CHAPTER 44. An Act respecting the Department of Marine and Fisheries. 1. This Act may be cited as the Department of Marine and Short title. Fisheries Act. 2. In this Act, unless the context otherwise requires,- Definitions. stituted. 3. There shall be a department of the Government of Canada Departwhich shall be called the Department of Marine and Fisheries, ment conover which the Minister of Marine and Fisheries for the time being, appointed by the Governor General by Commission under the Great Seal, shall preside. 2. The Minister shall hold office during pleasure and have Minister. the management and direction of the Department. 55-56 V., c. 17, s. 1. Minister. 4. The Governor in Council may appoint an officer who Deputy shall be called the Deputy Minister of Marine and Fisheries, who shall be the deputy head of the Department, and who shall hold office during pleasure. 2. The Governor in Council may also appoint such other Other officers as are necessary for the proper conduct of the business officers. of the Department, all of whom shall hold office during pleasure. 55-56 V., c. 17, s. 2. Minister. 5. The duties, powers and functions of the Minister shall Duties and extend and apply to the boards and other public bodies, officers powers of and other persons, and to the subjects, services and properties of the Crown, enumerated in the schedule to this Act, of which the Minister shall have the control, regulation, management an i supervision. 55-56 V., c. 17, s. 3. 6. The Governor in Council may at any time assign any May be of the duties and powers hereby vested in the Minister to the transferred. head of any other department; and from the time appointed for that purpose by order in council such duties and powers shall be vested in the head of such other department. 55-56 V., c. 17, s. 4. Tenders to be invited for works. And supplies. Security to be taken. Annual report. 7. The Minister shall invite tenders by public advertisement for the execution of all works, except in cases of pressing emergency in which delay would be injurious to the public interest, or where, from the nature of the work, it can be more expeditiously and economically executed by the officers and servants of the Department. 2. The Minister shall also in like manner invite tenders for all contracts for supplies. 55-56 V., c. 17, s. 5. 8. The Minister, whenever any public work is being carried out by contract under his direction, shall take all reasonable care that good and sufficient security is given to and in the name of His Majesty for the due performance of the work, within the amount and time specified for its completion; and whenever it seems to the Minister inexpedient to let such work to the lowest tenderer, he shall so report, and he shall obtain the authority of the Governor in Council previous to passing by such lowest tenderer. 55-56 V., c. 17, s. 6. 9. The Minister shall make and submit to the Governor General an annual report on all the works under his control, to be laid before both Houses of Parliament within fifteen days. from the commencement of each session, showing the state of each work and the amount received and expended in respect thereof, with such other information as is requisite. 55-56 V., c. 17, s. 7. SCHEDULE. 1. Pilots and pilotage, and decayed pilots' fund. 2. The construction and maintenance of lighthouses, lightships, fog-alarms, buoys and beacons. 3. Ports and harbours, harbour commissioners and harbour masters. 4. Piers, wharfs and breakwaters, the collection of tolls in connection therewith, and the minor repairs on such properties. 5. Steamships and vessels belonging to the Government of Canada engaged in connection with services administered by the Minister. 6. Sick and distressed seamen, and the establishment, regulation and maintenance of marine and seamen's hospitals. 7. River and harbour police. 8. Humane establishments. 9. Life-boat service, and rewards for saving life. 10. Inquiries into causes of shipwrecks and casualties, and the collection of wreck statistics. 11. Inspection of steamboats, examination of engineers, and inquiry into accidents to steamers and the conduct of engineers. 12. Examination of masters and mates. 13. Registration and measurement of shipping, and preparation of returns of registered shipping of Canada. 14. Meteorological and magnetic services. 15. Tidal observations on the coasts of Canada. 16. Climatology of Canada. 17. Inspection of vessels carrying live stock from Canada to Europe.. 18. Shipping of seamen, shipping masters, and shipping offices. 19. Winter communication between Prince Edward Island and the mainland by steamer and ice boats. 20. Hydrographic surveys. 21. Administration of deck-load law, and the subject of deck and load lines. 22. Removal of wrecks and other obstructions in navigable waters. 23. Sea coast and inland fisheries, the management, regulation and protection thereof, and everything relating thereto, and the payment of fishing bounties. 24. Generally all such matters as refer to the marine and fisheries of Canada. 25. Any other duty or power assigned to the Minister by the Governor in Council. 55-56 V., c. 17, sch. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 713 CHAPTER 45. An Act respecting Fisheries and Fishing. SHORT TITLE. 1. This Act may be cited as the Fisheries Act. R.S., c. 95, Short title. s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires, the Minister." expression Minister' means the Minister of Marine and Fisheries. APPLICATION. 3. Shell-fish fisheries shall be subject to the provisions of Shell-fish this Act, and any regulations made under it. R.S., c. 95, s. 21. fisheries. affected. 4. Nothing in this Act contained shall be taken to authorize Provincial the grant of fishery leases conferring an exclusive right to fish rights not in property belonging not to the Dominion but to some province thereof. take spawn. 5. Nothing in this Act contained shall preclude the grant- Licenses to ing by the Minister of written permission to obtain fish and fish spawn for purposes of stocking or artificial breeding or for scientific purposes. R.E., c. 95, s. 21. FISHERY OFFICERS. officers. 6. The Governor in Council may appoint fishery officers Appointment whose powers and duties shall be as defined by this Act and of fishery the regulations made under it, and by instructions from the Department of Marine and Fisheries. justices of 2. Every such officer, who is authorized by the Governor in Fishery Council to exercise the powers of a justice of the peace, shall officers are for all the purposes of this Act and the regulations made under the peace. it, be ex officio a justice of the peace, within the district for which he is appointed to act as such fishery officer. R.S., c. 95, s. 2. 7. Every fishery officer shall take and subscribe an oath Oath of in the form following, that is to say:715 office. 'I, |