Fisheries Act

Version of section 40 from 2012-06-29 to 2013-11-24:

Marginal note:Offence and punishment
  •  (1) Every person who contravenes subsection 35(1) is guilty of

    • (a) an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding three hundred thousand dollars and, for any subsequent offence, to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding six months, or to both; or

    • (b) an indictable offence and liable, for a first offence, to a fine not exceeding one million dollars and, for any subsequent offence, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding three years, or to both.

  • Marginal note:Idem

    (2) Every person who contravenes subsection 36(1) or (3) is guilty of

    • (a) an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding three hundred thousand dollars and, for any subsequent offence, to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding six months, or to both; or

    • (b) an indictable offence and liable, for a first offence, to a fine not exceeding one million dollars and, for any subsequent offence, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding three years, or to both.

  • Marginal note:Other offences

    (3) Every person who

    • (a) in carrying on a work, undertaking or activity, fails to comply with a prescribed condition of an authorization under paragraph 35(2)(a) or (c), with a condition established by the Minister under paragraph 35(2)(b), or with a condition set out in the regulations or established under any other authorization issued under this Act,

    • (a.1) fails to provide any material or information as requested by the Minister under subsection 37(1) within a reasonable time after the request is made,

    • (b) fails to provide or submit any material, information or report that is to be provided or submitted under regulations made pursuant to subsection 37(3),

    • (c) fails to provide notification that he or she is required to provide under subsection 38(4) or (5),

    • (d) carries on any work, undertaking or activity described in subsection 37(1)

      • (i) otherwise than in accordance with any material or information relating to the work, undertaking or activity that he or she provides to the Minister under subsection 37(1),

      • (ii) otherwise than in accordance with any such material or information as required to be modified by any order of the Minister under paragraph 37(2)(a), or

      • (iii) contrary to any order made by the Minister under subsection 37(2),

    • (e) fails to take any reasonable measures that he or she is required to take under subsection 38(6) or fails to take those measures in the required manner,

    • (f) fails to provide a report that he or she is required to provide under subsection 38(7), or

    • (g) fails to comply with the whole or any part of a direction of an inspector or a fishery officer under subsection 38(7.1),

    is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding two hundred thousand dollars and, for any subsequent offence, to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding six months, or to both.

  • (4) [Repealed, 1991, c. 1, s. 10]

  • Marginal note:Matters of proof

    (5) For the purpose of any proceedings for an offence under subsection (2) or (3),

    • (a) a "deposit" as defined in subsection 34(1) takes place whether or not any act or omission resulting in the deposit is intentional; and

    • (b) no water is "water frequented by fish", as defined in subsection 34(1), where proof is made that at all times material to the proceedings the water is not, has not been and is not likely to be frequented in fact by fish.

  • R.S., 1985, c. F-14, s. 40;
  • 1991, c. 1, s. 10;
  • 2012, c. 19, s. 147.
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