCCFP may — by variation order —vary close times, fishing quotas and methods, and the limits on the length or weight of fish applicable to sport fishing. Variation orders are important fisheries management tools, as they allow the MELCCFP to adjust certain fishing rules taking into account regional needs, in a timely manner. By April 1 each year, the MELCCFP publishes the General Order for all fishing areas and seasons. This order may be modified as required by publishing an amending order that is more specific to a body of water, a portion thereof or a particular species.
The MELCCFP has applied to DFO for amendments to the QFR to improve regulatory management tools for sport fishing. These amendments were developed in two stages. The first stage mainly involved changes to the QFR provisions governing sport fishing for Atlantic salmon. A publication in the Canada Gazette, Part II (SOR/2018-55), finalized these amendments, which have been in force since March 27, 2018. The Regulations Amending the Quebec Fishery Regulations, 1990 are the second step in the MELCCFP’s regulatory amendment application.
Objective
The first objective of the Regulations Amending the Quebec Fishery Regulations, 1990 is to improve the regulatory management tools that apply to the Atlantic salmon sport fishery. One of the primary aims is to formalize the order of priority for Atlantic salmon registration methods.
The second objective is to clarify and strengthen the QFR to enable wildlife protection officers to better protect the resource while making it easier for people who self-harvest bait fish to do so.
The third objective is to improve regulatory coherence and adjust certain QFR provisions and definitions.
Lastly, the change to the definition of “sport fishing” is intended to increase the MELCCFP’s capacity to manage sport fishing in Quebec, giving it greater flexibility to manage fishing gear.
Description
An amendment to the definition of “Minister” gives the MELCCFP Minister the power to issue assistant fisher licences. The QFR allows the MELCCFP Minister to issue commercial bait fish fishing licences but in the past did not allow the Minister to issue assistant fisher licences for this type of fishing. Only the Quebec Minister of Agriculture, Fisheries and Food had the power to issue such licences.
The new definition of “sport fishing” centres on the recreational or personal purpose of fishing activities rather than providing an exhaustive list of fishing gear and methods.
Following an amendment to the Fisheries Act, the QFR can now be amended through a variation order to allow a prescribed person to make changes to fishing gear or equipment.
In some provisions of the English version, the first letter of the term “Area” is now capitalized to clarify that it refers to fishing areas as defined in the QFR.
A provision has been added to prohibit the possession of fish caught in contravention of the QFR.
An amendment to the Atlantic salmon tagging provisions deletes the reference to “detaching” a valid tag. This amendment accommodates licences purchased online, as the format of store-bought licences and tags will differ from that of licences and tags purchased online.
Under another amendment to these provisions, salmon tags issued with fishing licences must not be modified or altered in a way that renders the information on them illegible. These changes were needed because fishers have to print licences and tags purchased online. In most cases, they are not printed on water-resistant paper, as is the case with store-bought licences and tags. Laminated, covered or protected tags with legible information will be considered valid by the MELCCFP. The same applies to precut tags, which — along with salmon fishing licences — will be considered valid if the information on them remains legible.
According to the amendment pertaining to Atlantic salmon registration, the preferred registration station, self-registration process or remote registration method are those set up for the body of water where the salmon is caught, if these registration methods exist. The amendment establishes the order of priority for these registration methods. The amendment also adds online registration to the existing registration methods.
An amendment to the fishing licence conditions accommodates licences purchased online, stating that no fishing licences may be modified or altered in a way that renders the information on them illegible. As with salmon tags, laminated, covered or protected licences with legible information will be considered valid.
The possession of bait fish is prohibited on bodies of water where bait fish use is prohibited and within a 100-metre radius of these waters, except within a dwelling. Commercial bait fish fishers and sport fishers who self-harvest bait fish in accordance with the regulations are exempt from this prohibition. The prohibition on possessing bait fish for such use has been removed from the QFR; hence, the purpose of bait fish held in a fisher’s possession need not be considered in an enforcement context.
The prohibition on the use of fishing gear or equipment other than that permitted during open fishing periods has been amended to make it a clear regulatory requirement, such that non-compliance constitutes an offence.
A clarification was added to indicate that it is prohibited to carry out any kind of fishing other than angling, under a sport fishing licence, in the waters of the areas identified in the James Bay and Northern Quebec Agreement (JBNQA), i.e. areas 17 and 22 to 24.
An amendment allows the MELCCFP to permit self-harvest of bait fish outside water bodies and periods when the use of bait fish is authorized, since the use of bait fish is authorized only in the winter, making self-harvest difficult. Authorized self-harvest periods and water bodies will be set out in the variation orders published by the MELCCFP. Self-harvesting bait fish outside these periods and water bodies, without a sport fishing licence, and by using more than one lift net or more than three bait traps is prohibited.
An amendment specifies that when more than one line is permitted, using more than the authorized number is prohibited.
A provision has been added to prohibit the possession of fish caught while sport fishing — regardless of origin —on any body of water during any period when fishing is prohibited.
Authorized fishing locations, periods and gear have been removed from the provision related to burbot fishing. They are now covered in the provisions used to manage these parameters for other species. This change will align the structure of the QFR for managing burbot fishing with the structure for managing fishing for other species. Furthermore, to remain valid, the tags that must be attached to the identification marker for each burbot night line being used may not be modified or altered in a way that renders the information on them illegible. However, precut and laminated, covered or protected tags will be considered valid by the MELCCCFP.
Changes have been made to Schedule 6 to correct several geographical positions expressed in degrees, minutes and seconds. These changes address an issue raised by the Standing Joint Committee for the Scrutiny of Regulations (the Committee). In addition, certain changes made to the QFR as part of these regulatory amendments resolve other minor issues that were identified by the Committee.
Regulatory development
Consultation
The MELCCFP brings together its key partners from the wildlife sector through an advisory body called the Table nationale de la faune (National Wildlife Table). The National Wildlife Table, legally recognized under the Act Respecting the Conservation and Development of Wildlife, advises the MELCCFP on wildlife conservation and development issues, especially those concerning the development and promotion of hunting, fishing and trapping. The National Wildlife Table is tasked with discussing and, when necessary, resolving wildlife-related issues while also giving key stakeholders the opportunity to express their opinions, needs and expectations. The National Wildlife Table also plays a key role in consultations, since the MELCCFP seeks its advice on regulatory changes.
In fall 2020, the following organizations were consulted via a letter outlining the main objectives of the proposed amendments to the QFR and inviting them to submit their comments:
- The Fédération québécoise des chasseurs et pêcheurs represents the interests of the province’s sport fishers.
- Zones d’exploitation contrôlée (controlled harvesting zones, or ZECs) du Québec represents wildlife management organizations in ZECs.
- The Quebec Outfitters Federation Inc. (QOF) represents some 350 outfitters offering services and accommodation to fishers.
- The Fédération québécoise pour le saumon atlantique promotes the conservation and enhancement of salmon rivers and the development of Atlantic salmon sport fishing.
- The Société des établissements de plein air du Québec is a Quebec Crown corporation mandated to operate wildlife reserves and parks.
- The Fondation de la faune du Québec promotes the conservation and enhancement of wildlife and its habitats.
Four partners responded to the letter, and most of their responses were in favour of the proposed amendments.
The amendment prohibiting the possession of fish caught while sport fishing — regardless of origin — on any body of water or fishing area during any period when fishing is prohibited was revised based on input from the National Wildlife Table partners. The changes clarified that this prohibition applies only to bodies of water and not to fishing locations. The partners suggested this clarification to avoid an overly broad interpretation of the prohibition. For example, an interpretation of the term “fishing location” could include a resort bordering a body of water, which is not the intention of the regulations.
The various Indigenous communities in Quebec, as well as the Hunting, Fishing and Trapping Coordinating Committee (HFTCC), were consulted in fall 2020 via a letter outlining the MELCCFP’s main goals and inviting them to submit their comments. The HFTCC is a committee created under the James Bay and Northern Quebec Agreement (PDF) [JBNQA] (PDF, available in French only). It is a consultative body allowing Indigenous Peoples and the Government of Quebec and the Government of Canada to formulate regulations and oversee the administration and management of hunting, fishing and trapping on JBNQA lands.
The Huron-Wendat Nation, the Essipit Innu First Nation and the HFTCC responded to the consultation letter that the MELCCFP sent out in fall 2020. They largely agreed with all the proposed changes.
Modern treaty obligations and Indigenous engagement and consultation
DFO conducted an assessment of the QFR amendments in accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation. The assessment found that implementing the amendments would not affect modern treaty partners’ rights, interests or self-government provisions.
Instrument choice
Regulatory amendments to the QFR are the only possible option for achieving the objectives of this initiative. Despite the fisheries management powers conferred on Quebec, most of the amendments relate to parts of the QFR that cannot be adjusted by variation order under the existing federal-provincial agreement.
Regulatory analysis
Benefits and costs
The changes to Atlantic salmon registration have environmental and social benefits. They enable the province to fine-tune sport fishing for this species according to fluctuations in abundance. As a result, catches can be better adjusted to the state of the resource and better distributed among fishers, which will contribute to Atlantic salmon conservation, as it will reduce the risk of continued fishing in a river when too many salmon have already been caught, because some were registered elsewhere. This amendment represents a slight change in the registration obligations that salmon licence holders were already required to fulfill. The order of priority established for Atlantic salmon catch registration methods is expected to generate minimal additional costs because it is estimated that most salmon licence holders already use the MELCCFP’s preferred methods. Fishers who do not use these methods will incur some costs associated with additional trips to the priority registration station, which is usually located near the fishing location. However, these additional costs cannot be estimated accurately.
The amendments made to simplify and clarify certain prohibitions strengthen their application in order to better protect the resource. Most of these changes will have no negative effects on fishers and will not generate additional costs. Several of the proposed amendments clarify existing prohibitions and will facilitate the work of wildlife protection officers. However, the amendment prohibiting the possession of fish caught while sport fishing — regardless of origin — on any body of water during any period when fishing is prohibited could generate minimal costs, as fishers who cross a body of water closed to fishing with fish caught elsewhere will have to review their practices. For example, these fishers could change the way they access the body of water to avoid being on a body of water closed to fishing while in possession of fish caught while sport fishing.
If the MELCCFP allows the self-harvest of bait fish outside of the authorized seasons, i.e. during ice fishing, this will benefit fishers. The presence of ice complicates fishers self-harvest efforts during ice fishing.
The changes made to definitions help clarify the regulations and simplify their application, all without generating costs.
Lastly, the amendments made to adjust and align certain QFR provisions are largely administrative in nature and do not affect fishers. Better alignment between the QFR and other regulatory tools will eliminate potential confusion between the QFR and provincial variation orders, which will also increase government efficiency.
Small business lens
The small business lens does not apply, as the proposal generates no — or minimal — costs for small businesses.
One-for-one rule
The one-for-one rule does not apply, as the proposal generates no administrative costs for businesses.
Regulatory cooperation and alignment
The changes are not related to a work plan or commitment under a formal regulatory cooperation framework.
Effects on the environment
In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary analysis found that a strategic environmental assessment was not required.
Gender-based analysis plus
The gender-based analysis plus (GBA+) did not find any barriers to or unintended impacts on any particular group, as the amendments do not target a particular group, but instead apply to all sport fishers in Quebec.
Implementation, compliance and enforcement, and service standards
Implementation
The Government of Quebec is responsible for implementing the amendments to the QFR. The regulatory changes will be communicated to Quebec fishers through existing communications channels. The MELCCFP will ensure that information is disseminated, e.g. through a press release, Facebook post, updates to its website containing regulatory information or targeted communications with partners.
The Regulations Amending the Quebec Fisheries Regulations, 1990 come into force on the date of publication.
Compliance and enforcement
The amendments will be enforced using existing enforcement processes. The MELCCFP will continue to promote compliance among fishers on several platforms, and wildlife protection officers — who are responsible for ensuring that the rules set out in the QFR are respected — will continue to educate and raise awareness among fishers about their obligations under the QFR.
Pursuant to section 78 of the Fisheries Act, any person who violates a regulation made under this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 for a first offence or a fine not exceeding $100,000 for a subsequent offence, or to imprisonment for a term not exceeding one year — or to both. Although summary conviction fines are authorized up to these amounts, most penalties imposed on offenders are less than $500.
Contact
Daniel Couture
Lead
Aquatic Wildlife and Tracking Dog Handler Regulations
Habitat Conservation, Legislative Affairs and Wildlife Areas Branch
Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs
880 chemin Sainte-Foy
Québec, Quebec
G1S 4X4