Fisheries Act (R.S.C., 1985, c. F-14)

Act current to 2016-04-12 and last amended on 2016-04-05. Previous Versions

Obstruction and False Information

Marginal note:Obstruction

 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.
Marginal note:False statements
  •  (1) No person shall make a false or misleading statement, whether orally or in writing, to an inspector, a fishery officer, a fishery guardian, any authority designated by a fishery officer or a fishery guardian or any authority prescribed under paragraph 38(9)(a) or (b) who is carrying out duties or functions under this Act.

  • Marginal note: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.

  • Marginal note: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;
  • 2012, c. 19, s. 151.

 [Repealed, 1991, c. 1, s. 18]

 [Repealed, 2012, c. 19, s. 152]

 [Repealed, 2012, c. 19, s. 152]

 [Repealed, 1991, c. 1, s. 20]

 [Repealed, 2012, c. 19, s. 153]

Disposition of Seized Things

Marginal note:Custody of seized things
  •  (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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Detention of seized things
  •  (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.

  • Marginal note: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.

  • Marginal note: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).

  • Marginal note: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.
Marginal note:Recovery of costs
  •  (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.

  • Marginal note: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.
Marginal note:Forfeiture of things
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Disposal of forfeited things
  •  (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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Return of things not forfeited
  •  (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.

  • Marginal note: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.
Marginal note:Release of seized fish

 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.
 
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