Fisheries Act (R.S.C., 1985, c. F-14)

Act current to 2016-08-15 and last amended on 2016-04-05. Previous Versions

Joint Liability

Marginal note:Who shall be liable

 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.

 [Repealed, 1991, c. 1, s. 25]

Limitation of Suits

Marginal note:Limitation period

 A proceeding by way of summary conviction in respect of an offence under this Act may not be commenced later than five years after the day on which the offence was committed.

  • R.S., 1985, c. F-14, s. 82;
  • 1991, c. 1, s. 26;
  • 2012, c. 19, s. 154.

Form of Procedure

Marginal note:Form of procedure

 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.
Marginal note:No quashing for want of form

 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

Marginal note:Penalties and forfeitures

 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.
Marginal note:Appeal in proceedings by indictment
  •  (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.

  • Marginal note: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

Marginal note:Application of Act to High Seas
  •  (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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note:Jurisdiction of courts

 All courts and justices in Canada have the same jurisdiction with respect to offences under this Act as they have under sections 257 and 258 of the Canada Shipping Act, 2001 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, 2001.

  • R.S., 1985, c. F-14, s. 88;
  • 1990, c. 44, s. 18;
  • 2001, c. 26, s. 302.

Incorporation by Reference

Marginal note:Externally produced material
  •  (1) A regulation made under this Act may incorporate by reference material produced by a person or body other than the Minister, including by a government, a government agency or an international body.

  • Marginal note:Jointly produced material

    (2) A regulation made under this Act may incorporate by reference material produced jointly by the Minister and a government or government agency for the purpose of harmonizing the regulation with other laws.

  • Marginal note:Internally produced standards

    (3) A regulation made under this Act may incorporate by reference technical or explanatory material produced by the Minister, such as specifications, test methods, procedures, construction standards, operational standards, safety standards and performance standards of a technical nature.

  • Marginal note:Incorporation as amended from time to time

    (4) Material may be incorporated by reference as it exists on a particular date or as it is amended from time to time.

  • Marginal note:Transmission and publication

    (5) For greater certainty, a document that is incorporated by reference in a regulation is not required to be transmitted for registration or publication in the Canada Gazette by reason only that it is incorporated by reference.

  • Marginal note:Interpretation

    (6) Subsections (1) to (5) do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

  • 2012, c. 19, s. 155.
Marginal note:Defence

 A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in a regulation is relevant unless, at the time of the alleged contravention, it was accessible as required by section 91 or was accessible to the person.

  • 2012, c. 19, s. 155.
Marginal note:Accessibility of incorporated documents

 The Minister shall ensure that any document that is incorporated by reference under subsection 89(1) is accessible.

  • 2012, c. 19, s. 155.
 
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