Fisheries Act (R.S.C., 1985, c. F-14)

Act current to 2017-12-11 and last amended on 2016-04-05. Previous Versions

Marginal note:Orders of court

 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.
Marginal note:Suspended sentence
  •  (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.

  • Marginal note: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.
Marginal note:Debt due to Her Majesty
  •  (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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Variation of orders
  •  (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.

  • Marginal note: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.
Marginal note:Offence and punishment

 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

Marginal note:Procedure
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
 
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