Marginal note:Disposition

11. If any fish, marine plant or other thing that is perishable or susceptible to deterioration is seized under section 9, the protection officer or other person having the custody of the thing may dispose of it in any manner that he or she considers appropriate and any proceeds shall be paid to the Receiver General or deposited in a bank to the credit of the Receiver General.

Marginal note:Return — things seized under subsection 9(1)

• 12. (1) Any fishing vessel or goods seized under subsection 9(1) or the proceeds realized from a sale of the vessel or goods under section 11 shall be returned or paid to the person from whom the fishing vessel or goods were seized if the Minister decides not to institute a prosecution in respect of an offence under this Act and, in any event, shall be so returned or paid on the expiry of three months after the day on which the seizure is made unless before that time proceedings in respect of the offence are instituted.

• Marginal note:Return or payment subject to section 16.7

  (2) In any event, the return of the fishing vessel or goods or the payment of the proceeds from the sale of the fishing vessel or goods are subject to section 16.7.

• Marginal note:Order to extend period of detention

  (3) A court may, by order, permit the vessel or goods seized under subsection 9(1) or the proceeds realized from a sale of the vessel or goods under section 11 to be detained for any further period that may be specified in the order if the Minister makes a request to that effect before the end of the period of detention in question and if the court is satisfied that it is justified in the circumstances.

Marginal note:Return — things seized under subsection 9(2)

• 12.1 (1) Subject to section 16.7, any fish, marine plant or other thing seized under subsection 9(2) or the proceeds realized from a sale of the fish, marine plant or other thing under section 11 shall be returned or paid to the person from whom the fish, marine plant or other thing was seized on the expiry of three months after the day on which the seizure is made unless before that time an application referred to in subsection 16.01(1) is filed.

• Marginal note:Order to extend period of detention

  (2) A court may, by order, permit the fish, marine plant or other thing seized under subsection 9(2) or the proceeds realized from a sale of the fish, marine plant or other thing under section 11 to be detained for any further period that may be specified in the order if the Minister makes a request to that effect before the end of the period of detention in question and if the court is satisfied that it is justified in the circumstances.

Marginal note:Redelivery pending proceedings

13. If a fishing vessel or goods have been seized under subsection 9(1) and proceedings in respect of an offence under this Act have been instituted, the court or judge may, with the consent of the protection officer who made the seizure, order redelivery of the fishing vessel or goods to the person from whom the fishing vessel or goods were seized on security by bond, with two sureties, in an amount and form satisfactory to the Minister, being given to Her Majesty.

• (a) any fishing vessel seized under paragraph 9(1)(a) by means of or in relation to which the offence was committed, or, if the vessel has been sold, the proceeds of the sale,

• (b) any goods aboard a fishing vessel described in paragraph (a), including fish, marine plants, tackle, rigging, apparel, furniture, stores and cargo, or, if any of the goods have been sold under section 11, the proceeds of the sale,

• (b.1) any goods seized under paragraph 9(1)(b) in any other place, including fish, marine plants, tackle, rigging, apparel, furniture, stores and cargo, by means of or in relation to which the offence was committed, or that were obtained by or used in the commission of the offence, or, if any of the goods have been sold under section 11, the proceeds of the sale, or

• (c) any fishing vessel described in paragraph (a), or the proceeds of the sale of the vessel, and any of the goods described in paragraph (b) or (b.1), or the proceeds of the sale of the goods,

Marginal note:Return if no forfeiture ordered

• 16. (1) If a fishing vessel or goods have been seized under subsection 9(1) and proceedings in respect of an offence under this Act have been instituted, but the fishing vessel or goods or any proceeds realized from a sale of the fishing vessel or goods under section 11 are not ordered to be forfeited at the final conclusion of the proceedings, they shall, subject to subsection (2) and to section 16.7, be returned or the proceeds shall be paid to the person from whom the fishing vessel or goods were seized.

Marginal note:Forfeiture — seizure under subsection 9(2)

• 16.01 (1) A justice, as defined in section 2 of the Criminal Code, on ex parte application by a protection officer, may order the forfeiture to Her Majesty in right of Canada of any fish, marine plant or other thing seized under subsection 9(2) or of the proceeds realized from a sale under section 11 of that fish, marine plant or other thing, if the justice is satisfied by information on oath that

  • (a) there are reasonable grounds to believe that the fish, marine plant or other thing was obtained by or used in, or will afford evidence in respect of, a contravention of a law related to fisheries of a foreign state, any conservation or management measures of a fisheries management organization or an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement; and

  • (b) the foreign fishing vessel’s flag state does not object to the forfeiture.

• Marginal note:Presumption

  (2) The foreign fishing vessel’s flag state is deemed to not object to the forfeiture if the protection officer has informed the flag state of his or her intention to request the forfeiture and the flag state has not communicated its objection within the period prescribed by regulation.

• Marginal note:Notice

  (3) Before making the order, the justice may require that notice of the application be given to any person who has an interest in the application in order to allow that person the opportunity to make representations.

• Marginal note:Disposal

  (4) Once forfeited, the fish, marine plant or other thing shall be disposed of as the Minister directs.

• Marginal note:Return if no forfeiture ordered

  (5) Any fish, marine plant or other thing seized under subsection 9(2) or the proceeds realized from a sale of the fish, marine plant or other thing under section 11 that are not ordered to be forfeited shall, subject to section 16.7, be returned, or the proceeds shall be paid, to the person from whom the fish, marine plant or other thing was seized.

Marginal note:Protection officer’s powers

16.1 Any power conferred on a protection officer by or under this Act may be exercised by the officer

• (a) subject to section 16.2 and to any regulation made under subparagraph 6(e)(iii), in respect of a fishing vessel of a state party to the Fish Stocks Agreement that is found in an area of the sea designated under subparagraph 6(e)(ii);

Marginal note:Protection officer’s powers

• 16.2 (1) A protection officer may, in an area of the sea designated under subparagraph 6(e)(ii), for a purpose related to verifying compliance with section 5.3 and any regulations made under subparagraph 6(e)(i), board a fishing vessel of a state party to the Fish Stocks Agreement and exercise the powers referred to in subsection 7.1(3).

• Marginal note:Search

  (1.1) If the protection officer has reasonable grounds to believe that the fishing vessel has contravened section 5.3, the officer may, with a warrant issued under section 7.6 or without a warrant in exigent circumstances, search the fishing vessel and exercise the power under subsection 9(1) to seize evidence.

• Marginal note:Notice

  (2) If the protection officer has reasonable grounds to believe that the fishing vessel has contravened section 5.3, the officer shall without delay inform the state party to the Fish Stocks Agreement.

• Marginal note:Consent

  (3) In addition to the powers referred to in subsections (1) and (1.1), a protection officer may, with the consent of the state party to the Fish Stocks Agreement, exercise any powers referred to in section 16.1. The officer is deemed to have received the consent of the state if the state has not responded within the period prescribed by regulation or has responded but is not fully investigating the alleged contravention.

Marginal note:Forfeiture — treaty or arrangement

• 16.3 (1) A justice, as defined in section 2 of the Criminal Code, on ex parte application by a protection officer, may order the forfeiture to Her Majesty in right of Canada of any fish or marine plant detained by a protection officer if the justice is satisfied by information on oath that

  • (a) the detention of the fish or marine plant is consistent with an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement;

  • (b) the forfeiture of the fish or marine plant is consistent with the treaty or arrangement; and

  • (c) the foreign fishing vessel’s flag state has not provided the Minister, within the time period required by the treaty or arrangement, with the information required by the treaty or the arrangement to prevent the forfeiture.

• Marginal note:Notice

  (2) Before making the order, the justice may require that notice of the application be given to any person who has an interest in the application in order to allow that person the opportunity to make representations.

• Marginal note:Disposal

  (3) Once forfeited, the fish or marine plant shall be disposed of as directed by the Minister.

INFORMATION

Marginal note:Disclosure

16.4 The Minister may disclose to a foreign fishing vessel’s flag state, to the state of nationality of the foreign fishing vessel’s master or to a coastal state, fisheries management organization, organization of states or international organization information that relates to any of the following:

• (a) a refusal to authorize the foreign fishing vessel to enter Canadian fisheries waters;

• (b) a suspension, amendment or cancellation of an authorization granted to the foreign fishing vessel;

• (c) a change to a decision referred to in paragraph (a) or (b);

• (d) the outcome of any proceeding relating to a decision referred to in any of paragraphs (a) to (c);

• (e) an inspection report in respect of the foreign fishing vessel;

• (f) an enforcement action taken by a protection officer in respect of the foreign fishing vessel.

Marginal note:Measures — Canadian fishing vessel

16.5 The Minister may disclose to a party to the Port State Measures Agreement, coastal state, fisheries management organization or international organization information relating to any measure that is taken under the Fisheries Act in respect of a Canadian fishing vessel in response to a measure that is taken, in respect of that vessel, by another state under the Port State Measures Agreement .

Marginal note:Canada Border Services Agency

16.6 For a purpose related to verifying compliance with this Act, the Minister may disclose to the Canada Border Services Agency information relating to the importation of any fish or marine plant.

Marginal note:Sending abroad

• 16.7 (1) A justice, as defined in section 2 of the Criminal Code, on ex parte application by a protection officer, may order that anything seized under this Act be sent to a foreign state if the justice is satisfied by information on oath that the foreign state has requested that the thing be sent to it for the purpose of administering or enforcing its laws.

• Marginal note:Terms and conditions

  (2) The justice may include in the order any terms and conditions that he or she considers appropriate, including those that are necessary to give effect to the request and those that relate to the preservation and return to Canada of the thing or the protection of the interests of third parties.

• Marginal note:Requirement to bring before justice

  (3) The justice may require that the thing be brought before him or her.

• Marginal note:Notice

  (4) Before making the order, the justice may require that notice of the application be given to any person who has an interest in the application in order to allow that person the opportunity to make representations.