This case involved a charge against an inshore cod fisherman for fishing during a closed time (see digest of earlier decision from this case in 1997). This case is a summary conviction appeal on the grounds that the Regional Director General improperly delegated his authority to sign a variation order closing the fishery.
After reviewing the authorities, and concluding that the closing of the fishery was a legislative act, the court upheld the validity of the delegation and denied the appeal. In doing so, the court referred to section 4 of the Atlantic Fishery Regulations and said as follows:
In my respectful view, in looking at the issue of delegation of the powers granted under the Act, a proper interpretation of its real purpose and object requires a reading into Section 4 of the Regulations after the words “a Regional Director-General” the words “or any person authorized by him or her” in the absence of a clear statutory intention to the contrary, which I do not find in the Act.