Canada — Quebec Act or statute

Canada — Quebec legislation

The Marine Products Processing Act, 1987

This section defines “marine product” for the Act, unless the context indicates a different meaning.

Source excerpt

acquirer's permitacquisitioncanningcompliancecompliance reportingconfiscationcooperation with inspectordefinitionsevidence disposalfeesfinesfishermanfood and marine products regulationguaranteeinspectioninspection complianceintermediationjudicial applicationmarine product processing standardsmarine productsmarine products distributionmarine products processingministerial standardsoperatorpermit applicationpermit compliancepermit conditionspermitspossessionpresumption of intentproperty occupancyproperty returnprosecution procedurerecord inspectionrecordkeepingregulated establishmentsregulatory complianceregulatory exemptionregulatory filingrenewalresalerestaurantsrestaurateurretailretailersale/distribution of marine productssecurityseizureseizure recordsseizure releasesolvency prooftransfertransport documentationvehicle inspectionvehicle usevicarious liability

Jurisdiction: Canada — Quebec
Structure: 56 provisions
Official identity: Year 1987
Dates: Enacted 1987 · Source version 10 Jun 2026

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Dates: Enacted 1987 · Source version 10 Jun 2026

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“This section defines “marine product” for the Act, unless the context indicates a different meaning.”

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Enacted 1987 · Source version 10 Jun 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Section 1

This section defines “marine product” for the Act, unless the context indicates a different meaning.

Section 1

Section 15

The Minister must issue the permit if the applicant meets the prescribed conditions and pays the required duties.

Section 15

Section 29

Section 29 is repealed.

Section 29

Section 42

A seized marine product or object with an unknown or untraceable owner must be transferred to the Minister of Revenue within 90 days, together with a descriptive statement.

Section 42

Schedule

This provision repeals chapter 51 of the 1987 statutes, except section 55.

Schedule

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Source record from www.legisquebec.gouv.qc.ca · Enacted 1987 · Source version 10 Jun 2026

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Showing 56 of 56 provisions

Provision 37Offence 9Repeal 9Substitution

§ 1Section 1Provision

Source excerpt

This section defines “marine product” for the Act, unless the context indicates a different meaning.

1. In this Act, unless the context indicates a different meaning, “marine product” means any fish, shellfish or crustacean able to live in a marine environment and any echinoderm, including parts of such animals and the products or by-products derived therefrom. 1987, c. 51, s. 1.

Section 1Verify source

§ 2Section 2Provision

Source excerpt

This Act does not apply to marine products prepared or canned under minimum processing standards set by regulation of the Minister.

2. This Act does not apply to any marine product prepared or canned in accordance with minimum processing standards prescribed by regulation of the Minister. 1987, c. 51, s. 2.

Section 2Verify source

§ 3Section 3Provision

Source excerpt

This section defines who counts as a “restaurateur” and who counts as an “operator” for the Act.

3. For the purposes of this Act, every person who, for remuneration, serves or sells meals or refreshments for consumption, every operator of a teaching establishment or of any establishment governed by the Act respecting the governance of the health and social services system (chapter G-1.021), the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2), the Act respecting health services and social services for Cree Native persons (chapter S-5), the Act respecting the Québec correctional system (chapter S-40.1), the Government and any department or agency of the Government is a restaurateur. For the purposes of this Act, every person who operates a processing factory or a packing-house for the purposes of sale at wholesale, by that person or the person retaining his services for remuneration, of marine products intended for human consumption and who holds a permit under subparagraph e of the first paragraph of section 9 of the Food Products Act (chapter P-29) is an operator. 1987, c. 51, s. 3; 1991, c. 43, s. 22; 1992, c. 21, s. 356; 1994, c. 23, s. 23; 1997, c. 75, s. 55; 1999, c. 40, s. 320; 2000, c. 26, s. 67; 2002, c. 24, s. 204; 2023, c. 34, s. 1428.

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§ 4Section 4Provision

Source excerpt

A fisherman may transfer, deliver, or transmit marine products only to an operator, a holder of an acquirer’s permit, a restaurateur, a retailer, or a consumer.

4. A fisherman shall transfer, deliver or transmit marine products to no person other than an operator, the holder of an acquirer’s permit, a restaurateur, a retailer or a consumer. 1987, c. 51, s. 4.

Section 4Verify source

§ 5Section 5Provision

Source excerpt

Only operators, permit holders, restaurateurs, or retailers may acquire marine products from a fisherman, or cause a fisherman to deliver or transmit them, for resale.

5. No person other than an operator, the holder of an acquirer’s permit, a restaurateur or a retailer may acquire from a fisherman or cause a fisherman to deliver or transmit to him marine products for resale. 1987, c. 51, s. 5.

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§ 6Section 6Provision

Source excerpt

Only an operator, an acquirer’s permit holder, a restaurateur, or a retailer may act as intermediary for the acquisition or transfer of marine products.

6. No person other than an operator, the holder of an acquirer’s permit, a restaurateur or a retailer may serve as intermediary for the acquisition or transfer of marine products. 1987, c. 51, s. 6.

Section 6Verify source

§ 7Section 7Provision

Source excerpt

An operator must not acquire marine products from anyone except a fisherman, another operator, or the holder of an acquirer’s permit, and must not cause them to be delivered or transmitted except by one of those persons.

7. An operator shall not acquire marine products from any person other than a fisherman, another operator or the holder of an acquirer’s permit nor cause them to be delivered or transmitted to him except by such a person. 1987, c. 51, s. 7.

Section 7Verify source

§ 8Section 8Provision

Source excerpt

An acquirer’s permit holder may transfer, deliver, or transmit marine products only to specified recipients.

8. The holder of an acquirer’s permit shall transfer, deliver or transmit marine products to no person other than an operator, another holder of an acquirer’s permit, a restaurateur, a retailer or a consumer. 1987, c. 51, s. 8.

Section 8Verify source

§ 9Section 9Provision

Source excerpt

An operator may transfer, deliver, or transmit marine products only to another operator, an acquirer’s permit holder, a restaurateur, a retailer, or a consumer.

9. An operator shall transfer, deliver or transmit marine products to no person other than another operator, the holder of an acquirer’s permit, a restaurateur, a retailer or a consumer. 1987, c. 51, s. 9.

Section 9Verify source

§ 10Section 10Provision

Source excerpt

A retailer may only transfer, deliver, or transmit marine products to a consumer unless the retailer holds an acquirer’s permit.

10. A retailer, unless he is the holder of an acquirer’s permit, shall transfer, deliver or transmit marine products to no person other than a consumer. 1987, c. 51, s. 10.

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§ 11Section 11Provision

Source excerpt

A person may not transport marine products unless the bill of lading includes the information required by regulation.

11. No person may transport marine products without a bill of lading indicating the information prescribed by regulation. 1987, c. 51, s. 11; 1999, c. 40, s. 320.

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§ 12Section 12Provision

Source excerpt

An operator preparing or canning marine products must comply with minimum processing standards set by regulation of the Minister.

12. In preparing or canning marine products, every operator shall comply with minimum processing standards prescribed by regulation of the Minister, which may vary according to the marine products. 1987, c. 51, s. 12.

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§ 13Section 13Provision

Source excerpt

A holder of an acquirer’s permit must use and provide the Minister with the prescribed books, accounts, registers, and other documents when carrying on activities.

13. Every holder of an acquirer’s permit shall, in carrying on his activities, use and provide the Minister with the books, accounts, registers and other documents prescribed by regulation. 1987, c. 51, s. 13.

Section 13Verify source

§ 14Section 14Provision

Source excerpt

An acquirer’s permit application must be filed with the Minister in the prescribed form and include the prescribed documents.

14. Applications for an acquirer’s permit must be filed with the Minister in the form prescribed by regulation and accompanied with the documents prescribed therein. The application shall be accompanied with a security, proof of the person’s solvency or a guarantee in such amount and in accordance with the terms and conditions prescribed by regulation. 1987, c. 51, s. 14.

Section 14Verify source

§ 15Section 15Provision

Source excerpt

The Minister must issue the permit if the applicant meets the prescribed conditions and pays the required duties.

15. Where the applicant fulfils the conditions prescribed by regulation and pays the duties fixed therein, the Minister shall issue the permit. The Minister may refuse to issue a permit for reasons of public interest, after advising the applicant, as prescribed by section 5 of the Act respecting administrative justice (chapter J-3), and giving him the opportunity to present observations. 1987, c. 51, s. 15; 1997, c. 43, s. 779.

Section 15Verify source

§ 16Section 16Provision

Source excerpt

A permit holder must comply with any condition, restriction, or prohibition set by the Minister and shown on the permit.

16. The holder of a permit shall comply with any condition, restriction or prohibition determined by the Minister and indicated on the permit. 1987, c. 51, s. 16.

Section 16Verify source

§ 17Section 17Provision

Source excerpt

17. The term of a permit is 12 months unless the Minister prescribes a shorter term. A permit is renewable on the conditions and upon payment of the duties prescribed by regulation. 1987, c. 51, s. 17.

Section 17Verify source

§ 18Section 18Provision

Source excerpt

18. Permits are unassignable. 1987, c. 51, s. 18.

Section 18Verify source

§ 19Section 19Offence

Source excerpt

19. The Minister, after notifying the holder of a permit in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allowing him at least 10 days to present observations, may suspend, cancel or refuse to renew his permit where he (1) fails or ceases to comply with the conditions prescribed by regulation for the issue or renewal of the permit, as the case may be; (2) fails to comply with the terms and conditions, restrictions or prohibitions indicated on the permit; (3) is found guilty of an offence under this Act or the regulations thereunder for which he has not been pardoned. 1987, c. 51, s. 19; 1997, c. 43, s. 780.

Section 19Verify source

§ 20Section 20Provision

Source excerpt

The Minister must give reasons for the decision, notify the affected person in writing, and—if public interest is relied on—state the nature of that reason.

20. The Minister’s decision must give reasons and the person whom it concerns shall be notified in writing. If the Minister invokes the public interest as a reason for his decision, he shall indicate the nature of the reason. 1987, c. 51, s. 20.

Section 20Verify source

§ 21Section 21Provision

Source excerpt

21. The cancellation or suspension of a permit has effect from the date on which the holder receives the decision. 1987, c. 51, s. 21.

Section 21Verify source

§ 22Section 22Substitution

Source excerpt

A refused, suspended, cancelled, or non-renewed permit applicant may contest the Minister’s decision before the Administrative Tribunal of Québec within 30 days of notification.

22. Any decision of the Minister may be contested before the Administrative Tribunal of Québec within 30 days of notification, by any person whose permit application has been refused or any person whose permit has been suspended, cancelled or not renewed. When assessing the facts or the law, the Tribunal may not substitute its assessment of the public interest for the assessment thereof made by the Minister before making his decision. 1987, c. 51, s. 22; 1988, c. 21, s. 66; 1997, c. 43, s. 782.

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§ 23Section 23Repeal

Source excerpt

Section 23 is repealed.

23. (Repealed). 1987, c. 51, s. 23; 1988, c. 21, s. 66; 1997, c. 43, s. 783.

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§ 24Section 24Repeal

Source excerpt

Section 24 is repealed.

24. (Repealed). 1987, c. 51, s. 24; 1988, c. 21, s. 66; 1997, c. 43, s. 783.

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§ 25Section 25Repeal

Source excerpt

Section 25 is repealed.

25. (Repealed). 1987, c. 51, s. 25; 1997, c. 43, s. 783.

Section 25Verify source

§ 26Section 26Repeal

Source excerpt

Section 26 is repealed.

26. (Repealed). 1987, c. 51, s. 26; 1997, c. 43, s. 783.

Section 26Verify source

§ 27Section 27Repeal

Source excerpt

Section 27 is repealed.

27. (Repealed). 1987, c. 51, s. 27; 1997, c. 43, s. 783.

Section 27Verify source

§ 28Section 28Repeal

Source excerpt

Section 28 is repealed.

28. (Repealed). 1987, c. 51, s. 28; 1988, c. 21, s. 66; 1997, c. 43, s. 783.

Section 28Verify source

§ 29Section 29Repeal

Source excerpt

Section 29 is repealed.

29. (Repealed). 1987, c. 51, s. 29; 1988, c. 21, s. 66; 1997, c. 43, s. 783.

Section 29Verify source

§ 30Section 30Provision

Source excerpt

30. Every person authorized by the Minister to act as an inspector or analyst for the purposes of this Act who believes, on reasonable grounds, that there is a marine product or other object to which this Act applies in premises where a marine product is prepared, packed, processed, packaged, stored, unloaded, offered for sale or sold, or kept for sale, transfer, delivery, transmission or shipping may, in the performance of his duties, (1) enter such premises at any reasonable time; (2) inspect the premises and any marine product or other object to which this Act applies and take samples free of charge; (3) stop any vehicle in which marine products are transported and inspect the vehicle and marine products; (4) take photographs of the marine products, object or premises; (5) require communication of any book, bill of lading or other document or record if he believes, on reasonable grounds, that it contains information relevant to the administration of this Act or the regulations, for examination, reproduction or the obtaining of extracts. 1987, c. 51, s. 30; 1999, c. 40, s. 320.

Section 30Verify source

§ 31Section 31Provision

Source excerpt

People in charge of inspected vehicles or premises, and anyone there, must help an inspector or analyst. The inspector or analyst must identify themselves and show a certificate signed by the Minister when asked.

31. The owner or person in charge of a vehicle or premises subject to inspection and any person therein shall lend assistance to an inspector or analyst in the performance of his duties. The inspector or analyst shall, on request, identify himself and produce a certificate of his capacity signed by the Minister. 1987, c. 51, s. 31.

Section 31Verify source

§ 32Section 32Provision

Source excerpt

A person must not hinder an inspector or analyst, mislead them with false statements, or refuse information they are entitled to obtain under the Act.

32. It is forbidden to hinder in any manner the work of an inspector or analyst in the performance of his duties, to mislead him by false statements or to refuse to provide him with information that he is entitled to obtain under this Act. 1987, c. 51, s. 32.

Section 32Verify source

§ 33Section 33Provision

Source excerpt

An inspector or analyst cannot be prosecuted for acts done in good faith while performing duties.

33. No inspector or analyst may be prosecuted for acts done in good faith in the performance of his duties. 1987, c. 51, s. 33.

Section 33Verify source

§ 34Section 34Offence

Source excerpt

An inspector may seize a marine product or other object covered by the Act if there are reasonable grounds to believe an offence was committed in relation to or by means of it.

34. Every inspector may seize a marine product or other object to which this Act applies if he believes, on reasonable grounds, that an offence under this Act or the regulations has been committed in relation to or by means of such product. 1987, c. 51, s. 34.

Section 34Verify source

§ 35Section 35Provision

Source excerpt

An inspector who makes a seizure under section 34 must prepare a report with the seizure details and identifying information listed in the section.

35. Every inspector who makes a seizure under section 34 shall prepare a report setting forth (1) the date, time and place of the seizure; (2) the circumstances of and grounds for the seizure; (3) the description of the marine product or object seized; (4) the name of the person from whom the marine product or object was seized; (5) any information allowing identification of the owner or person who had possession of the marine product or object seized; (6) the identity and capacity of the seizor. 1987, c. 51, s. 35.

Section 35Verify source

§ 36Section 36Provision

Source excerpt

A copy of the report, and a sealed sample if needed, must be remitted to the person from whom the marine product or object was seized.

36. A copy of the report and, where samples are taken, a sealed sample, if necessary, shall be remitted to the person from whom the marine product or object was physically seized. 1987, c. 51, s. 36.

Section 36Verify source

§ 37Section 37Provision

Source excerpt

The inspector must immediately send the Minister a written report for each seizure made.

37. The inspector shall immediately transmit a report in writing to the Minister of every seizure he makes. 1987, c. 51, s. 37.

Section 37Verify source

§ 38Section 38Provision

Source excerpt

38. The owner or person who had possession of the marine product or object seized shall have custody thereof. Every inspector may, however, if he considers it advisable, remove it to other premises for purposes of safekeeping. In addition, the custodian shall have custody of the things seized and submitted in evidence, unless the judge to whom they were submitted in evidence decides otherwise. The marine product or object seized shall be detained until a decision is made under sections 40, 41, 42 and 44 or, if proceedings are instituted, until a judge has decided by judgment. 1987, c. 51, s. 38; 1992, c. 61, s. 601.

Section 38Verify source

§ 39Section 39Provision

Source excerpt

A person may not use, remove, or allow removal of a seized marine product or object unless the inspector authorizes it.

39. No person may use, remove or allow the removal of a marine product or object seized unless authorized by the inspector. 1987, c. 51, s. 39.

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§ 40Section 40Offence

Source excerpt

A seized marine product or object must be returned to the owner or person who had possession of it after 90 days, unless proceedings have been started or the inspector decides earlier that no offence occurred or that the person has complied with the Act or regulations.

40. The marine product or object seized shall be returned to the owner or person who had possession of it (1) after the expiration of 90 days from the date of seizure, unless proceedings have been instituted; or (2) when the inspector is of opinion, after verification during that time, that no offence under this Act or the regulations has been committed or that the owner or person who had possession of the marine product or object seized has, since the seizure, complied with the conditions of this Act or the regulations. 1987, c. 51, s. 40.

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§ 41Section 41Provision

Source excerpt

The owner or possessor of a seized marine product or object may apply to a judge for release.

41. The owner or person who had possession of the marine product or object seized may apply to a judge to obtain its release. The application shall be served on the seizor or, if proceedings have been instituted, on the prosecutor. The judge shall grant the application if he is satisfied that the applicant will suffer serious or irreparable damage if detention of the seized product or object is maintained and its release will not hinder the course of justice. 1987, c. 51, s. 41; 1992, c. 61, s. 602.

Section 41Verify source

§ 42Section 42Provision

Source excerpt

A seized marine product or object with an unknown or untraceable owner must be transferred to the Minister of Revenue within 90 days, together with a descriptive statement.

42. Every marine product or object seized the owner or possessor of which is unknown or untraceable shall be transferred to the Minister of Revenue 90 days from the date of seizure, together with a statement describing the thing and indicating, where applicable, the name and last known address of the interested party. The Unclaimed Property Act (chapter B-5.1) applies to the property so transferred to the Minister of Revenue. 1987, c. 51, s. 42; 1997, c. 80, s. 77; 2005, c. 44, s. 54; 2011, c. 10, s. 98.

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§ 43Section 43Provision

Source excerpt

A judge may order detention prolonged for up to 90 days if the seizor applies.

43. A judge may, on the application of the seizor, order that the period of detention be prolonged for a maximum period of 90 days. 1987, c. 51, s. 43; 1992, c. 61, s. 602.

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§ 44Section 44Offence

Source excerpt

After a conviction for an offence under the Act or regulations, a judge may order confiscation of seized things if there was a section 34 seizure and either party applies; prior notice of the confiscation application must be given unless the parties are before the judge.

44. Upon pronouncing a conviction for an offence under a provision of this Act or the regulations thereunder, a judge may, on the application of either party and where a seizure has been made under section 34, order the confiscation of the things seized. Prior notice of the application for confiscation must be given to the person from whom the marine product or object was seized and to the other party, except where they are in the presence of the judge. The Minister shall prescribe the manner of disposing of the marine product or object confiscated under this section. 1987, c. 51, s. 44; 1992, c. 61, s. 603.

Section 44Verify source

§ 45Section 45Offence

Source excerpt

The Government may make regulations about bills of lading, permit documents, inspections, and related offences.

45. The Government may, by regulation, (1) indicate the information that must be contained in a bill of lading; (2) determine the books, accounts, registers and other documents that a permit holder must keep, the premises where he must keep them, the reports he must transmit to the Minister, the contents of the reports and the time at which he must file them; (3) prescribe the form of a permit application, the required accompanying documents, the fees payable and the conditions of issue and renewal of permits; (4) prescribe the amount and the terms and conditions relating to the security, the proof of the person’s solvency or the guarantee that must accompany an application for a permit; (5) prescribe the modalities of inspection, sampling or seizure and establish a model for the certificates or reports prepared by authorized persons; (6) prescribe that the contravention of a regulation made under this section or section 46 which it indicates constitutes an offence. 1987, c. 51, s. 45; 1999, c. 40, s. 320.

Section 45Verify source

§ 46Section 46Provision

Source excerpt

46. The Minister may, by regulation, prescribe the minimum processing standards with which an operator must comply for the preparation or canning of a marine product. The standards may vary according to the marine product. 1987, c. 51, s.

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§ 47Section 47Offence

Source excerpt

A person who contravenes certain listed provisions, specified regulation offences, or permit conditions commits an offence and may be fined.

47. Every person who contravenes a provision of sections 4 to 12, 31, 32, 38 and 39 or a provision of the regulations the contravention of which constitutes an offence under paragraph 6 of section 45 or a condition, restriction or prohibition specified on his permit is liable to a fine of $200 to $2,000 in the case of a natural person and of $500 to $5,000 in the case of a legal person. In the case of a second or subsequent conviction, the offender is liable to a fine of $1,000 to $10,000 in the case of a natural person and of $2,500 to $25,000 in the case of a legal person. 1987, c. 51, s. 47; 1990, c. 4, s. 862; 1999, c. 40, s. 320.

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§ 48Section 48Offence

Source excerpt

A person who encourages, advises, or orders another person to commit an offence can be guilty as if they committed it themselves, and may also be guilty of other offences committed as a consequence if they knew or should have known that result was likely.

48. Every person who, by his encouragement, advice or order, causes a person to commit an offence is guilty of the offence as if he had committed it himself and of any other offence committed by the other person as a consequence of the encouragement, advice or order if he knew or should have known that his encouragement, advice or order would likely result in the commission of the offences. 1987, c. 51, s. 48.

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§ 49Section 49Offence

Source excerpt

A person who helps commit an offence, by act or omission, is guilty as if they committed it themselves if they knew or should have known their conduct would likely assist the offence.

49. Every person who, by his act or omission, assists a person in committing an offence is guilty of the offence as if he had committed it himself if he knew or should have known that his act or omission would likely result in assisting the person in committing the offence. 1987, c. 51, s. 49.

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§ 50Section 50Repeal

Source excerpt

Section 50 is repealed.

50. (Repealed). 1987, c. 51, s. 50; 1990, c. 4, s. 863; 1992, c. 61, s. 604.

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§ 51Section 51Offence

Source excerpt

51. Every owner or lessee of a place where an offence under a provision of this Act is committed who authorizes or allows the commission of the offence therein is liable to a fine equal to that prescribed for the offence which he has authorized or allowed. Every owner or lessee of a motor vehicle who authorizes or allows the commission, by means of the vehicle, of an offence under a provision of sections 4 to 12, 31, 32, 38 and 39 is liable to a fine equal to that prescribed for the offence which he has authorized or allowed. In proceedings brought under the first or second paragraph, evidence that an offence under a provision of this Act was committed by a person in the employ of such owner or lessee shall be, in the absence of any evidence to the contrary, proof that the person committed the offence with the authorization or consent of the owner or lessee. 1987, c. 51, s. 51; 1990, c. 4, s. 864.

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§ 52Section 52Provision

Source excerpt

A person who possesses a marine product in a quantity greater than their own consumption needs is presumed, unless the contrary is shown, to intend it for sale.

52. In the absence of any evidence to the contrary, the person having possession of a marine product in a quantity exceeding his own consumption needs is presumed to intend it for sale. 1987, c. 51, s. 52.

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§ 53Section 53Provision

Source excerpt

The Government may wholly or partially exempt indicated classes of persons, marine products, objects, or activities from this Act or the regulations.

53. The Government may wholly or partially exempt any class of persons, marine products, objects or activities it indicates from the application of this Act or the regulations. 1987, c. 51, s. 53.

Section 53Verify source

§ 54Section 54Provision

Source excerpt

The Government must designate the minister responsible for administering this Act.

54. The Government shall designate the minister responsible for the administration of this Act. 1987, c. 51, s. 54. The Minister of Agriculture, Fisheries and Food is responsible for the administration of this Act. Order in Council 691-2020 dated 30 June 2020, (2020) 152 G.O. 2 (French), 3107.

Section 54Verify source

§ 55Section 55Provision

Source excerpt

55. (Omitted). 1987, c. 51, s. 55.

Section 55Verify source

§ —ScheduleRepeal

Source excerpt

This provision repeals chapter 51 of the 1987 statutes, except section 55.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 51 of the statutes of 1987, in force on 1 September 1987, is repealed, except section 55, effective from the coming into force of chapter T-11.01 of the Revised Statutes.

ScheduleVerify source

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Government is a restaurateur. For the purposes of this Act
Section 3
Minister. 2. This Act
Section 2

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The Marine Products Processing Act, 1987

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