Fisheries Act (R.S.C., 1985, c. F-14)

Act current to 2014-10-27 and last amended on 2013-11-25. Previous Versions

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.