Fisheries Act (R.S.C., 1985, c. F-14)

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

Marginal note: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.

Marginal note: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).