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Marginal note:Jurisdiction extended

• 22 (1) Subject to subsection (4) and to any regulations made pursuant to paragraph 26(1)(h), a court that would have jurisdiction in respect of any matter had the matter arisen in a province has jurisdiction in respect of any such matter involving a federal law that applies pursuant to this Act to the extent that the matter arises in whole or in part in any area of the sea that is not within any province and

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• Marginal note:Jurisdiction extended — provincial laws

  (2) Subject to any regulations made pursuant to paragraph 26(1)(h), a court that would have jurisdiction in respect of any matter had the matter arisen in a province has jurisdiction in respect of any such matter involving a law of the province that applies pursuant to this Act to the extent that the matter arises in whole or in part in any area of the sea to which the law of that province applies pursuant to this Act.

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• Marginal note:Criminal offences

  (4) The jurisdiction and powers of courts with respect to offences under any federal law are determined pursuant to sections 477.3, 481.1 and 481.2 of the Criminal Code.

• Marginal note:Saving

  (5) Nothing in this section limits the jurisdiction that a court may exercise apart from this Act.

• Marginal note:Definition of court

  (6) In this section, court includes a judge of a court and a justice of the peace.

Marginal note:Custody of things seized

• 39.3 (1) Subject to subsections (2) to (3.1), if an enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code,

  • (a) sections 489.1 and 490 of the Criminal Code apply; and

  • (b) the enforcement officer, or any person that the officer may designate, shall retain custody of the thing, subject to any order made under section 490 of the Criminal Code.

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• (3) Where the seized thing is perishable, the enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be

  • (a) paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within ninety days after its seizure; or

• Marginal note:Release of seized fish

  (3.1) The enforcement officer who seizes any fish as defined in subsection 2(1) of the Fisheries Act may, at the time of the seizure, return to the water any fish that they believe to be alive.

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Marginal note:Custody of things seized

• 39.3 (1) Subject to subsections (2) and (3), where an enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code,

  • (a) sections 489.1 and 490 of the Criminal Code apply; and

  • (b) the enforcement officer, or any person that the officer may designate, shall retain custody of the thing, subject to any order made under section 490 of the Criminal Code.

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• (3) Where the seized thing is perishable, the enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be

  • (a) paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within ninety days after its seizure; or

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Marginal note:Inspections

• 39.1 (1) For a purpose related to verifying compliance or preventing non-compliance with this Act and the regulations, an enforcement officer may enter and inspect any place, including any conveyance, in which the enforcement officer has reasonable grounds to believe, that there is any thing to which this Act or the regulations apply or any book, record, electronic data or other document relating to the application of this Act or the regulations, and the enforcement officer may, for that purpose,

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• (1.2) For the purposes of subsection (1), the enforcement officer may seize any thing that the enforcement officer has reasonable grounds to believe

  • (a) was used in the contravention of this Act or the regulations;

  • (b) is something in relation to which this Act or the regulations have been contravened; or

  • (c) was obtained by the contravention of this Act or the regulations.

• (1.3) The owner or the person in charge of the place, and every person found in the place, shall

  • (a) give the enforcement officer all assistance that is reasonably required to enable the officer to exercise their powers or to perform their duties or functions under this section; and

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• Marginal note:Passage through private property by authorized person

  (2.2) A person acting under the direction and control of an enforcement officer may, for the purposes of exercising the officer’s powers or performing the officer’s duties and functions under this section, enter and pass through private property, other than a dwelling-place, in order to gain entry to a marine protected area. For greater certainty, the person is not liable for doing so.

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• Marginal note:Warrant

  (4) Where on ex parte application a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath that

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  • (b) entry to the dwelling-place is necessary in relation to the administration of this Act or the regulations, and

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Marginal note:Inspections

• 39.1 (1) For the purpose of ensuring compliance with this Act and the regulations, an enforcement officer may, subject to subsection (3), at any reasonable time enter and inspect any place in which the enforcement officer believes, on reasonable grounds, there is any thing to which this Act or the regulations apply or any document relating to the administration of this Act or the regulations, and the enforcement officer may

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  • (d) seize any thing by means of or in relation to which the enforcement officer believes, on reasonable grounds, this Act or the regulations have been contravened or that the enforcement officer believes, on reasonable grounds, will provide evidence of a contravention.

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• Marginal note:Warrant

  (4) Where on ex parte application a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath that

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  • (b) entry to the dwelling-place is necessary in relation to the administration of this Act or the regulations, and

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