B-7.1, r. 1 - Regulation respecting recognition of the professional qualification of fishers and assistant fishers

Section 9 Disposition versions

2021-07-15

9. Shall enjoy a qualification equivalent to that required in subparagraph a of subparagraph 2 of section 8, any person, among those listed hereafter, who meets the conditions set out in the third paragraph:

(1)  fishers or assistant fishers who practiced commercial fishing for at least 5 weeks per year for at least 2 years in 1999, 2000 or 2001, or for at least 5 years between 1 January 1990 and 13 September 2001;

(2)  fishers or assistant fishers who, on 13 September 2001, were not carrying on commercial fishing due to illness, pregnancy, maternity leave, paternity leave, or a moratorium imposed by the commercial fishery authority although they did so before, and who:

(a)  were registered with the licencing authority in Québec holding jurisdiction for issuing fishing licences under the authority of the Fisheries Act (R.S.C. 1985, c. F-14) during the 2 years prior to their illness or the moratorium;

(b)  carried on commercial fishing for at least 5 weeks during the course of those 2 years or was eligible under The Atlantic Groundfish Strategy (TAGS) program of the Government of Canada, in force from May 1994 to August 1998, as a fisher or assistant fisher;

(3)  fishers or assistant fishers who carried on commercial fishing for at least 5 weeks between 1990 and 2000, and who were registered with the licencing authority in Québec holding jurisdiction for issuing fishing licences under the authority of the Fisheries Act.

For the purposes of the first paragraph and of subparagraph 1 of the first paragraph of section 11, the term “fisher” refers to the holder, on 13 September 2001, of a commercial fishing licence issued by the licencing authority in Québec holding jurisdiction for issuing fishing licences under the authority of the Fisheries Act, with the exclusion of any person who holds only a seal fishing licence or a fishing licence issued exclusively for the purposes of aquaculture in tidal waters.

To enjoy this qualification equivalence, persons referred to in the first paragraph must submit a written application to the certification board for that purpose, together with a written confirmation indicating that they have successfully completed the following training courses given by the Centre, or another professional training centre established by a school service centre or school board:

(1)  advanced first aid at sea, for a duration of 16 hours;

(2)  emergency operations at sea, for a duration of 20 hours;

(3)  responsible fishing, 2 courses from a selection of 10, for a duration of 15 hours each;

(4)  organization and team work, for a duration of 15 hours;

(5)  preservation and on-board handling of fish, for a duration of 20 hours;

(6)  fisheries technology, for a duration of 40 hours;

(7)  rules of the road, for a duration of 30 hours;

(8)  radio communications, for a duration of 15 hours.

A person shall enjoy a qualification equivalent to that required in subparagraph a of paragraph 2 of section 8 if the person is at least 24 years of age, intends to become an assistant fisher and includes with his or her application written confirmation or a cumulative report from a competent school authority confirming that the person has successfully completed a training course of at least 630 hours pertaining to emergency situations at sea, net mending, rigging of fixed or mobile gear, the introduction to the trade of assistant fisher, the preparation for a fishing trip, the habitats and ways of life of marine organisms, rules of the road, means of communication and the handling and preservation of products as part of a training program recognized by the Ministère de l’Éducation du Québec, offered by one of the centres or institutions referred to in paragraph 2 of section 4 and leading to the issue of a professional fishery studies diploma.

O.C. 944-2001, s. 9; O.C. 819-2009, s. 1; O.C. 816-2021, s. 13.

2012-09-01

9. Shall enjoy a qualification equivalent to that required in subparagraph a of subparagraph 2 of section 8, any person, among those listed hereafter, who meets the conditions set out in the third paragraph:

(1)  fishers or assistant fishers who practiced commercial fishing for at least 5 weeks per year for at least 2 years in 1999, 2000 or 2001, or for at least 5 years between 1 January 1990 and 13 September 2001;

(2)  fishers or assistant fishers who, on 13 September 2001, were not carrying on commercial fishing due to illness, pregnancy, maternity leave, paternity leave, or a moratorium imposed by the commercial fishery authority although they did so before, and who:

(a)  were registered with the licencing authority in Québec holding jurisdiction for issuing fishing licences under the authority of the Fisheries Act (R.S.C. 1985, c. F-14) during the 2 years prior to their illness or the moratorium;

(b)  carried on commercial fishing for at least 5 weeks during the course of those 2 years or was eligible under The Atlantic Groundfish Strategy (TAGS) program of the Government of Canada, in force from May 1994 to August 1998, as a fisher or assistant fisher;

(3)  fishers or assistant fishers who carried on commercial fishing for at least 5 weeks between 1990 and 2000, and who were registered with the licencing authority in Québec holding jurisdiction for issuing fishing licences under the authority of the Fisheries Act.

For the purposes of the first paragraph and of subparagraph 1 of the first paragraph of section 11, the term “fisher” refers to the holder, on 13 September 2001, of a commercial fishing licence issued by the licencing authority in Québec holding jurisdiction for issuing fishing licences under the authority of the Fisheries Act, with the exclusion of any person who holds only a seal fishing licence or a fishing licence issued exclusively for the purposes of aquaculture in tidal waters.

To enjoy this qualification equivalence, persons referred to in the first paragraph must submit a written application to the certification board for that purpose, together with a written confirmation indicating that they have successfully completed the following training courses given by the Centre, or another professional training centre established by a school board:

(1)  advanced first aid at sea, for a duration of 16 hours;

(2)  emergency operations at sea, for a duration of 20 hours;

(3)  responsible fishing, 2 courses from a selection of 10, for a duration of 15 hours each;

(4)  organization and team work, for a duration of 15 hours;

(5)  preservation and on-board handling of fish, for a duration of 20 hours;

(6)  fisheries technology, for a duration of 40 hours;

(7)  rules of the road, for a duration of 30 hours;

(8)  radio communications, for a duration of 15 hours.

A person shall enjoy a qualification equivalent to that required in subparagraph a of paragraph 2 of section 8 if the person is at least 24 years of age, intends to become an assistant fisher and includes with his or her application written confirmation or a cumulative report from a competent school authority confirming that the person has successfully completed a training course of at least 630 hours pertaining to emergency situations at sea, net mending, rigging of fixed or mobile gear, the introduction to the trade of assistant fisher, the preparation for a fishing trip, the habitats and ways of life of marine organisms, rules of the road, means of communication and the handling and preservation of products as part of a training program recognized by the Ministère de l’Éducation du Québec, offered by one of the centres or institutions referred to in paragraph 2 of section 4 and leading to the issue of a professional fishery studies diploma.

O.C. 944-2001, s. 9; O.C. 819-2009, s. 1.