O. Reg. 261/05: FISH LICENSING

 

ontario regulation 261/05

made under the

fish and wildlife conservation act, 1997

Made: June 1, 2005
Filed: June 3, 2005
Printed in The Ontario Gazette: June 18, 2005

Amending O. Reg. 664/98

(Fish Licensing)

1. (1) Subsection 2 (3) of Ontario Regulation 664/98 is amended by adding the following paragraph:

5. A one day fishing licence.

(2) Paragraph 4 of subsection 2 (4) of the Regulation is revoked and the following substituted:

4. The birth certificate of a Canadian resident who requires the direct assistance of another person to fish and to follow applicable laws in respect of fishing due to a condition of mental impairment or a developmental disability, a learning disability or dysfunction, or a mental disorder.

(3) Section 2 of the Regulation is amended by adding the following subsection:

(5) A person fishing under a birth certificate that is deemed to be a sport fishing licence under paragraph 4 of subsection (4) shall be accompanied by another person while sport fishing.

2. (1) Subsection 5 (1) of the Regulation is amended by striking out “valid for sport fishing” in the portion before paragraph 1 and substituting “a sport fishing licence”.

(2) Subsection 5 (2) of the Regulation is revoked and the following substituted:

(2) A resident of Quebec who is authorized to sport fish in accordance with the laws of Quebec shall be deemed to be the holder of a sport fishing licence in the following Ontario waters:

1. The Ottawa River (45º 34'N., 74º 23'W.) lying south of the dam situated in Temiscamingue, Quebec.

2. Lake St. Francis (45º 08'N., 74º 25'W.) and the waters of the St. Lawrence River lying between the easterly side of the dam at the site of the Robert H. Saunders Generating Station and the interprovincial boundary between Ontario and Quebec.

3. Lake Timiskaming (47º 20'N., 79º 30'W.).

4. Clarice Lake (48º 20'N., 79º 32'W.).

5. Labyrinth Lake (48º 14'N., 79º 31'W.).

6. Raven Lake (48º 03'N., 79º 33'W.).

3. The Regulation is amended by adding the following section:

6.1 A person who fishes under a document that is deemed to be a sport fishing licence shall carry it while fishing.

4. Section 20 of the Regulation is amended by adding the following subsection:

(3) The holder of an aquaculture licence shall not buy fish under clause (1) (b) except from a person who is authorized to sell the fish. 

5. Section 29 of the Regulation is revoked and the following substituted:

29. (1) For the purposes of paragraph 4 (1) (b) of the Ontario Fishery Regulations, each of the following documents shall be deemed to be a licence to transport live fish if the fish have been cultured, caught, bought or sold under the authority of the document:

1. An aquaculture licence.

2. A commercial fishing licence.

3. A document deemed to be a licence to sell fish under section 32.

4. A receipt, invoice or bill of lading issued by the holder of a licence referred to in paragraph 1 or 3.

5. A transport purchase record or a daily catch report issued by the holder of a commercial fishing licence.

6. A licence to collect fish for scientific purposes.

7. A licence to collect fish from Ontario waters.

8. A licence to stock fish.

(2) A person shall carry the document deemed to be a licence to transport live fish under subsection (1) while transporting the fish. 

(3) Subsection 57 (1) of the Act does not apply,

(a) to a person transporting fish in a container who produces, on request, a copy of a document described in subsection (1) in respect of the fish being transported; or

(b) to a person transporting fish taken in accordance with the Act and the regulations and under the authority of a sport fishing licence, if that person accompanies the fish during transportation.

6. Section 31.3 of the Regulation is amended by adding the following subsection:

(1.1) The holder of a commercial bait licence shall not buy leeches, frogs or baitfish for commercial purposes except from a person who is authorized to sell them.

7. (1) Subsection 32 (1) of the Regulation is amended by adding “or (3)” after “subsection (2)”.

(2) Subsection 32 (2) of the Regulation is amended by adding “For fish that originate in Ontario” at the beginning.

(3) Subsection 32 (3) of the Regulation is revoked and the following substituted:

(3) For the purposes of subsection 51 (1) of the Act and subject to subsection 32.2 (3) of this Regulation, a person shall be deemed to hold a licence to sell fish that have been transported into Ontario if the person possesses,

(a) an invoice, receipt, bill of lading or similar document that lists the buyer, seller, species, weight and condition of the fish; and

(b) a Canadian Food Inspection Agency Fish Import Notification in respect of the fish.

(4) A person who holds the documents described in subsection (2) or (3) shall retain them for a period of three years.

8. Section 34 of the Regulation is revoked and the following substituted:

34. (1) Royalties may be charged to the holder of a commercial fishing licence in respect of the species of fish listed in Schedule D.

(2) Royalties shall be calculated and invoiced as follows:

1. For fish harvested during the period beginning January 1 of the year and ending April 30 of the year, an interim invoice shall be issued by June 30 of the year and it shall be paid by July 31 of the same year.

2. For fish harvested during the period beginning May 1 of the year and ending August 31 of the year, an interim invoice shall be issued by October 31 of the year and it shall be paid by November 30 of the same year.

3. For fish harvested during the period beginning September 1 of the year and ending December 31 of the year, the interim invoice shall be issued by February 28 of the following year and it shall be paid by March 31 of that year.

4. For fish caught during the year but not already paid for, a final invoice shall be issued by May 31 of the following year and it shall be paid by June 30 of that year.

(3) An interim invoice shall be calculated as follows:

1. Calculate, by species and month, the number of pounds of unprocessed fish harvested by the person.

2. Multiply that amount by the previous year’s average annual price per pound for that species in the economic zone in which the fish were caught.  

3. Multiply the result of the calculations made under paragraph 2 by 0.033.

4. Add the results for each species together.

(4) An amount, if any, set out in the final invoice shall be calculated as follows:

1. Calculate, by species, the number of pounds of unprocessed fish harvested by the month.

2. Multiply that amount by the average price per pound for that species paid in the month of harvest in the economic zone in which the fish were caught.

3. Multiply the result of the calculations made under paragraph 2 by 0.033.

4. Add the results together and then subtract any amounts paid on the interim invoices for the year.

(5) A person shall pay interest on any amount that is invoiced and not paid when due at a rate to be determined by the Minister of Finance in accordance with section 10 of the Financial Administration Act.

(6) A refund shall be made to a person if,

(a) the amount calculated under subsection (4) is negative; and

(b) the person will not be fishing the following year under the licence under which royalties were paid.

(7) A refund shall not be made to a person and shall instead be credited to the next royalty payment to be made if,

(a) the amount calculated under subsection (4) is negative; and

(b) the person has renewed the commercial fishing licence under which the royalties were paid.

9. Section 34.1 and the heading immediately preceding section 34.1 of the Regulation are revoked and the following substituted:

part IV
miscellaneous

Licence to Collect Fish for Scientific Purposes

34.1 (1) The Minister may issue a licence to collect fish for scientific purposes.

(2) The holder of a licence to collect fish for scientific purposes shall complete a return in the form required by the Minister and submit it to the Minister on or before the date specified in the licence.