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Marginal note:Saving

2.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

Marginal note:Consultation

• 50 (1) Before fixing a fee under this Act, the Minister shall consult with such persons or bodies as the Minister considers to be interested in the matter.

• Marginal note:Publication

  (2) The Minister shall, within 30 days after fixing a fee under this Act, publish the fee in the Canada Gazette and by such appropriate electronic or other means that the Treasury Board may authorize by regulation.

• Marginal note:Reference to Scrutiny Committee

  (3) Any fee fixed under this Act shall stand referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.

Marginal note:Continuing offence

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• Marginal note:Fines cumulative

  (2) If a person is convicted of an offence involving more than one animal, plant, other organism or object, the fine to be imposed in respect of that offence may be, despite section 39.6, the total of the fines that would have been imposed if each of the animals, plants, organisms or objects had been the subject of a separate information.

• Marginal note:Additional fine

  (3) If a person is convicted of an offence and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court shall order them to pay an additional fine in an amount equal to the court’s estimation of the value of that property, benefit or advantage. The additional fine may exceed the maximum amount of any fine that may otherwise be imposed under section 39.6.

• Marginal note:Deeming — second and subsequent offence

  (4) A conviction for a particular offence under section 39.6 is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the person has been previously convicted — under any Act of Parliament or an Act of a provincial legislature that relates to environmental or wildlife protection or conservation — of a substantially similar offence.

• Marginal note:Application

  (5) Subsection (4) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under an Act of a provincial legislature.

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Marginal note:Powers, duties and functions of Minister

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• Marginal note:Security of Canada Information Sharing Act

  (3) In carrying out activities in relation to the maritime domain, the Minister may receive information that

  • (a) relates to activities that undermine the security of Canada, as defined in section 2 of the Security of Canada Information Sharing Act; and

  • (b) is relevant to his or her support of a Government of Canada institution, as defined in that section, that has jurisdiction or responsibilities under an Act of Parliament or another lawful authority in respect of those activities, including their detection, identification, analysis, prevention, investigation or disruption.

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Marginal note:Powers

43 Subject to section 4 of the Department of Fisheries and Oceans Act respecting the powers, duties and functions of the Minister in relation to matters mentioned in that section over which Parliament has jurisdiction, the Minister

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• (b) in carrying out his or her responsibilities under this section, may

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