Fisheries Act -- CHAPTER F-14
********************************************************************************
* File: F-14.TXT
* Updated to: April 30, 2000
* Note: This consolidation is not an official version of the law. Also,
* because this file is text-only, it does not contain formatting or graphics.
********************************************************************************
Fisheries Act
CHAPTER F-14
An Act respecting fisheries
SHORT TITLE
Short title
1. This Act may be cited as the Fisheries Act.
R.S., c. F-14, s. 1.
INTERPRETATION
Definitions
2. In this Act,
"Canadian fisheries waters" «eaux de pêche canadiennes»
"Canadian fisheries waters" means all waters in the fishing zones of Canada, all
waters in the territorial sea of Canada and all internal waters of Canada;
"close time" «période d'interdiction» et «période de fermeture» ou «saison de
fermeture»
"close time" means a specified period during which fish to which it applies may
not be fished, and "closed time" or "closed season" has a similar meaning;
"fish" «poissons»
"fish" includes
(a) parts of fish,
(b) shellfish, crustaceans, marine animals and any parts of shellfish,
crustaceans or marine animals, and
(c) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish,
crustaceans and marine animals;
"fishery" «pêcherie»
"fishery" includes the area, locality, place or station in or on which a pound,
seine, net, weir or other fishing appliance is used, set, placed or located, and
the area, tract or stretch of water in or from which fish may be taken by the
said pound, seine, net, weir or other fishing appliance, and also the pound,
seine, net, weir, or other fishing appliance used in connection therewith;
"fishery guardian" «garde-pêche»
"fishery guardian" means a person who is designated as a fishery guardian
pursuant to subsection 5(1);
"fishery officer" «agent des pêches»
"fishery officer" means a person who is designated as a fishery officer pursuant
to subsection 5(1);
"fishing" «pêche»
"fishing" means fishing for, catching or attempting to catch fish by any method;
"fishing vessel" «bateau de pêche»
"fishing vessel" means any vessel used, outfitted or designed for the purpose of
catching, processing or transporting fish;
"inspector" «inspecteur»
"inspector" means a person who is designated as an inspector pursuant to
subsection 38(1);
"lawful excuse" [Repealed, 1991, c. 1, s. 1]
"Minister" «ministre»
"Minister" means the Minister of Fisheries and Oceans or, in respect of any
matter related to the Northern Pipeline referred to in the Northern Pipeline
Act, the member of the Queen's Privy Council for Canada designated as the
Minister for the purposes of that Act;
"obstruction" «obstacle»
"obstruction" means any slide, dam or other obstruction impeding the free
passage of fish;
"vehicle" «véhicule»
"vehicle" means any conveyance that may be used for transportation, including
aircraft.
R.S., 1985, c. F-14, s. 2; R.S., 1985, c. 35 (1st Supp.), ss. 1, 5; 1991, c. 1,
s. 1.
PURPOSES
2.1 [Repealed, R.S., 1985, c. 35 (1st Supp.), s. 6]
APPLICATION
Provincial rights not affected
3. (1) Nothing in this Act shall be taken to authorize the granting of fishery
leases that confer an exclusive right to fish in property belonging to a
province.
Application of Act to Her Majesty
(2) This Act is binding on Her Majesty in right of Canada or a province.
R.S., c. F-14, s. 3; R.S., c. 17(1st Supp.), s. 9.
Licences to take spawn
4. Nothing in this Act precludes the granting by the Minister of written
permission to obtain fish for purposes of stocking or artificial breeding or for
scientific purposes.
R.S., c. F-14, s. 4.
FISHERY OFFICERS AND FISHERY GUARDIANS
Designation
5. (1) The Minister may designate any persons or classes of persons as fishery
officers or fishery guardians for the purposes of this Act and may limit in any
manner the Minister considers appropriate the powers that a fishery officer or
fishery guardian may exercise under this Act or any other Act of Parliament.
Certificate of designation
(2) Each fishery officer and fishery guardian shall be provided with a
certificate in a form the Minister considers appropriate certifying their
designation as such and, where the powers of a fishery officer or fishery
guardian are limited pursuant to subsection (1), specifying the powers that the
officer or guardian may exercise under this Act or any other Act of Parliament.
Presentation of certificate
(3) On entering any place under this Act or any other Act of Parliament, a
fishery officer or fishery guardian shall, on request, show the certificate of
designation to the person in charge of the place.
R.S., 1985, c. F-14, s. 5; 1991, c. 1, s. 2.
6. [Repealed, 1991, c. 1, s. 2]
FISHERY LEASES AND LICENCES
Fishery leases and licences
7. (1) Subject to subsection (2), the Minister may, in his absolute discretion,
wherever the exclusive right of fishing does not already exist by law, issue or
authorize to be issued leases and licences for fisheries or fishing, wherever
situated or carried on.
Idem
(2) Except as otherwise provided in this Act, leases or licences for any term
exceeding nine years shall be issued only under the authority of the Governor in
Council.
R.S., c. F-14, s. 7.
Fees
8. Except where licence fees are prescribed in this Act, the Governor in Council
may prescribe the fees that are to be charged for fishery or fishing licences.
R.S., c. F-14, s. 8.
Minister may cancel licence
9. The Minister may suspend or cancel any lease or licence issued under the
authority of this Act, if
(a) the Minister has ascertained that the operations under the lease or licence
were not conducted in conformity with its provisions; and
(b) no proceedings under this Act have been commenced with respect to the
operations under the lease or licence.
R.S., 1985, c. F-14, s. 9; R.S., 1985, c. 31 (1st Supp.), s. 95.
10. to 16. [Repealed, 1991, c. 1, s. 3]
LOBSTER FISHERIES
17. [Repealed, 1991, c. 1, s. 4]
Licences for lobster pounds
18. (1) No one shall maintain a pound or enclosure in which lobsters, legally
caught during the open season, are retained for sale during the close season at
a place where the pound or enclosure is located, or for export therefrom, except
under a licence from the Minister, and no lobsters shall be taken from any such
pound or enclosure and disposed of during the close season at the place where it
is located, except under a certificate from a fishery officer or fishery
guardian, setting out the pound or enclosure from which the lobsters were taken
and that they had been legally caught during the open season.
Marking of pounds
(2) Each pound or enclosure referred to in subsection (1) shall be marked with
the name of the licensee and the number of his licence, and the marking shall be
in black on a white ground, with letters and figures that are at least six
inches in height.
Fee
(3) The annual fee for a licence referred to in subsection (1) shall be
seventy-five dollars.
R.S., c. F-14, s. 18.
19. [Repealed, 1991, c. 1, s. 5]
CONSTRUCTION OF FISH-WAYS
Fish-ways to be made as Minister directs
20. (1) Every obstruction across or in any stream where the Minister determines
it to be necessary for the public interest that a fish-pass should exist shall
be provided by the owner or occupier with a durable and efficient fish-way or
canal around the obstruction, which shall be maintained in a good and effective
condition by the owner or occupier, in such place and of such form and capacity
as will in the opinion of the Minister satisfactorily permit the free passage of
fish through it.
Idem
(2) Where it is determined by the Minister in any case that the provision of an
efficient fish-way or canal around the obstruction is not feasible, or that the
spawning areas above the obstruction are destroyed, the Minister may require the
owner or occupier of the obstruction to pay to him from time to time such sum or
sums of money as he may require to construct, operate and maintain such complete
fish hatchery establishment as will in his opinion meet the requirements for
maintaining the annual return of migratory fish.
Place, form, etc.
(3) The place, form and capacity of the fish-way or canal to be provided
pursuant to subsection (1) must be approved by the Minister before construction
thereof is begun and, immediately after the fish-way is completed and in
operation, the owner or occupier of any obstruction shall make such changes and
adjustments at his own cost as will in the opinion of the Minister be necessary
for its efficient operation under actual working conditions.
To be kept open
(4) The owner or occupier of every fish-way or canal shall keep it open and
unobstructed and shall keep it supplied with such sufficient quantity of water
as the Minister considers necessary to enable the fish frequenting the waters in
which the fish-way or canal is placed to pass through it during such times as
are specified by any fishery officer, and, where leaks in a dam cause a fish-way
therein to be inefficient, the Minister may require the owner or occupier of the
dam to prevent the leaks therein.
R.S., c. F-14, s. 20.
Minister may authorize payment of one-half of expense
21. (1) The Minister may authorize the payment of one-half of the expense
incurred by an owner or occupier in constructing and maintaining any fish-way or
canal and, after a fish-way or canal that has been duly approved by the Minister
has been built at the cost of the owner or occupier of any obstruction, or after
the owner or occupier has paid one-half the cost thereof and the fish-way or
canal thereafter proves to be ineffective, the total cost of any change in the
fish-way or canal or any new fish-way or canal required to enable the fish to
pass by the obstruction shall, except as provided in subsection 20(3), be paid
by Her Majesty.
May construct and recover the cost in certain cases
(2) The Minister, in order to procure the construction of any fish-way or canal,
pending proceedings against any owner or occupier for the punishment imposed by
this Act, may make and complete the construction forthwith, and may authorize
any person to enter on the premises with the necessary workmen, means and
materials for that purpose and may recover from the owner or occupier the whole
expense so incurred by action in the name of Her Majesty.
May remove or destroy after notice
(3) Where an unused obstruction or a thing detrimental to fish exists and the
owner or occupier thereof does not after notice given by the Minister remove it,
or if the owner is not resident in Canada, or his exact place of residence is
unknown to the Minister, the Minister may, without being liable to damages, or
in any way to indemnify the owner or occupier, cause the obstruction or thing
detrimental to fish to be removed or destroyed and, where notice has been given
to the owner or occupier, may recover from the owner or occupier the expense of
the removal or destruction.
Minister may require fish stops or diverters
(4) The Minister may require the owner or occupier of any obstruction to install
and maintain such fish stops or diverters, both above and below the obstruction,
as will in his opinion be adequate to prevent the destruction of fish or to
assist in providing for their ascent.
R.S., c. F-14, s. 20.
Water for the descent of fish
22. (1) At every obstruction, where the Minister determines it to be necessary,
the owner or occupier thereof shall, when required by the Minister, provide a
sufficient flow of water over the spill-way or crest, with connecting sluices
into the river below, to permit the safe and unimpeded descent of fish.
Protection during construction
(2) The owner or occupier of any obstruction shall make such provision as the
Minister determines to be necessary for the free passage of both ascending and
descending migratory fish during the period of construction thereof.
Sufficient water for river bed below dam
(3) The owner or occupier of any obstruction shall permit the escape into the
river-bed below the obstruction of such quantity of water, at all times, as
will, in the opinion of the Minister, be sufficient for the safety of fish and
for the flooding of the spawning grounds to such depth as will, in the opinion
of the Minister, be necessary for the safety of the ova deposited thereon.
R.S., c. F-14, s. 20.
GENERAL PROHIBITIONS
Fishing in limits leased to another prohibited
23. No one shall fish for, take, catch or kill fish in any water, along any
beach or within any fishery described in any lease or licence, or place, use,
draw or set therein any fishing gear or apparatus, except by permission of the
occupant under the lease or licence for the time being, or shall disturb or
injure any such fishery.
R.S., c. F-14, s. 21.
Seines, nets, etc., not to obstruct navigation
24. Seines, nets or other fishing apparatus shall not be set or used in such
manner or in such place as to obstruct the navigation of boats and vessels and
no boats or vessels shall destroy or wantonly injure in any way seines, nets or
other fishing apparatus lawfully set.
R.S., c. F-14, s. 22.
Setting gear during close time
25. (1) Subject to the regulations, no person shall place or set any fishing
gear or apparatus in any water, along any beach or within any fishery during a
close time.
Removal of gear
(2) Subject to the regulations and subsection (3), any person who places or sets
any fishing gear or apparatus in any water, along any beach or within any
fishery shall remove it when the gear or apparatus is not being tended and prior
to the commencement of a close time.
Officer's discretion
(3) A fishery officer may permit fishing gear or apparatus to remain in the
water, along a beach or within a fishery after the commencement of a close time
for any period the fishery officer considers necessary to permit the removal of
the gear or apparatus.
R.S., 1985, c. F-14, s. 25; 1991, c. 1, s. 6.
Main channel not to be obstructed
26. (1) One-third of the width of any river or stream and not less than
two-thirds of the width of the main channel at low tide in every tidal stream
shall be always left open, and no kind of net or other fishing apparatus, logs
or any material of any kind shall be used or placed therein.
(2) [Repealed, 1991, c. 1, s. 7]
Devices to prevent escape of fish
(3) The Minister may authorize the placing and maintaining of barriers, screens
or other obstructions in streams to prevent the escape of fish held for fish
breeding purposes or any other purpose that the Minister deems in the public
interest, and no person shall injure any such barrier, screen or other
obstruction.
R.S., 1985, c. F-14, s. 26; 1991, c. 1, s. 7.
Fish-ways and canals
27. No one shall
(a) damage or obstruct any fish-way or canal built, constructed or used to
enable fish to pass over or around any obstruction;
(b) do anything to stop, impede or hinder fish from entering or passing the
fish-way or canal or to stop, impede or hinder fish from surmounting any
obstacle or leap; or
(c) fish in any manner within twenty-five yards downstream from the lower
entrance to any fish-way, canal, obstacle or leap.
R.S., c. F-14, s. 25.
Use of explosives prohibited
28. No one shall hunt or kill fish or marine animals of any kind, other than
porpoises, whales, walruses, sea-lions and hair seals, by means of rockets,
explosive materials, explosive projectiles or shells.
R.S., c. F-14, s. 26.
Nets, weirs, etc., not to obstruct passage of fish
29. (1) No one shall erect, use or maintain in any of the Canadian fisheries
waters, whether subject to any exclusive right of fishery or not, any net, weir
or other device that unduly obstructs the passage of fish.
Removal
(2) The Minister or a fishery officer may order the removal of or remove any
net, weir or other device that, in the opinion of the Minister or fishery
officer, unduly obstructs the passage of fish.
R.S., c. F-14, s. 27.
Fish guards only where Minister deems necessary
30. (1) Every water intake, ditch, channel or canal in Canada constructed or
adapted for conducting water from any Canadian fisheries waters for irrigating,
manufacturing, power generation, domestic or other purposes shall, if the
Minister deems it necessary in the public interest, be provided at its entrance
or intake with a fish guard or a screen, covering or netting so fixed as to
prevent the passage of fish from any Canadian fisheries waters into the water
intake, ditch, channel or canal.
Structure of fish guards
(2) The fish guard, screen, covering or netting referred to in subsection (1)
shall
(a) have meshes or holes of such dimensions as the Minister may prescribe; and
(b) be built and maintained by the owner or occupier of the water intake, ditch,
channel or canal referred to in subsection (1), subject to the approval of the
Minister or of such officer as the Minister may appoint to examine it.
Duty of owner to keep in repair
(3) The owner or occupier of the water intake, ditch, channel or canal referred
to in subsection (1) shall maintain the fish guard, screen, covering or netting
referred to in that subsection in a good and efficient state of repair and shall
not permit its removal except for renewal or repair.
Removal
(4) During the time in which a renewal or repair referred to in subsection (1)
is being effected, the sluice or gate at the intake or entrance of the water
intake, ditch, channel or canal shall be closed in order to prevent the passage
of fish into the water intake, ditch, channel or canal.
R.S., c. F-14, s. 28; 1976-77, c. 35, s. 4.
Permit required
31. (1) No one shall catch, fish for, take, buy, sell, possess or export any
fish for the purposes of converting it into fish meal, manure, guano or
fertilizer, or for the manufacture or conversion of the fish into oil, fish meal
or manure or other fertilizing product, except under authority of the Minister.
Exception by Minister
(2) The Minister may, by notice published in the Canada Gazette, except any kind
or kinds of fish from the operation of all or any part of subsection (1).
R.S., c. F-14, s. 29.
Destruction of fish
32. No person shall destroy fish by any means other than fishing except as
authorized by the Minister or under regulations made by the Governor in Council
under this Act.
R.S., c. F-14, s. 30; 1976-77, c. 35, s. 5.
Unlawful sale or possession
33. No person shall purchase, sell or possess any fish that has been caught in
contravention of this Act or the regulations.
R.S., 1985, c. F-14, s. 33; 1991, c. 1, s. 8.
FISH HABITAT PROTECTION AND POLLUTION PREVENTION
Definitions
34. (1) For the purposes of sections 35 to 43,
"deleterious substance" «substance nocive»
"deleterious substance" means
(a) any substance that, if added to any water, would degrade or alter or form
part of a process of degradation or alteration of the quality of that water so
that it is rendered or is likely to be rendered deleterious to fish or fish
habitat or to the use by man of fish that frequent that water, or
(b) any water that contains a substance in such quantity or concentration, or
that has been so treated, processed or changed, by heat or other means, from a
natural state that it would, if added to any other water, degrade or alter or
form part of a process of degradation or alteration of the quality of that water
so that it is rendered or is likely to be rendered deleterious to fish or fish
habitat or to the use by man of fish that frequent that water,
and without limiting the generality of the foregoing includes
(c) any substance or class of substances prescribed pursuant to paragraph
(2)(a),
(d) any water that contains any substance or class of substances in a quantity
or concentration that is equal to or in excess of a quantity or concentration
prescribed in respect of that substance or class of substances pursuant to
paragraph (2)(b), and
(e) any water that has been subjected to a treatment, process or change
prescribed pursuant to paragraph (2)(c);
"deposit" «immersion» ou «rejet»
"deposit" means any discharging, spraying, releasing, spilling, leaking,
seeping, pouring, emitting, emptying, throwing, dumping or placing;
"fish habitat" «habitat du poisson»
"fish habitat" means spawning grounds and nursery, rearing, food supply and
migration areas on which fish depend directly or indirectly in order to carry
out their life processes;
"water frequented by fish" «eaux où vivent des poissons»
"water frequented by fish" means Canadian fisheries waters.
Regulations for purpose of definition "deleterious substance"
(2) The Governor in Council may make regulations prescribing
(a) substances and classes of substances,
(b) quantities or concentrations of substances and classes of substances in
water, and
(c) treatments, processes and changes of water
for the purpose of paragraphs (c) to (e) of the definition "deleterious
substance" in subsection (1).
R.S., c. F-14, s. 31; R.S., c. 17(1st Supp.), ss. 2, 3; 1976-77, c. 35, ss. 5,
7.
Harmful alteration, etc., of fish habitat
35. (1) No person shall carry on any work or undertaking that results in the
harmful alteration, disruption or destruction of fish habitat.
Alteration, etc., authorized
(2) No person contravenes subsection (1) by causing the alteration, disruption
or destruction of fish habitat by any means or under any conditions authorized
by the Minister or under regulations made by the Governor in Council under this
Act.
R.S., c. F-14, s. 31; R.S., c. 17(1st Supp.), s. 2; 1976-77, c. 35, s. 5.
Throwing overboard of certain substances prohibited
36. (1) No one shall
(a) throw overboard ballast, coal ashes, stones or other prejudicial or
deleterious substances in any river, harbour or roadstead, or in any water where
fishing is carried on;
(b) leave or deposit or cause to be thrown, left or deposited, on the shore,
beach or bank of any water or on the beach between high and low water mark,
remains or offal of fish or of marine animals; or
(c) leave decayed or decaying fish in any net or other fishing apparatus.
Disposal of remains, etc.
(2) Remains or offal described in subsection (1) may be buried ashore, above
high water mark.
Deposit of deleterious substance prohibited
(3) Subject to subsection (4), no person shall deposit or permit the deposit of
a deleterious substance of any type in water frequented by fish or in any place
under any conditions where the deleterious substance or any other deleterious
substance that results from the deposit of the deleterious substance may enter
any such water.
Deposits authorized by regulation
(4) No person contravenes subsection (3) by depositing or permitting the deposit
in any water or place of
(a) waste or pollutant of a type, in a quantity and under conditions authorized
by regulations applicable to that water or place made by the Governor in Council
under any Act other than this Act; or
(b) a deleterious substance of a class, in a quantity or concentration and under
conditions authorized by or pursuant to regulations applicable to that water or
place or to any work or undertaking or class thereof, made by the Governor in
Council under subsection (5).
Regulations for authorizing certain deposits
(5) The Governor in Council may make regulations for the purpose of paragraph
(4)(b) prescribing
(a) the deleterious substances or classes thereof authorized to be deposited
notwithstanding subsection (3);
(b) the waters or places or classes thereof where any deleterious substances or
classes thereof referred to in paragraph (a) are authorized to be deposited;
(c) the works or undertakings or classes thereof in the course or conduct of
which any deleterious substances or classes thereof referred to in paragraph (a)
are authorized to be deposited;
(d) the quantities or concentrations of any deleterious substances or classes
thereof referred to in paragraph (a) that are authorized to be deposited;
(e) the conditions or circumstances under which and the requirements subject to
which any deleterious substances or classes thereof referred to in paragraph (a)
or any quantities or concentrations of those deleterious substances or classes
thereof are authorized to be deposited in any waters or places or classes
thereof referred to in paragraph (b) or in the course or conduct of any works or
undertakings or classes thereof referred to in paragraph (c); and
(f) the persons who may authorize the deposit of any deleterious substances or
classes thereof in the absence of any other authority, and the conditions or
circumstances under which and requirements subject to which those persons may
grant the authorization.
Directions by the Minister
(6) A person authorized to deposit a deleterious substance by or under
regulations made pursuant to subsection (5) shall, when directed in writing by
the Minister, notwithstanding any regulations made pursuant to paragraph (5)(e)
or any conditions set out in an authorization made pursuant to paragraph (5)(f),
conduct such sampling, analyses, tests, measurements or monitoring, install or
operate such equipment or comply with such procedures, and report such
information, as may be required by the Minister in order to determine whether
the person is depositing the deleterious substance in the manner authorized.
R.S., c. F-14, s. 33; R.S., c. 17(1st Supp.), s. 3; 1976-77, c. 35, s. 7; 1984,
c. 40, s. 29.
Minister may require plans and specifications
37. (1) Where a person carries on or proposes to carry on any work or
undertaking that results or is likely to result in the alteration, disruption or
destruction of fish habitat, or in the deposit of a deleterious substance in
water frequented by fish or in any place under any conditions where that
deleterious substance or any other deleterious substance that results from the
deposit of that deleterious substance may enter any such waters, the person
shall, on the request of the Minister or without request in the manner and
circumstances prescribed by regulations made under paragraph (3)(a), provide the
Minister with such plans, specifications, studies, procedures, schedules,
analyses, samples or other information relating to the work or undertaking and
with such analyses, samples, evaluations, studies or other information relating
to the water, place or fish habitat that is or is likely to be affected by the
work or undertaking as will enable the Minister to determine
(a) whether the work or undertaking results or is likely to result in any
alteration, disruption or destruction of fish habitat that constitutes or would
constitute an offence under subsection 40(1) and what measures, if any, would
prevent that result or mitigate the effects thereof; or
(b) whether there is or is likely to be a deposit of a deleterious substance by
reason of the work or undertaking that constitutes or would constitute an
offence under subsection 40(2) and what measures, if any, would prevent that
deposit or mitigate the effects thereof.
Powers of Minister
(2) If, after reviewing any material or information provided under subsection
(1) and affording the persons who provided it a reasonable opportunity to make
representations, the Minister or a person designated by the Minister is of the
opinion that an offence under subsection 40(1) or (2) is being or is likely to
be committed, the Minister or a person designated by the Minister may, by order,
subject to regulations made pursuant to paragraph (3)(b), or, if there are no
such regulations in force, with the approval of the Governor in Council,
(a) require such modifications or additions to the work or undertaking or such
modifications to any plans, specifications, procedures or schedules relating
thereto as the Minister or a person designated by the Minister considers
necessary in the circumstances, or
(b) restrict the operation of the work or undertaking,
and, with the approval of the Governor in Council in any case, direct the
closing of the work or undertaking for such period as the Minister or a person
designated by the Minister considers necessary in the circumstances.
Regulations
(3) The Governor in Council may make regulations
(a) prescribing the manner and circumstances in which any information or
material shall be provided to the Minister without request under subsection (1);
and
(b) prescribing the manner and circumstances in which the Minister or a person
designated by the Minister may make orders under subsection (2) and the terms of
the orders.
Consultation with provinces
(4) Where the Minister or a person designated by the Minister proposes to make
an order pursuant to subsection (2), he shall offer to consult with the
governments of any provinces that he considers to be interested in the proposed
order and with any departments or agencies of the Government of Canada that he
considers appropriate.
Exception
(5) Nothing in subsection (4) prevents the Minister or a person designated by
the Minister from making an interim order pursuant to subsection (2) without the
offer of consultation referred to in subsection (4) where he considers that
immediate action is necessary.
R.S., c. 17(1st Supp.), s. 3; 1976-77, c. 35, s. 8.
Inspectors and analysts
38. (1) For the purposes of this section, the Minister may designate as an
inspector or analyst any person who, in the opinion of the Minister, is
qualified to be so designated.
Certificate to be produced
(2) The Minister shall furnish every inspector with a certificate of his
designation and on entering any place, premises, vehicle or vessel referred to
in subsection (3) an inspector shall, if so required, produce the certificate to
the person in charge thereof.
Powers of inspector
(3) An inspector may, at any reasonable time, enter any place, premises, vehicle
or vessel, other than a private dwelling-place or any part of any place,
premises, vehicle or vessel used as a permanent or temporary private
dwelling-place, where the inspector believes on reasonable grounds that any work
or undertaking resulting or likely to result in the deposit of a deleterious
substance in water frequented by fish or in any place under any conditions
referred to in subsection 37(1) is being, has been or is likely to be carried
on, and the inspector may, for any purpose related to the enforcement of this
section, conduct inspections, including examining any substance or product found
therein, taking samples thereof and conducting tests and measurements.
Search
(3.1) An inspector with a warrant issued under subsection (3.2) may at any
reasonable time enter any place, premises, vehicle or vessel, other than a
private dwelling-place or any part of any place, premises, vehicle or vessel
used as a permanent or temporary private dwelling-place, where the inspector
believes on reasonable grounds that an offence under subsection 40(2) is being
or has been committed and search that place, premises, vehicle or vessel for
evidence of the offence.
Authority to issue warrant
(3.2) Where on ex parte application a justice of the peace is satisfied by
information on oath that there are reasonable grounds to believe that there is
in any place, premises, vehicle or vessel referred to in subsection (3.1)
(a) anything on or in respect of which an offence under subsection 40(2) is
being or has been committed, or
(b) anything that there are reasonable grounds to believe will afford evidence
with respect to the commission of an offence under subsection 40(2),
the justice of the peace may issue a warrant under his hand authorizing the
inspector named therein to enter and search the place, premises, vehicle or
vessel for any such thing subject to such conditions as may be specified in the
warrant.
Use of force
(3.3) In executing a warrant issued under subsection (3.2), the inspector named
therein shall not use force unless the inspector is accompanied by a peace
officer and the use of force has been specifically authorized in the warrant.
Where warrant not necessary
(3.4) An inspector may exercise the powers of entry and search referred to in
subsection (3.1) without a warrant issued under subsection (3.2) if the
conditions for obtaining the warrant exist but by reason of exigent
circumstances it would not be practical to obtain the warrant.
Exigent circumstances
(3.5) For the purposes of subsection (3.4), exigent circumstances include
circumstances in which the delay necessary to obtain a warrant would result in
danger to human life or safety or the loss or destruction of evidence.
Duty to report
(4) Where, out of the normal course of events, there occurs a deposit of a
deleterious substance in water frequented by fish or a serious and imminent
danger thereof by reason of any condition, and where any damage or danger to
fish habitat or fish or the use by man of fish results or may reasonably be
expected to result therefrom, any person who at any material time
(a) owns the deleterious substance or has the charge, management or control
thereof, or
(b) causes or contributes to the causation of the deposit or danger thereof,
shall, in accordance with any regulations applicable thereto, report such
occurrence to an inspector or such other person or authority as is prescribed by
the regulations.
Duty to take all reasonable measures
(5) Every person referred to in paragraph (4)(a) or (b) shall, as soon as
possible in the circumstances, take all reasonable measures consistent with
safety and with the conservation of fish and fish habitat to prevent any
occurrence referred to in subsection (4) or to counteract, mitigate or remedy
any adverse effects that result or may reasonably be expected to result
therefrom.
Power to take or direct remedial measures
(6) Where an inspector, whether or not a report has been made under subsection
(4), is satisfied on reasonable grounds that there is an occurrence referred to
in subsection (4) and that immediate action is necessary in order to carry out
any reasonable measures referred to in subsection (5), he may, subject to
subsection (7) and the regulations, take any such measures or direct that they
be taken by any person referred to in paragraph (4)(a) or (b).
Inconsistent orders
(7) Any requirement or direction of an inspector under this section that is
inconsistent with any requirement or order of a pollution prevention officer
under the Canada Shipping Act is void to the extent of the inconsistency.
Access to property
(8) For the purposes of subsections (4) to (6), any inspector or other person
may enter and have access through any place, premises, vehicle or vessel and may
take all reasonable action in order to comply with those subsections or any of
them, but nothing in this subsection relieves any person from liability at law
for his illegal or negligent acts or omissions or for loss or damage caused to
others by such entry, access or action.
Regulations
(9) The Governor in Council may make regulations prescribing
(a) the person or authority to whom or which a report is to be made under
subsection (4), the manner in which the report is to be made, the information to
be contained therein and the circumstances in which no report is required to be
made;
(b) the manner in which inspectors may take any measures or give any directions
under subsection (6) and the conditions to which such measures or directions are
subject;
(c) the manner and circumstances in which any measures taken or directions given
under subsection (6) may be reviewed, rescinded or varied; and
(d) any other matters necessary for or incidental to carrying out the purposes
and provisions of this section.
Assistance to inspectors
(10) The owner or person in charge of any place, premises, vehicle or vessel
entered by an inspector pursuant to subsection (3) and every person found
therein shall give the inspector all reasonable assistance to enable the
inspector to carry out his duties and functions under this section and shall
furnish the inspector with such information with respect to the administration
of this section as he may reasonably require.
Certificate of analyst as proof
(11) Subject to subsections (12) and (13), a certificate purporting to be signed
by an analyst stating that he has analyzed or tested a substance or product and
stating the result of his analysis or test is admissible in evidence in any
prosecution for an offence under subsection 40(2) or (3) without proof of the
signature or official character of the person appearing to have signed the
certificate and, in the absence of any evidence to the contrary, is proof of the
statements contained in the certificate.
Attendance of analyst
(12) The party against whom there is produced any certificate pursuant to
subsection (11) may, with leave of the court, require the attendance of the
analyst for the purposes of cross-examination.
Notice
(13) No certificate shall be admitted in evidence pursuant to subsection (11)
unless the party intending to produce it has given to the party against whom it
is intended to be produced reasonable notice of that intention together with a
copy of the certificate in question.
R.S., 1985, c. F-14, s. 38; R.S., 1985, c. 31 (1st Supp.), s. 34.
39. [Repealed, 1991, c. 1, s. 9]
Offence and punishment
40. (1) Every person who contravenes subsection 35(1) is guilty of
(a) an offence punishable on summary conviction and liable, for a first offence,
to a fine not exceeding three hundred thousand dollars and, for any subsequent
offence, to a fine not exceeding three hundred thousand dollars or to
imprisonment for a term not exceeding six months, or to both; or
(b) an indictable offence and liable, for a first offence, to a fine not
exceeding one million dollars and, for any subsequent offence, to a fine not
exceeding one million dollars or to imprisonment for a term not exceeding three
years, or to both.
Idem
(2) Every person who contravenes subsection 36(1) or (3) is guilty of
(a) an offence punishable on summary conviction and liable, for a first offence,
to a fine not exceeding three hundred thousand dollars and, for any subsequent
offence, to a fine not exceeding three hundred thousand dollars or to
imprisonment for a term not exceeding six months, or to both; or
(b) an indictable offence and liable, for a first offence, to a fine not
exceeding one million dollars and, for any subsequent offence, to a fine not
exceeding one million dollars or to imprisonment for a term not exceeding three
years, or to both.
Other offences
(3) Every person who
(a) fails to provide the Minister with any material or information requested
pursuant to subsection 37(1) within a reasonable time after the request is made,
(b) fails to provide or submit any material, information or report that is to be
provided or submitted under regulations made pursuant to subsection 37(3),
(c) fails to make a report that he is required to make under subsection 38(4),
(d) carries on any work or undertaking described in subsection 37(1)
(i) otherwise than in accordance with any material or information relating to
the work or undertaking that he provides to the Minister under subsection 37(1),
(ii) otherwise than in accordance with any such material or information as
required to be modified by any order of the Minister under paragraph 37(2)(a),
or
(iii) contrary to any order made by the Minister under subsection 37(2),
(e) fails to take any reasonable measures that he is required to take under
subsection 38(5) or fails to take such measures in the required manner, or
(f) fails to comply with the whole or any part of a direction of an inspector
under subsection 38(6),
(g) [Repealed, 1991, c. 1, s. 10]
is guilty of an offence punishable on summary conviction and liable, for a first
offence, to a fine not exceeding two hundred thousand dollars and, for any
subsequent offence, to a fine not exceeding two hundred thousand dollars or to
imprisonment for a term not exceeding six months, or to both.
(4) [Repealed, 1991, c. 1, s. 10]
Matters of proof
(5) For the purpose of any proceedings for an offence under subsection (2) or
(3),
(a) a "deposit" as defined in subsection 34(1) takes place whether or not any
act or omission resulting in the deposit is intentional; and
(b) no water is "water frequented by fish", as defined in subsection 34(1),
where proof is made that at all times material to the proceedings the water is
not, has not been and is not likely to be frequented in fact by fish.
R.S., 1985, c. F-14, s. 40; 1991, c. 1, s. 10.
41. (1) to (3) [Repealed, 1991, c. 1, s. 11]
Action to enjoin not prejudiced by prosecution
(4) Notwithstanding that a prosecution has been instituted in respect of an
offence under section 40, the Attorney General of Canada may commence and
maintain proceedings to enjoin anything punishable as an offence under that
section.
R.S., 1985, c. F-14, s. 41; 1991, c. 1, s. 11.
Civil liability to Her Majesty
42. (1) Where there occurs a deposit of a deleterious substance in water
frequented by fish that is not authorized under section 36 or a serious and
imminent danger thereof by reason of any condition, the persons who at any
material time
(a) own the deleterious substance or have the charge, management or control
thereof, or
(b) are persons other than those described in paragraph (a) who cause or
contribute to the causation of the deposit or danger thereof,
are, subject to subsection (4) in the case of the persons referred to in
paragraph (a) and to the extent determined according to their respective degrees
of fault or negligence in the case of the persons referred to in paragraph (b),
jointly and severally liable for all costs and expenses incurred by Her Majesty
in right of Canada or a province, to the extent that those costs and expenses
can be established to have been reasonably incurred in the circumstances, of and
incidental to the taking of any measures to prevent any such deposit or
condition or to counteract, mitigate or remedy any adverse effects that result
or may reasonably be expected to result therefrom.
Recovery
(2) All the costs and expenses referred to in subsection (1) are recoverable by
Her Majesty in right of Canada or a province with costs in proceedings brought
or taken therefor in the name of Her Majesty in any such right in any court of
competent jurisdiction.
Liability to fishermen
(3) Where, as a result of a deposit that is not authorized under section 36, a
deleterious substance enters water frequented by fish, the persons described in
paragraphs (1)(a) and (b) are, subject to subsection (4) in the case of the
persons described in paragraph (1)(a) and to the extent determined according to
their respective degrees of fault or negligence in the case of the persons
described in paragraph (1)(b), jointly and severally liable for all loss of
income incurred by any licensed commercial fisherman, to the extent that the
loss can be established to have been incurred as a result of the deposit or of a
prohibition to fish resulting therefrom, and all such loss is recoverable with
costs in proceedings brought or taken therefor in any court of competent
jurisdiction.
Defences to liability
(4) The liability of any person described in paragraph (1)(a) is absolute and
does not depend on proof of fault or negligence but no such person is liable for
any costs and expenses pursuant to subsection (1) or loss of income pursuant to
subsection (3) if he establishes that the occurrence giving rise to the
liability was wholly caused by
(a) an act of war, hostilities, civil war, insurrection or a natural phenomenon
of an exceptional, inevitable and irresistible character; or
(b) an act or omission with intent to cause damage by a person other than a
person for whose wrongful act or omission he is by law responsible.
Exception
(5) Nothing in this section limits or restricts any right of recourse that any
person who is liable pursuant to this section may have against any other person.
Limitation
(6) No proceedings may be commenced under subsections (1) to (3) at any time
later than two years after the occurrence to which the proceedings relate could
reasonably be expected to have become known to Her Majesty in right of Canada or
a province or to any licensed commercial fisherman, as the case may be.
Exception
(7) Subsections (1) to (3) do not apply in respect of any deposit of a
deleterious substance that, within the meaning of Part XV of the Canada Shipping
Act, constitutes a discharge of a pollutant caused by or otherwise attributable
to a ship.
Other civil remedies not affected
(8) No civil remedy for any act or omission is suspended or affected by reason
only that the act or omission is authorized under this Act, is an offence under
this Act or gives rise to civil liability under this Act.
R.S., c. 17(1st Supp.), s. 3; 1976-77, c. 35, s. 7.
Annual report
42.1 (1) The Minister shall, as soon as possible after the end of each fiscal
year, prepare and cause to be laid before Parliament a report on the
administration and enforcement of the provisions of this Act relating to fish
habitat protection and pollution prevention for that year.
Statistical summary
(2) The annual report shall include a statistical summary of convictions under
section 40 for that year.
1991, c. 1, s. 11.1.
REGULATIONS
Regulations
43. The Governor in Council may make regulations for carrying out the purposes
and provisions of this Act and in particular, but without restricting the
generality of the foregoing, may make regulations
(a) for the proper management and control of the sea-coast and inland fisheries;
(b) respecting the conservation and protection of fish;
(c) respecting the catching, loading, landing, handling, transporting,
possession and disposal of fish;
(d) respecting the operation of fishing vessels;
(e) respecting the use of fishing gear and equipment;
(e.1) respecting the marking, identification and tracking of fishing vessels;
(e.2) respecting the designation of persons as observers, their duties and their
carriage on board fishing vessels;
(f) respecting the issue, suspension and cancellation of licences and leases;
(g) respecting the terms and conditions under which a licence and lease may be
issued;
(g.1) respecting any records, books of account or other documents to be kept
under this Act and the manner and form in which and the period for which they
shall be kept;
(g.2) respecting the manner in which records, books of account or other
documents shall be produced and information shall be provided under this Act;
(h) respecting the obstruction and pollution of any waters frequented by fish;
(i) respecting the conservation and protection of spawning grounds;
(j) respecting the export of fish or any part thereof from Canada;
(k) respecting the taking or carrying of fish or any part thereof from one
province to any other province;
(l) prescribing the powers and duties of persons engaged or employed in the
administration or enforcement of this Act and providing for the carrying out of
those powers and duties; and
(m) where a close time, fishing quota or limit on the size or weight of fish has
been fixed in respect of an area under the regulations, authorizing persons
referred to in paragraph (l) to vary the close time, fishing quota or limit in
respect of that area or any portion of that area.
R.S., 1985, c. F-14, s. 43; R.S., 1985, c. 35 (1st Supp.), ss. 3, 7; 1991, c. 1,
s. 12.
MARINE PLANTS
Prohibition of harvesting of marine plants in certain cases
44. Except in accordance with the conditions of a licence issued by the Minister
under section 45, no person shall harvest marine plants in the coastal waters of
Canada in contravention of any regulation made pursuant to paragraph 46(a).
R.S., c. 17(1st Supp.), s. 5.
Licences
45. The Minister may, on receipt of an application made in accordance with the
regulations, issue a licence to the applicant for the harvesting of marine
plants in the coastal waters of Canada for a term not exceeding one year and on
such conditions relating to
(a) the nature of the gear and equipment to be used in the harvesting,
(b) the manner in which the harvesting is to be carried out,
(c) the quantity of marine plants authorized to be harvested thereunder, and
(d) the area or areas within the coastal waters of Canada where the harvesting
is to be carried out or where harvesting may not be carried out,
as the Minister considers to be necessary for the protection and conservation of
the marine plant resources of the coastal waters of Canada.
R.S., c. 17(1st Supp.), s. 5.
Regulations
46. The Governor in Council may make regulations
(a) prohibiting, subject to the conditions of any licence issued by the Minister
under section 45,
(i) the harvesting of marine plants or of any class of marine plants,
(ii) the harvesting of marine plants or of any class of marine plants in
quantities in excess of quantities specified in the regulations, or
(iii) the harvesting of marine plants or of any class of marine plants in a
manner specified in the regulations,
in the coastal waters of Canada or any area or areas of the coastal waters of
Canada specified in the regulations;
(b) prohibiting, notwithstanding the conditions of any licence, the harvesting
of marine plants or of any class of marine plants in any area or areas of the
coastal waters of Canada for such period or periods as are specified in the
regulations;
(c) requiring persons to whom licences are issued under section 45 to maintain
such books and records and to make such returns of information to the Minister
as the Governor in Council deems necessary for the enforcement of this Act and
the regulations; and
(d) prescribing the fees to be paid for licences issued under section 45.
R.S., c. 17(1st Supp.), s. 5; 1976-77, c. 35, s. 11.
Interpretation
47. For the purposes of sections 44 to 46,
"coastal waters of Canada" «eaux côtières du Canada»
"coastal waters of Canada" means all Canadian fisheries waters not within the
geographical limits of any province;
"harvest" «récolte»
"harvest" includes cut, take, dredge, rake or otherwise obtain;
"marine plant" «plante marine»
"marine plant" includes all benthic and detached algae, marine flowering plants,
brown algae, red algae, green algae and phytoplankton.
R.S., c. 17(1st Supp.), s. 5.
Saving
48. Nothing in sections 44 to 47 shall be construed as preventing traditional
harvesting of marine plants by aborigines for their use as food.
R.S., c. 17(1st Supp.), s. 5.
POWERS OF FISHERY OFFICERS AND FISHERY GUARDIANS
Inspection
49. (1) Subject to subsection (2), for the purpose of ensuring compliance with
this Act and the regulations, a fishery officer or fishery guardian may enter
and inspect any place, including any premises, vessel or vehicle, in which the
officer or guardian believes on reasonable grounds there is any work or
undertaking or any fish or other thing in respect of which this Act or the
regulations apply and may
(a) open any container that the officer or guardian believes on reasonable
grounds contains any fish or other thing in respect of which this Act or the
regulations apply;
(b) examine any fish or other thing that the officer or guardian finds and take
samples of it;
(c) conduct any tests or analyses and take any measurements; and
(d) require any person to produce for examination or copying any records, books
of account or other documents that the officer or guardian believes on
reasonable grounds contain information that is relevant to the administration of
this Act or the regulations.
Operation of data processing systems and copying equipment
(1.1) In carrying out an inspection of a place under subsection (1), a fishery
officer or fishery guardian may,
(a) use or cause to be used any data processing system at the place to examine
any data contained in or available to the data processing system;
(b) reproduce any record or cause it to be reproduced from the data in the form
of a print-out or other intelligible output and remove the print-out or other
output for examination or copying; and
(c) use or cause to be used any copying equipment at the place to make copies of
any record, book of account or other document.
Duty to assist
(1.2) The owner or person in charge of a place that is inspected by a fishery
officer or fishery guardian under subsection (1) and every person found in the
place shall
(a) give the officer or guardian all reasonable assistance to enable the officer
or guardian to carry out the inspection and exercise any power conferred by this
section; and
(b) provide the officer or guardian with any information relevant to the
administration of this Act or the regulations that the officer or guardian may
reasonably require.
Disposition of samples
(1.3) A fishery officer or fishery guardian who takes a sample under paragraph
(1)(b) may dispose of it in any manner that the officer or guardian considers
appropriate.
Warrant required to enter dwelling-house
(2) Where any place, premises, vessel or vehicle referred to in subsection (1)
is a dwelling-house, a fishery officer or fishery guardian may not enter that
dwelling-house without the consent of the occupant except under the authority of
a warrant issued under subsection (3).
Authority to issue warrant
(3) Where on ex parte application a justice of the peace is satisfied by
information on oath
(a) that the conditions for entry described in subsection (1) exist in relation
to a dwelling-house,
(b) that entry to the dwelling-house is necessary for any purpose relating to
the administration or enforcement of this Act, and
(c) that entry to the dwelling-house has been refused or that there are
reasonable grounds for believing that entry thereto will be refused,
the justice of the peace may issue a warrant under his hand authorizing the
fishery officer or fishery guardian named therein to enter that dwelling-house
subject to such conditions as may be specified in the warrant.
(4) [Repealed, 1991, c. 1, s. 13]
R.S., 1985, c. F-14, s. 49; R.S., 1985, c. 31 (1st Supp.), s. 35; 1991, c. 1, s.
13.
Search
49.1 (1) A fishery officer with a warrant issued under subsection (2) may enter
and search any place, including any premises, vessel or vehicle, in which the
officer believes on reasonable grounds there is
(a) any work or undertaking that is being or has been carried on in
contravention of this Act or the regulations;
(b) any fish or other thing by means of or in relation to which this Act or the
regulations have been contravened; or
(c) any fish or other thing that will afford evidence in respect of a
contravention of this Act or the regulations.
Authority to issue warrant
(2) Where on ex parte application a justice of the peace is satisfied by
information on oath that there are reasonable grounds to believe that there is
in any place referred to in subsection (1) any fish or other thing referred to
in subsection (1), the justice may issue a warrant authorizing the fishery
officer named in the warrant to enter and search the place for the thing subject
to any conditions that may be specified in the warrant.
Where warrant not necessary
(3) Notwithstanding subsection (1), a fishery officer may exercise the power of
search referred to in that subsection without a warrant issued under subsection
(2) if the conditions for obtaining the warrant exist but by reason of exigent
circumstances it would not be practical to obtain the warrant.
Exigent circumstances
(4) For the purposes of subsection (3), exigent circumstances include
circumstances in which the delay necessary to obtain the warrant would result in
danger to human life or safety or the loss or destruction of evidence.
Powers during search
(5) In carrying out a search of a place under this section, a fishery officer
may exercise any power mentioned in subsection 49(1), (1.1) or (1.3).
R.S., 1985, c. 31 (1st Supp.), s. 35; 1991, c. 1, s. 14.
Arrest
50. Any fishery officer, fishery guardian or peace officer may arrest without
warrant a person who that fishery officer, guardian or peace officer believes,
on reasonable grounds, has committed an offence against this Act or any of the
regulations, or whom he finds committing or preparing to commit an offence
against this Act or any of the regulations.
R.S., c. F-14, s. 36.
Seizure of fishing vessel, etc.
51. A fishery officer or fishery guardian may seize any fishing vessel, vehicle,
fish or other thing that the officer or guardian believes on reasonable grounds
was obtained by or used in the commission of an offence under this Act or will
afford evidence of an offence under this Act, including any fish that the
officer or guardian believes on reasonable grounds
(a) was caught, killed, processed, transported, purchased, sold or possessed in
contravention of this Act or the regulations; or
(b) has been intermixed with fish referred to in paragraph (a).
R.S., 1985, c. F-14, s. 51; 1991, c. 1, s. 15.
Entry by fishery officer
52. In the discharge of his duties, any fishery officer, fishery guardian or
other person accompanying him or authorized to such effect by the fishery
officer may enter on and pass through or over private property without being
liable for trespass.
R.S., c. F-14, s. 39.
Disputes
53. Disputes between persons relating to fishing limits or claims to fishery
stations, or relating to the position and use of nets and other fishing
apparatus, shall be settled by the local fishery officer.
R.S., c. F-14, s. 40.
Distances between fisheries
54. Fishery officers may determine or prescribe the distance between each and
every fishery and shall forthwith remove any fishing apparatus or materials that
the owner neglects or refuses to remove, and the owner is liable for a
contravention of this Act and for the cost of removing the apparatus and
materials and any damages that may result therefrom.
R.S., c. F-14, s. 41.
Boundaries of estuary fishing
55. The Minister, or any fishery officer duly authorized by the Minister, has
power to define the boundaries of tidal waters and estuaries and to designate
what is the mouth of any river, stream or other water for the purposes of this
Act.
R.S., c. F-14, s. 42.
Gurry grounds
56. Gurry grounds may be designated or defined by any fishery officer.
R.S., c. F-14, s. 43.
CULTURE OF FISH
Waters for propagation of fish
57. The Minister may authorize any river or other water to be set apart for the
natural or artificial propagation of fish.
R.S., c. F-14, s. 44.
Special licences for oyster beds
58. Special licences and leases for any term of years may be granted to any
person who wishes to plant or form oyster beds in any of the bays, inlets,
harbours, creeks or rivers, or between any of the islands on the coast of
Canada, and the holder of any such licence or lease has the exclusive right to
the oysters produced or found on the beds within the limits of the licence or
lease.
R.S., 1985, c. F-14, s. 58; 1999, c. 31, s. 123(F).
Authority to provinces to grant leases for oyster cultivation
59. (1) The Governor in Council may, on such terms and conditions as are agreed
on, authorize the government of any province to grant leases of such areas of
the sea-coast, bays, inlets, harbours, creeks, rivers and estuaries of the
province as the government of the province considers suitable for the
cultivation and production of oysters, and any persons to whom such leases are
granted by the province, subject to the fishery regulations of Canada, have the
exclusive right to the oysters produced or found on the beds within the limits
of their respective leases.
Rights of Canada preserved
(2) Where an area referred to in subsection (1) or any part thereof is in a
public harbour, nothing in that subsection prejudices the right or title of
Canada to the enjoyment and use of the harbour for every purpose other than the
cultivation and production of oysters.
R.S., 1985, c. F-14, s. 59; 1999, c. 31, s. 124(F).
VACANT PUBLIC PROPERTY
Vacant public property
60. (1) Every subject of Her Majesty may, for the purpose of landing, salting,
curing and drying fish, use, and cut wood on, vacant public property that by law
is common and accessory to public rights of fishery and navigation.
Prohibition
(2) No person shall occupy the same station on vacant public property described
in subsection (1) unless it has been abandoned by the first occupant for twelve
consecutive months.
Payment may be required
(3) At the expiration of the twelve months referred to in subsection (2), any
new occupier shall pay the value of the flakes and stages and other property
thereon, of which he takes possession, or the buildings and improvements may be
removed by the original owner.
Leased property
(4) No property leased or licensed shall be deemed vacant.
R.S., c. F-14, s. 47.
INFORMATION RETURNS
Persons who may be required to provide information
61. (1) The following persons may be required under this Act to provide
information or to keep records, books of account or other documents:
(a) any person who engages in fishing;
(b) any person who purchases fish for the purpose of resale;
(c) any owner, operator or manager of an enterprise that catches, cultures,
processes or transports fish; and
(d) any agent or employee of a person referred to in paragraphs (a) to (c).
Information that may be required
(2) A person referred to in subsection (1) may be required to provide
information or to keep records or other documents relating to any of the
following matters:
(a) the number, sex, size, weight, species, product form, value or other
particulars of any fish caught, cultured, processed, transported, sold or
purchased;
(b) the time and place at which any fish was caught or landed and the person,
enterprise or vessel by which the fish was caught or landed;
(c) the time and place at which any fish was purchased and the person,
enterprise or vessel from which the fish was purchased;
(d) the vessels, gear and methods used and the number of persons employed for
the purpose of catching fish;
(e) the buildings, equipment, products and methods used and the number of
persons employed for the purpose of culturing or processing fish; and
(f) any other matter relating to the proper management and control of fisheries
or the conservation and protection of fish.
Duty to keep books
(3) A person referred to in subsection (1) shall keep any records, books of
account or other documents that may be required by the regulations or by the
terms and conditions of any lease or licence issued to the person under this Act
and the records, books of account or other documents shall be kept in the manner
and form and for the period prescribed by the regulations, lease or licence.
Duty to provide information
(4) A person referred to in subsection (1) shall, on the request of any fishery
officer or fishery guardian, provide the officer or guardian, or any authority
designated by the officer or guardian, with any information relating to a matter
mentioned in subsection (2) that the officer or guardian may request.
Idem
(5) A person referred to in subsection (1) shall, in accordance with the
regulations and the terms and conditions of any lease or licence issued to the
person under this Act, provide a fishery officer, a fishery guardian or any
authority designated in the regulations, lease or licence with any information
relating to a matter mentioned in subsection (2) that the regulations, lease or
licence requires.
R.S., 1985, c. F-14, s. 61; 1991, c. 1, s. 18.
OBSTRUCTION AND FALSE INFORMATION
Obstruction
62. No person shall obstruct or hinder a fishery officer, a fishery guardian or
an inspector who is carrying out duties or functions under this Act.
R.S., 1985, c. F-14, s. 62; R.S., 1985, c. 1 (2nd Supp.), s. 213; 1991, c. 1, s.
18.
False statements to fishery officer, etc.
63. (1) No person shall make a false or misleading statement, whether orally or
in writing, to an inspector, a fishery officer or a fishery guardian or any
authority designated by a fishery officer or a fishery guardian who is carrying
out duties or functions under this Act.
False statements in licence application
(2) No person shall make a false or misleading statement, whether orally or in
writing, in an application for a lease or licence under this Act.
False records
(3) No person shall produce for examination or copying by an inspector, a
fishery officer or a fishery guardian or any authority designated by a fishery
officer or a fishery guardian any records, books of account or other documents
that contain false or misleading information.
R.S., 1985, c. F-14, s. 63; 1991, c. 1, s. 18.
64. and 65. [Repealed, 1991, c. 1, s. 18]
CONSEQUENCES OF OBSTRUCTION
Failure to provide fish-way, etc.
66. Every owner or occupier of an obstruction across or in any stream who
refuses or neglects to provide and maintain a fish-way or canal in accordance
with section 20, to install and maintain fish stops or diverters in accordance
with subsection 21(4) or to provide for a sufficient flow of water and the free
passage of fish in accordance with section 22 is guilty of an offence punishable
on summary conviction and liable, for a first offence, to a fine not exceeding
two hundred thousand dollars and, for any subsequent offence, to a fine not
exceeding two hundred thousand dollars or to imprisonment for a term not
exceeding six months, or to both.
R.S., 1985, c. F-14, s. 66; 1991, c. 1, s. 19.
Payment respecting certain obstructions
67. (1) Where the Minister determines that the provision, which he deems
necessary for the public interest, of an efficient fish-way or canal around any
obstruction is not feasible or that the spawning areas above the obstruction are
destroyed by reason of the obstruction, the owner or occupier of the obstruction
shall from time to time pay to the Receiver General such lump sum or annual sum
of money as may be assessed against the owner or occupier by the Minister for
the purpose of constructing, operating and maintaining such complete hatchery
establishment as will, in the opinion of the Minister, meet the requirements for
maintaining the annual return of migratory fish.
Assessment recoverable on suit in Federal Court
(2) The lump sum or annual sum referred to in subsection (1) shall be payable at
such time or times as the Minister may direct and may be sued for and recovered
with full costs of suit in the Federal Court.
R.S., c. F-14, s. 53; R.S., c. 10(2nd Supp.), s. 64.
68. [Repealed, 1991, c. 1, s. 20]
Failure to provide fish guard, etc.
69. Every owner or occupier of a water intake, ditch, channel or canal referred
to in subsection 30(1) who refuses or neglects to provide and maintain a fish
guard, screen, covering or netting in accordance with subsections 30(1) to (3),
permits the removal of a fish guard, screen, covering or netting in
contravention of subsection 30(3) or refuses or neglects to close a sluice or
gate in accordance with subsection 30(4) is guilty of an offence punishable on
summary conviction and liable, for a first offence, to a fine not exceeding two
hundred thousand dollars and, for any subsequent offence, to a fine not
exceeding two hundred thousand dollars or to imprisonment for a term not
exceeding six months, or to both.
R.S., 1985, c. F-14, s. 69; 1991, c. 1, s. 21.
DISPOSITION OF SEIZED THINGS
Custody of seized things
70. (1) A fishery officer or fishery guardian who seizes any fish or other thing
under this Act may retain custody of it or deliver it into the custody of any
person the officer or guardian considers appropriate.
Request by officer or guardian
(2) A person who is given custody of any fish or other thing under subsection
(1) shall, on the request of a fishery officer or fishery guardian at any
reasonable time, make the fish or thing available for inspection by or deliver
it into the custody of the officer or guardian.
Perishables
(3) A fishery officer or fishery guardian who has custody of any fish or other
perishable thing seized under this Act may dispose of it in any manner the
officer or guardian considers appropriate and any proceeds realized from its
disposition shall be paid to the Receiver General.
R.S., 1985, c. F-14, s. 70; 1991, c. 1, s. 21.
Detention of seized things
71. (1) Subject to this section, any fish or other thing seized under this Act,
or any proceeds realized from its disposition, may be detained until the fish or
thing or proceeds are forfeited or proceedings relating to the fish or thing are
finally concluded.
Return on deposit of security
(2) Subject to subsection 72(4), a court may order any fish or other thing
seized under this Act to be returned to the person from whom it was seized if
security is given to Her Majesty in a form and amount that is satisfactory to
the Minister.
Return where proceedings not instituted
(3) Subject to subsection 72(4), where proceedings are not instituted in
relation to any fish or other thing seized under this Act, the fish or thing or
any proceeds realized from its disposition shall be returned to the person from
whom it was seized
(a) on the Minister's decision not to institute proceedings; or
(b) on the expiration of ninety days after the day of the seizure or any further
period that may be specified in an order made under subsection (4).
Order to extend detention
(4) Where a court is satisfied, on the application of the Minister within ninety
days after the day on which any fish or other thing is seized, that detention of
the fish or thing for a period greater than ninety days is justified in the
circumstances, the court may, by order, permit the fish or thing to be detained
for any further period that may be specified in the order.
R.S., 1985, c. F-14, s. 71; 1991, c. 1, s. 21.
Recovery of costs
71.1 (1) Where a person is convicted of an offence under this Act, the court
may, in addition to any punishment imposed, order the person to pay the Minister
an amount of money as compensation for any costs incurred in the seizure,
storage or disposition of any fish or other thing seized under this Act by means
of or in relation to which the offence was committed.
Debt due to Her Majesty
(2) Where a court orders a person to pay an amount of money as compensation
under subsection (1), the amount and any interest payable on that amount
constitute a debt due to Her Majesty and may be recovered as such in any court
of competent jurisdiction.
1991, c. 1, s. 21.
Forfeiture of things
72. (1) Where a person is convicted of an offence under this Act, the court may,
in addition to any punishment imposed, order that any thing seized under this
Act by means of or in relation to which the offence was committed, or any
proceeds realized from its disposition, be forfeited to Her Majesty.
Forfeiture of fish
(2) Where a person is convicted of an offence under this Act that relates to
fish seized pursuant to paragraph 51(a), the court shall, in addition to any
punishment imposed, order that the fish, or any proceeds realized from its
disposition, be forfeited to Her Majesty.
Idem
(3) Where a person is charged with an offence under this Act that relates to
fish seized pursuant to paragraph 51(a) and the person is acquitted but it is
proved that the fish was caught in contravention of this Act or the regulations,
the court may order that the fish, or any proceeds realized from its
disposition, be forfeited to Her Majesty.
Forfeiture where ownership not ascertainable
(4) Where the ownership of any fish or other thing seized under this Act cannot
be ascertained at the time of the seizure, the fish or thing is thereupon
forfeited to Her Majesty.
R.S., 1985, c. F-14, s. 72; R.S., 1985, c. 31 (1st Supp.), s. 96; 1991, c. 1, s.
21.
Disposal of forfeited things
73. (1) Subject to sections 75 to 77, any fish or other thing forfeited to Her
Majesty under subsection 72(1), (2) or (3) shall be disposed of after the final
conclusion of the proceedings relating to the fish or thing, as the Minister
directs.
Disposal where ownership not ascertained
(2) Subject to sections 75 to 77, any fish or other thing forfeited to Her
Majesty under subsection 72(4) shall be disposed of after the expiration of
thirty days from the day of forfeiture, as the Minister directs.
Exception
(3) Notwithstanding subsection (2), where any fishing gear or equipment is
forfeited under subsection 72(4), it may be disposed of immediately on its
forfeiture, as the Minister directs.
R.S., 1985, c. F-14, s. 73; 1991, c. 1, s. 21.
Return of things not forfeited
73.1 (1) Subject to subsection (2), any fish or other thing seized under this
Act, or any proceeds realized from its disposition, that are not forfeited to
Her Majesty under section 72 shall, on the final conclusion of the proceedings
relating to the fish or thing, be delivered to the person from whom the fish or
thing was seized.
Exception
(2) Subject to subsection 72(4), where a person is convicted of an offence
relating to any fish or other thing seized under this Act and the court imposes
a fine but does not order forfeiture,
(a) the fish or thing may be detained until the fine is paid;
(b) it may be sold under execution in satisfaction of the fine; or
(c) any proceeds realized from its disposition may be applied in payment of the
fine.
1991, c. 1, s. 21.
Release of seized fish
73.2 Notwithstanding anything in sections 70 to 73.1, a fishery officer or
fishery guardian who seizes any fish under this Act may, at the time of the
seizure, return to the water any fish that the officer or guardian believes to
be alive.
1991, c. 1, s. 21.
Definitions
74. In sections 75 and 76,
"court of appeal" «cour d'appel»
"court of appeal" means, in the province in which an order under section 75 is
made, the court of appeal for that province as defined in section 2 of the
Criminal Code;
"judge" «juge»
"judge" means
(a) in the Province of Quebec, a judge of the Superior Court for the district in
which the thing in respect of which an application for an order under section 75
is made was seized,
(a.1) in the Province of Ontario, a judge of the Superior Court of Justice,
(b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, a
judge of the Court of Queen's Bench,
(c) in the Province of Prince Edward Island, a judge of the Trial Division of
the Supreme Court,
(c.1) [Repealed, 1992, c. 51, s. 50]
(d) in the Provinces of Nova Scotia, British Columbia and Newfoundland, the
Yukon Territory and the Northwest Territories, a judge of the Supreme Court, and
(e) in Nunavut, a judge of the Nunavut Court of Justice.
R.S., 1985, c. F-14, s. 74; R.S., 1985, c. 27 (2nd Supp.), s. 10; 1990, c. 16,
s. 10, c. 17, s. 20; 1992, c. 51, s. 50; 1998, c. 30, s. 14; 1999, c. 3, s. 65.
Application by person claiming interest
75. (1) Where any thing other than fish is forfeited to Her Majesty under
subsection 72(1) or (4), any person who claims an interest in the thing as
owner, mortgagee, lienholder or holder of any like interest, other than a person
convicted of the offence that resulted in the forfeiture or a person from whom
the thing was seized, may, within thirty days after the forfeiture, apply in
writing to a judge for an order pursuant to subsection (4).
Date of hearing
(2) The judge to whom an application is made pursuant to subsection (1) shall
fix a day not less than thirty days after the date of filing of the application
for the hearing thereof.
Notice
(3) The applicant shall serve a notice of the application and of the hearing on
the Minister at least fifteen days before the day fixed for the hearing.
Order by judge
(4) Where, on the hearing of an application made pursuant to subsection (1), it
is made to appear to the satisfaction of the judge,
(a) that the applicant is innocent of any complicity in the offence or alleged
offence that resulted in the forfeiture and of any collusion in relation to that
offence with the person who was convicted of, or who may have committed, the
offence, and
(b) that the applicant exercised all reasonable care in respect of the person
permitted to obtain the possession of the thing in respect of which the
application is made to satisfy himself that the thing was not likely to be used
contrary to this Act or the regulations, or, in the case of a mortgagee or
lienholder, that he exercised such care with respect to the mortgagor or the
liengiver,
the applicant is entitled to an order declaring that his interest is not
affected by the forfeiture and declaring the nature and extent of his interest.
R.S., 1985, c. F-14, s. 75; 1991, c. 1, s. 22.
Appeal
76. (1) The applicant or the Minister may appeal to the court of appeal from an
order made under subsection 75(4) and the appeal shall be asserted, heard and
decided according to the ordinary procedure governing appeals to the court of
appeal from orders or judgments of a judge.
Application to Minister
(2) The Minister shall, on application made to him by any person who has
obtained a final order pursuant to this section or section 75,
(a) except in the case of any thing disposed of under subsection 70(3), direct
that the thing to which the interest of the applicant relates be returned to the
applicant; or
(b) direct that an amount equal to the value of the interest of the applicant,
as declared in the order, be paid to him.
R.S., 1985, c. F-14, s. 76; 1991, c. 1, s. 23.
Exception
77. Sections 74 to 76 do not apply to
(a) any fishing gear or equipment that has been disposed of pursuant to
subsection 73(3); or
(b) any fish that have been returned to the water pursuant to section 73.2.
R.S., 1985, c. F-14, s. 77; 1991, c. 1, s. 24.
OFFENCE AND PUNISHMENT
Punishment not otherwise provided for
78. Except as otherwise provided in this Act, every person who contravenes this
Act or the regulations is guilty of
(a) an offence punishable on summary conviction and liable, for a first offence,
to a fine not exceeding one hundred thousand dollars and, for any subsequent
offence, to a fine not exceeding one hundred thousand dollars or to imprisonment
for a term not exceeding one year, or to both; or
(b) an indictable offence and liable, for a first offence, to a fine not
exceeding five hundred thousand dollars and, for any subsequent offence, to a
fine not exceeding five hundred thousand dollars or to imprisonment for a term
not exceeding two years, or to both.
R.S., 1985, c. F-14, s. 78; 1991, c. 1, s. 24.
Continuing offences
78.1 Where any contravention of this Act or the regulations is committed or
continued on more than one day, it constitutes a separate offence for each day
on which the contravention is committed or continued.
1991, c. 1, s. 24.
Offences by corporate officers, etc.
78.2 Where a corporation commits an offence under this Act, any officer,
director or agent of the corporation who directed, authorized, assented to,
acquiesced in or participated in the commission of the offence is a party to and
guilty of the offence and is liable on conviction to the punishment provided for
the offence, whether or not the corporation has been prosecuted.
1991, c. 1, s. 24.
Offences by employers
78.3 In any prosecution for an offence under this Act, it is sufficient proof of
the offence to establish that it was committed by an employee or agent of the
accused, whether or not the employee or agent is identified or has been
prosecuted for the offence, unless the accused establishes that the offence was
committed without the knowledge or consent of the accused.
1991, c. 1, s. 24.
Offences by licence holders
78.4 In any prosecution for an offence under this Act, it is sufficient proof of
the offence to establish that it was committed by a person in respect of any
matter relating to any operations under a lease or licence issued to the accused
pursuant to this Act or the regulations, whether or not the person is identified
or has been prosecuted for the offence, unless the accused establishes that the
offence was committed without the knowledge or consent of the accused.
1991, c. 1, s. 24.
Burden of proving licence
78.5 In any prosecution for an offence under this Act, where a question arises
as to whether a person was issued a licence, the burden is on the person to
establish that the licence was issued.
1991, c. 1, s. 24.
Due diligence defence
78.6 No person shall be convicted of an offence under this Act if the person
establishes that the person
(a) exercised all due diligence to prevent the commission of the offence; or
(b) reasonably and honestly believed in the existence of facts that, if true,
would render the person's conduct innocent.
1991, c. 1, s. 24.
Additional fine
79. Where a person is convicted of an offence under this Act and the court is
satisfied that as a result of committing the offence the person acquired
monetary benefits or monetary benefits accrued to the person, the court may,
notwithstanding the maximum amount of any fine that may otherwise be imposed
under this Act, order the person to pay an additional fine in an amount equal to
the court's finding of the amount of those monetary benefits.
R.S., 1985, c. F-14, s. 79; 1991, c. 1, s. 24.
Lease or licence cancelled, etc.
79.1 Where a person is convicted of an offence under this Act in respect of any
matter relating to any operations under a lease or licence issued pursuant to
this Act or the regulations, in addition to any punishment imposed, the court
may, by order,
(a) cancel the lease or licence or suspend it for any period the court considers
appropriate; and
(b) prohibit the person to whom the lease or licence was issued from applying
for any new lease or licence under this Act during any period the court
considers appropriate.
R.S., 1985, c. 31 (1st Supp.), s. 97; 1991, c. 1, s. 24.
Orders of court
79.2 Where a person is convicted of an offence under this Act, in addition to
any punishment imposed, the court may, having regard to the nature of the
offence and the circumstances surrounding its commission, make an order
containing any one or more of the following prohibitions, directions or
requirements:
(a) prohibiting the person from doing any act or engaging in any activity that
may, in the opinion of the court, result in the continuation or repetition of
the offence;
(b) directing the person to take any action the court considers appropriate to
remedy or avoid any harm to any fish, fishery or fish habitat that resulted or
may result from the commission of the offence;
(c) directing the person to publish, in any manner the court considers
appropriate, the facts relating to the commission of the offence;
(d) directing the person to pay the Minister an amount of money as compensation,
in whole or in part, for the cost of any remedial or preventive action taken by
or caused to be taken on behalf of the Minister as a result of the commission of
the offence;
(e) directing the person to perform community service in accordance with any
reasonable conditions that may be specified in the order;
(f) directing the person to pay Her Majesty an amount of money the court
considers appropriate for the purpose of promoting the proper management and
control of fisheries or fish habitat or the conservation and protection of fish
or fish habitat;
(g) directing the person to post a bond or pay into court an amount of money the
court considers appropriate for the purpose of ensuring compliance with any
prohibition, direction or requirement mentioned in this section;
(h) directing the person to submit to the Minister, on application by the
Minister within three years after the date of the conviction, any information
respecting the activities of the person that the court considers appropriate in
the circumstances; and
(i) requiring the person to comply with any other conditions that the court
considers appropriate for securing the person's good conduct and for preventing
the person from repeating the offence or committing other offences under this
Act.
1991, c. 1, s. 24.
Suspended sentence
79.3 (1) Where a person is convicted of an offence under this Act and the court
suspends the passing of sentence pursuant to paragraph 731(1)(a) of the Criminal
Code, the court may, in addition to any probation order made under that
paragraph, make an order directing the person to comply with any prohibition,
direction or requirement mentioned in section 79.2.
Imposition of sentence
(2) Where a person whose sentence has been suspended fails to comply with an
order made under subsection (1) or is convicted, within three years after the
day on which the order was made, of another offence under this Act, the court
may, on the application of the Attorney General, impose any sentence that could
have been imposed if the passing of sentence had not been suspended.
1991, c. 1, s. 24; 1995, c. 22, s. 17.
Debt due to Her Majesty
79.4 (1) Where the court makes an order under section 79.2 or 79.3 directing a
person to pay an amount of money as compensation or for any other purpose, the
amount and any interest payable on that amount constitute a debt due to Her
Majesty and may be recovered as such in any court of competent jurisdiction.
Publication
(2) Where a person fails to comply with an order made under section 79.2 or 79.3
directing the person to publish the facts relating to the commission of an
offence, the Minister may publish those facts and recover the costs of
publication from the person.
Idem
(3) Where the Minister incurs publication costs under subsection (2), the amount
of the costs and any interest payable on that amount constitute a debt due to
Her Majesty and may be recovered as such in any court of competent jurisdiction.
1991, c. 1, s. 24.
Variation of orders
79.5 (1) A court that has made an order under section 79.2 or 79.3 may, on
application by the Attorney General or the person to whom the order applies,
require the person to appear before it and, after hearing the person and the
Attorney General, vary the order in any of the following ways that the court
considers appropriate because of a change in the circumstances of the person
since the order was made:
(a) change the order or any prohibition, direction or requirement mentioned in
the order;
(b) relieve the person, either absolutely or partially and for any period that
the court considers appropriate, of compliance with any prohibition, direction
or requirement mentioned in the order; or
(c) extend or decrease the period during which the order shall remain in force.
Limitation
(2) Where an application has been heard by a court under subsection (1), no
other application may be made in respect of the same order except with leave of
the court.
1991, c. 1, s. 24.
Offence and punishment
79.6 Every person convicted of an offence under this Act who subsequently
contravenes an order made under section 79.2 or 79.3 is guilty of
(a) an offence punishable on summary conviction and liable to a punishment not
exceeding the maximum punishment to which a person is liable on summary
conviction for the original offence; or
(b) an indictable offence and liable to a punishment not exceeding the maximum
punishment to which a person is liable on conviction on indictment for the
original offence.
1991, c. 1, s. 24.
TICKETABLE OFFENCES
Procedure
79.7 (1) In addition to the procedures set out in the Criminal Code for
commencing a proceeding, proceedings in respect of any offence prescribed by
regulation may be commenced by a fishery officer, fishery guardian or inspector
(a) completing a ticket that consists of a summons portion and an information
portion;
(b) delivering the summons portion of the ticket to the accused or mailing it to
the accused at the accused's latest known address; and
(c) filing the information portion of the ticket with a court of competent
jurisdiction before or as soon as practicable after the summons portion has been
delivered or mailed.
Content of ticket
(2) The summons and information portions of a ticket shall
(a) set out a description of the offence and the time and place of its alleged
commission;
(b) include a statement, signed by the fishery officer, fishery guardian or
inspector who completes the ticket, that the officer, guardian or inspector, as
the case may be, has reasonable grounds to believe that the accused committed
the offence;
(c) set out the amount of the fine prescribed by regulation for the offence and
the manner in which and period within which it may be paid;
(d) include a statement that if the accused pays the fine within the period set
out in the ticket, a conviction will be entered and recorded against the
accused; and
(e) include a statement that if the accused wishes to plead not guilty or for
any other reason fails to pay the fine within the period set out in the ticket,
the accused must appear in the court and at the time set out in the ticket.
Notice of forfeiture
(3) Where any fish or other thing is seized under this Act and proceedings
relating to the fish or thing are commenced by way of the ticketing procedure
described in subsection (1), the fishery officer, fishery guardian or inspector
who completes the ticket shall give written notice to the accused that if the
accused pays the fine prescribed by regulation within the period set out in the
ticket, the fish or thing, or any proceeds realized from its disposition, shall
thereupon be forfeited to Her Majesty.
Consequences of payment
(4) Where an accused to whom the summons portion of a ticket is delivered or
mailed pays the fine prescribed by regulation within the period set out in the
ticket,
(a) the payment constitutes a plea of guilty to the offence described in the
ticket and a conviction shall be entered against the accused and no further
action shall be taken against the accused in respect of that offence; and
(b) notwithstanding sections 71 to 77, any fish or other thing seized from the
accused under this Act relating to the offence described in the ticket, or any
proceeds realized from its disposition, are forfeited to Her Majesty and may be
disposed of as the Minister directs.
Regulations
(5) The Governor in Council may make regulations prescribing
(a) offences under this Act to which this section applies and the manner in
which those offences may be described in tickets; and
(b) the amount of the fine for a prescribed offence, which amount shall not
exceed one thousand dollars.
1991, c. 1, s. 24.
JOINT LIABILITY
Who shall be liable
80. Unless otherwise specified, every proprietor, owner, agent, tenant,
occupier, partner or person actually in charge, either as occupant or servant,
shall be deemed to be jointly and severally liable for any penalties or moneys
recovered under any provision of this Act or the regulations.
R.S., c. F-14, s. 62.
81. [Repealed, 1991, c. 1, s. 25]
LIMITATION OF SUITS
Limitation period
82. (1) Proceedings by way of summary conviction in respect of an offence under
this Act may be instituted at any time within but not later than two years after
the time when the Minister became aware of the subject-matter of the
proceedings.
Minister's certificate
(2) A document purporting to have been issued by the Minister, certifying the
day on which the Minister became aware of the subject-matter of any proceedings,
is admissible in evidence without proof of the signature or of the official
character of the person appearing to have signed the document and, in the
absence of any evidence to the contrary, is proof of the matter asserted in it.
R.S., 1985, c. F-14, s. 82; 1991, c. 1, s. 26.
FORM OF PROCEDURE
Form of procedure
83. Except as otherwise provided in this Act, all penalties and forfeitures
incurred under this Act or any of the regulations are recoverable and
enforceable by summary proceedings taken under the provisions of the Criminal
Code relating to summary convictions.
R.S., c. F-14, s. 65.
No quashing for want of form
84. No proceeding or conviction under this Act or any of the regulations shall
be set aside or quashed on certiorari or otherwise for irregularity or defect in
form, and no warrant of arrest or commitment shall be held void by reason of any
defect therein, if it is therein alleged that the defendant has been convicted
and there is a good and valid conviction to sustain the same.
R.S., c. F-14, s. 66.
APPLICATIONS OF PENALTIES AND FORFEITURES
Penalties and forfeitures
85. The Governor in Council may prescribe the manner in which the proceeds of
penalties and the proceeds of the sale of confiscated things shall be
distributed.
R.S., c. F-14, s. 67.
Appeal in proceedings by indictment
86. (1) For the purpose of Part XXI of the Criminal Code, any order and any
decision not to make an order under subsection 71.1(1), subsection 72(1), (2) or
(3) or section 79, 79.1, 79.2 or 79.3 as well as any sentence passed by the
court under this Act shall be considered a sentence within the meaning of
section 673 of the Criminal Code.
Appeal in summary conviction proceedings
(2) For the purpose of Part XXVII of the Criminal Code, any order and any
decision not to make an order under subsection 71.1(1), subsection 72(1), (2) or
(3) or section 79, 79.1, 79.2 or 79.3 as well as any sentence passed by the
court under this Act shall be considered a sentence within the meaning of
section 785 of the Criminal Code.
R.S., 1985, c. F-14, s. 86; 1991, c. 1, s. 27.
APPLICATION OF ACT TO WATERS OTHER THAN CANADIAN FISHERIES WATERS
Application of Act to High Seas
87. (1) The provisions of this Act and the regulations that apply to any or all
of Canadian fisheries waters, without anything in the context of those
provisions indicating that they apply to any specified area of Canadian
fisheries waters, shall, in relation to any fishing vessel or aircraft on or
over the High Seas that is subject to the jurisdiction of Canada, or any act or
thing done or omitted to be done on, from or by means of any such fishing vessel
or aircraft, be deemed to extend and apply to the High Seas.
Regulations
(2) The Governor in Council may make regulations respecting fisheries located in
waters other than Canadian fisheries waters applicable to vessels or aircraft
subject to the jurisdiction of Canada.
Inconsistency or conflict
(3) Where there is any inconsistency or conflict between any regulations that
apply to the High Seas by virtue of subsection (1) and any regulations made
under subsection (2), the latter regulations prevail to the extent of the
inconsistency or conflict, unless the context otherwise requires.
R.S., c. F-14, s. 69; 1976-77, c. 35, s. 19.
Jurisdiction of courts
88. All courts and justices in Canada have the same jurisdiction with respect to
offences under this Act as they have under sections 610 and 611 of the Canada
Shipping Act with respect to offences under that Act, and those sections apply
to offences under this Act in the same manner and to the same extent as they
apply to offences under the Canada Shipping Act.
R.S., 1985, c. F-14, s. 88; 1990, c. 44, s. 18.
RELATED PROVISIONS
- R.S., 1985, c. 27 (2nd Supp.), s. 11:
Transitional: proceedings
"11. Proceedings to which any of the provisions amended by the schedule apply
that were commenced before the coming into force of section 10 shall be
continued in accordance with those amended provisions without any further
formality."
- R.S., 1985, c. 40 (4th Supp.), s. 2(2):
Transitional- proceedings
"(2) Every proceeding commenced before the coming into force of this section
under a provision amended by the schedule shall be taken up and continued under
and in conformity with the amended provision without any further formality."
- 1990, c. 16, s. 24(1):
Transitional: proceedings
"24. (1) Every proceeding commenced before the coming into force of this
subsection and in respect of which any provision amended by this Act applies
shall be taken up and continued under and in conformity with that amended
provision without any further formality."
- 1990, c. 17, s. 45(1):
Transitional: proceedings
"45. (1) Every proceeding commenced before the coming into force of this
subsection and in respect of which any provision amended by this Act applies
shall be taken up and continued under and in conformity with that amended
provision without any further formality."
- 1998, c. 30, s. 10:
Transitional - proceedings
10. Every proceeding commenced before the coming into force of this section and
in respect of which any provision amended by sections 12 to 16 applies shall be
taken up and continued under and in conformity with that amended provision
without any further formality.
AMENDMENTS NOT IN FORCE
- 1992, c. 47, s. 84 (Sch., s. 3):
1991, c. 1, s. 24
3. The heading preceding section 79.7 and section 79.7 are repealed.
- 2000, c. 7, ss. 22, 23:
22. Section 5 of the Fisheries Act is amended by adding the following after
subsection (3):
Nisga'a laws
(4) The powers and protections that a fishery officer or fishery guardian has
under this or any other Act of Parliament, including the powers and protections
of a peace officer under the Criminal Code, apply to a fishery officer or
fishery guardian enforcing Nisga'a laws made under the Fisheries Chapter of the
Nisga'a Final Agreement given effect by the Nisga'a Final Agreement Act.
23. The Act is amended by adding the following after section 33:
Definition of "fishing plan"
33.1 (1) In this section, "fishing plan" means a Nisga'a annual fishing plan, as
defined in the Fisheries Chapter of the Nisga'a Final Agreement given effect by
the Nisga'a Final Agreement Act, that is approved, or varied and approved, by
the Minister in accordance with that Agreement.
Contravention of fishing plan
(2) Where a fishing plan stipulates that this subsection applies to certain of
its provisions relating to persons engaged in harvesting, sale or related
activities, no person shall contravene any of those provisions.
Conditions of prosecution
(3) No proceedings may be commenced in respect of an offence for the
contravention of subsection (2)
(a) except in accordance with an agreement, made under paragraph 93 of the
Fisheries Chapter of the Nisga'a Final Agreement, concerning enforcement of
federal laws or Nisga'a laws; or
(b) unless the Minister, or a person appointed to a position in the Department
of Fisheries and Oceans who is authorized by the Minister, considers such
proceedings to be necessary to ensure compliance with the fishing plan.