Fisheries Act (R.S.C., 1985, c. F-14)

Act current to 2013-05-26 and last amended on 2012-06-29. Previous Versions

Marginal note:Due diligence defence

78.6 No person shall be convicted of an offence under this Act if the person establishes that the person

  • (a) exercised all due diligence to prevent the commission of the offence; or

  • (b) reasonably and honestly believed in the existence of facts that, if true, would render the person’s conduct innocent.

  • 1991, c. 1, s. 24.
Marginal note:Additional fine

79. Where a person is convicted of an offence under this Act and the court is satisfied that as a result of committing the offence the person acquired monetary benefits or monetary benefits accrued to the person, the court may, notwithstanding the maximum amount of any fine that may otherwise be imposed under this Act, order the person to pay an additional fine in an amount equal to the court’s finding of the amount of those monetary benefits.

  • R.S., 1985, c. F-14, s. 79;
  • 1991, c. 1, s. 24.
Marginal note:Lease or licence cancelled, etc.

79.1 Where a person is convicted of an offence under this Act in respect of any matter relating to any operations under a lease or licence issued pursuant to this Act or the regulations, in addition to any punishment imposed, the court may, by order,

  • (a) cancel the lease or licence or suspend it for any period the court considers appropriate; and

  • (b) prohibit the person to whom the lease or licence was issued from applying for any new lease or licence under this Act during any period the court considers appropriate.

  • R.S., 1985, c. 31 (1st Supp.), s. 97;
  • 1991, c. 1, s. 24.
Marginal note:Orders of court

79.2 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.