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Port State Measures Agreement Implementation Act (S.C. 2015, c. 18)

Assented to 2015-06-18

R.S., c. C-33COASTAL FISHERIES PROTECTION ACT

Marginal note:1999, c. 19, s. 9

14. Paragraph 17(2)(a) of the Act is replaced by the following:

  • (a) a state party to the Fish Stocks Agreement if the vessel or official, as the case may be, is acting in the performance of their duties in relation to the Fish Stocks Agreement; or

Marginal note:1999, c. 19, s. 11

  • 15. (1) Subsection 18.01(1) of the Act is replaced by the following:

    Marginal note:Proof of offence — Fish Stocks Agreement

    • 18.01 (1) In a prosecution of a fishing vessel of a state party to the Fish Stocks Agreement or a state that is party to a treaty or arrangement described in paragraph 6(f) or of a fishing vessel without nationality for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by a person on board the vessel, whether or not the person is identified or has been prosecuted for the offence.

  • Marginal note:1999, c. 19, s. 11

    (2) Subsection 18.01(2) of the English version of the Act is replaced by the following:

    • Marginal note:Appearance of vessel

      (2) A fishing vessel on which a summons is served shall appear by counsel or agent.

Marginal note:1999, c. 19, s. 11

16. Section 18.02 of the Act is replaced by the following:

Marginal note:Fines

18.02 If a fishing vessel of a state party to the Fish Stocks Agreement or a state that is party to a treaty or arrangement described in paragraph 6(f) or a fishing vessel without nationality is convicted of an offence under this Act, the amount of the fine imposed on the vessel is a debt due to Her Majesty in right of Canada owed by the person who, at the time the offence was committed, was lawfully entitled to possession of the vessel, whether as owner or as charterer.

Marginal note:Offence and punishment

  • 18.03 (1) Every person who contravenes subsection 5.6(1) or (2) is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine of not more than $500,000; or

    • (b) on summary conviction, to a fine of not more than $100,000.

  • Marginal note:Subsequent offences

    (2) If a person is convicted of an offence under subsection (1) a subsequent time, the amount of the fine for the subsequent offence may be up to double the amount set out in that subsection.

  • Marginal note:Offence and punishment

    (3) Every person who contravenes subsection 5.6(3) is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine of not more than $500,000; or

    • (b) on summary conviction, to a fine of not more than $100,000.

Marginal note:Additional fine

18.04 If a person is convicted of an offence under this Act and the court is satisfied that, as a result of committing the offence, financial benefits accrued to the person, the court may, despite the maximum amount of any fine that may otherwise be imposed under this Act, order the person to pay an additional fine in an amount equal to the court’s estimation of those benefits.

Marginal note:1999, c. 19, s. 12

17. Paragraph 18.1(a.1) of the Act is replaced by the following:

  • (a.1) in an area of the sea designated under subparagraph 6(e)(ii) on board or by means of a fishing vessel of a state party to the Fish Stocks Agreement or of a fishing vessel without nationality;

Marginal note:1994, c. 14, s. 7

  • 18. (1) The portion of subsection 18.2(1) of the French version of the Act before paragraph (a) is replaced by the following:

    Marginal note:Exercice des pouvoirs d’arrestation, d’entrée, etc.

    • 18.2 (1) Les pouvoirs — arrestation, entrée, perquisition, saisie et autres — pouvant être exercés au Canada à l’égard d’un fait visé à l’article 18.1 peuvent l’être à cet égard et dans les circonstances mentionnées à cet article :

  • Marginal note:1994, c. 14, s. 7

    (2) Subsection 18.2(2) of the French version of the Act is replaced by the following:

    • Marginal note:Pouvoir des tribunaux

      (2) Un juge de paix ou un juge a compétence pour autoriser les mesures d’enquête et autres mesures accessoires à l’égard d’une infraction visée à l’article 18.1, notamment en matière d’arrestation, d’entrée, de perquisition et de saisie, comme si l’infraction avait été perpétrée dans son ressort.

COMING INTO FORCE

Marginal note:Order in council

19. This Act comes into force on a day to be fixed by order of the Governor in Council.

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