Fishery (General) Regulations (SOR/93-53)
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Regulations are current to 2013-04-29 and last amended on 2013-03-08. Previous Versions
PART X
REMOVAL OF OBSTRUCTIONS TO THE PASSAGE OF FISH
59. Where the Minister is satisfied that any natural obstruction that exists in any waters is interfering or is likely to interfere with the free passage of fish, the Minister may cause the obstruction to be removed in whole or in part.
PART XI
PENALTIES AND FORFEITURES PROCEEDS
To Government of Canada
60. (1) Where an information is laid by a fishery officer or a fishery guardian employed by the Government of Canada relating to an offence under the Act, the payment of the proceeds of any penalty imposed arising from a conviction for the offence shall be made to the Minister.
(2) Where an information is laid by a fishery officer or a fishery guardian employed by the Government of Canada relating to an offence under the Act, the payment of any proceeds of the sale of any forfeited articles arising from a conviction for the offence shall be made to the Minister.
To Provincial Government
61. (1) Where an information is laid by a fishery officer or a fishery guardian employed by a provincial government relating to an offence under the Act and all of the expenses incurred in the prosecution of the offence are paid by the provincial government, the payment of the proceeds of any penalty imposed arising from a conviction for that offence shall be made to that provincial government.
(2) Where an information is laid by a fishery officer or a fishery guardian employed by a provincial government relating to an offence under the Act and all of the expenses incurred in the prosecution of the offence and in connection with the custody and disposal of any forfeited articles are paid by the provincial government, the payment of any proceeds of the sale of the forfeited articles arising from a conviction for that offence shall be made to that provincial government.
To Persons
62. (1) Where an information is laid by a person in circumstances other than those referred to in section 60 or 61 relating to an offence under the Act, the payment of the proceeds of any penalty imposed arising from a conviction for the offence shall be made
(a) one half to the person; and
(b) one half to the Minister or, where all of the expenses incurred in the prosecution of the offence are paid by a provincial government, to that provincial government.
(2) Where an information is laid by a person in circumstances other than those referred to in section 60 or 61 relating to an offence under the Act, the payment of any proceeds of the sale of any forfeited articles arising from a conviction for the offence shall be made, net of any expenses incurred in connection with the custody and sale of the forfeited articles,
(a) one half to the person; and
(b) one half to the Minister or, where all of the expenses incurred in the prosecution of the offence are paid by a provincial government, to that provincial government.
PART XII
TICKETABLE OFFENCES
Prescribed Offences
63. The contravention of any provision of these Regulations set out in column I of an item of Schedule VIII is an offence to which section 79.7 of the Act applies and which may be described in tickets in the manner set out in column II of that item.
Fines
64. Where proceedings are commenced under section 79.7 of the Act, the amount of the fine for an offence described in column II of an item of Schedule VIII is the amount set out in column III of that item.
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