Coastal Fisheries Protection Act (R.S.C., 1985, c. C-33)

Act current to 2016-01-25 and last amended on 2007-07-01. Previous Versions

Inspection, Arrest, Seizure and Forfeiture

Marginal note:Boarding by protection officer

 A protection officer may

  • (a) for the purpose of ensuring compliance with this Act and the regulations, board and inspect any fishing vessel found within Canadian fisheries waters or the NAFO Regulatory Area; and

  • (b) with a warrant issued under section 7.1, search any fishing vessel found within Canadian fisheries waters or the NAFO Regulatory Area and its cargo.

  • R.S., 1985, c. C-33, s. 7;
  • R.S., 1985, c. 31 (1st Supp.), s. 5;
  • 1994, c. 14, s. 4.
Marginal note:Enforcement on high seas for unauthorized fishing in Canadian fisheries waters
  •  (1) If a protection officer believes on reasonable grounds that a fishing vessel of a participating state or of a state party to a treaty or an arrangement described in paragraph 6(f) has engaged in unauthorized fishing in Canadian fisheries waters and the officer finds the vessel in an area of the sea designated under subparagraph 6(e)(ii) or (f)(ii), the officer may, with the consent of that state, take any enforcement action that is consistent with this Act.

  • Marginal note:Powers in case of pursuit not affected

    (2) Subsection (1) does not affect any powers the protection officer may have in the case of pursuit that began while the vessel was in Canadian fisheries waters.

  • 1999, c. 19, s. 4.
Marginal note:Search
  •  (1) A justice of the peace who on ex parte application is satisfied by information on oath that there are reasonable grounds to believe that there is in any place, including any premises, vessel or vehicle, any fish or other thing that was obtained by or used in, or that will afford evidence in respect of, a contravention of this Act or the regulations, may issue a warrant authorizing the protection officer named in the warrant to enter and search the place for the fish or other thing subject to any conditions that may be specified in the warrant.

  • Marginal note:Where warrant not necessary

    (2) A protection officer may exercise the powers referred to in paragraph 7(b) without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant.

  • 1994, c. 14, s. 4.
Marginal note:Arrest

 A protection officer may arrest without warrant any person who the officer believes on reasonable grounds has committed an offence under this Act.

  • R.S., 1985, c. C-33, s. 8;
  • 1999, c. 19, s. 5.
Marginal note:Use of force

 A protection officer may, in the manner and to the extent prescribed by the regulations, use force that is intended or is likely to disable a foreign fishing vessel, if the protection officer

  • (a) is proceeding lawfully to arrest the master or other person in command of the vessel; and

  • (b) believes on reasonable grounds that the force is necessary for the purpose of arresting that master or other person.

  • 1994, c. 14, s. 5.
Marginal note:Seizure

 A protection officer who believes on reasonable grounds that an offence under this Act has been committed may seize

  • (a) any fishing vessel by means of or in relation to which the officer believes on reasonable grounds the offence was committed;

  • (b) any goods aboard a fishing vessel described in paragraph (a), including fish, tackle, rigging, apparel, furniture, stores and cargo; or

  • (c) any fishing vessel described in paragraph (a) and any of the goods described in paragraph (b).

  • R.S., 1985, c. C-33, s. 9;
  • 1999, c. 19, s. 6.
Marginal note:Custody of seized vessels and goods

 Subject to section 11, any fishing vessel and goods seized pursuant to section 9 shall be retained in the custody of the protection officer who made the seizure or delivered into the custody of such person as the Minister may direct.

  • R.S., c. C-21, s. 6.
Marginal note:Perishable goods

 Where fish or any other perishable articles are seized pursuant to section 9, the protection officer or other person having the custody thereof may sell them, and the proceeds of the sale shall be paid to the Receiver General or deposited in a bank to the credit of the Receiver General.

  • R.S., c. C-21, s. 6.
Marginal note:Return if no proceedings instituted

 Any fishing vessel or goods seized pursuant to section 9 or the proceeds realized from a sale pursuant to section 11 shall be returned or paid to the person from whom the fishing vessel or goods were seized if the Minister decides not to institute a prosecution in respect of an offence under this Act, and in any event shall be so returned or paid on the expiration of three months after the day of seizure unless before that time proceedings in respect of the offence are instituted.

  • R.S., c. C-21, s. 6.
Marginal note:Redelivery pending proceedings

 Where a fishing vessel or goods have been seized pursuant to section 9 and proceedings in respect of an offence under this Act have been instituted, the court or judge may, with the consent of the protection officer who made the seizure, order redelivery thereof to the person from whom the fishing vessel or goods were seized on security by bond, with two sureties, in an amount and form satisfactory to the Minister, being given to Her Majesty.

  • R.S., c. C-21, s. 6.
Marginal note:Forfeiture

 When a person or a fishing vessel is convicted of an offence under this Act, the convicting court or judge may, in addition to any other punishment imposed, order that

  • (a) any fishing vessel seized pursuant to section 9 by means of or in relation to which the offence was committed,

  • (b) any goods aboard a fishing vessel described in paragraph (a), including fish, tackle, rigging, apparel, furniture, stores and cargo, or, if any of the goods have been sold pursuant to section 11, the proceeds thereof, or

  • (c) any fishing vessel described in paragraph (a) and any of the goods described in paragraph (b), or the proceeds thereof,

be forfeited, and on the making of the order the fishing vessel, goods or proceeds so ordered to be forfeited are forfeited to Her Majesty in right of Canada.

  • R.S., 1985, c. C-33, s. 14;
  • 1999, c. 19, s. 7(E).
Marginal note:Disposal of forfeited vessel or goods

 Where proceedings in respect of an offence under this Act have been instituted and a fishing vessel or goods are at the final conclusion of the proceedings ordered to be forfeited, they may be disposed of as the Minister directs.

  • R.S., c. C-21, s. 6.
Marginal note:Return if no forfeiture ordered
  •  (1) Where a fishing vessel or goods have been seized pursuant to section 9 and proceedings in respect of an offence under this Act have been instituted, but the fishing vessel or goods or any proceeds realized from a sale pursuant to section 11 are not at the final conclusion of the proceedings ordered to be forfeited, they shall, subject to subsection (2), be returned or the proceeds shall be paid to the person from whom the fishing vessel or goods were seized.

  • Marginal note:Exception in case of conviction and fine

    (2) Where the proceedings referred to in subsection (1) result in a conviction and a fine is imposed, the fishing vessel or goods may be detained until the fine is paid, the fishing vessel and the goods may be sold under execution in satisfaction of the fine or the proceeds realized from a sale of any of the goods pursuant to section 11 may be applied in payment of the fine.

  • R.S., c. C-21, s. 6.
Marginal note:Powers of protection officer re: fishing vessel of a state that is party to the Agreement, a treaty or an arrangement

 Despite the geographic limitations referred to in section 7, any power conferred on a protection officer by or under this Act may be exercised by the officer

  • (a) subject to section 16.2 and to any regulation made under subparagraph 6(e)(iii), in respect of a fishing vessel of a participating state found in an area of the sea designated under subparagraph 6(e)(ii);

  • (b) subject to any regulation made under subparagraph 6(f)(iii), in respect of a fishing vessel of a state party to a treaty or an arrangement described in paragraph 6(f) when the vessel is found in an area of the sea designated under subparagraph 6(f)(ii); or

  • (c) in respect of a fishing vessel without nationality found in an area of the sea designated under subparagraph 6(e)(ii) or (f)(ii).

  • 1999, c. 19, s. 8.
Marginal note:Powers of protection officer
  •  (1) A protection officer may, in an area of the sea designated under subparagraph 6(e)(ii), board and inspect a fishing vessel of a participating state to ensure compliance with section 5.3 and any regulations made under subparagraph 6(e)(i). An officer who believes on reasonable grounds that the vessel has contravened section 5.3 may, with a warrant issued under section 7.1 or without a warrant in exigent circumstances, search the vessel and exercise the power under section 9 to seize evidence.

  • Marginal note:Notice to participating state

    (2) If the protection officer believes on reasonable grounds that the vessel has contravened section 5.3, the officer shall without delay inform the participating state.

  • Marginal note:Deemed consent

    (3) In addition to the powers referred to in subsection (1), a protection officer may, with the consent of the participating state, exercise any powers referred to in section 16.1. The officer is deemed to have received the consent of the state if the state

    • (a) has not responded within the period prescribed by regulation; or

    • (b) has responded but is not fully investigating the alleged contravention.

  • 1999, c. 19, s. 8.
 
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