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Coastal Fisheries Protection Act (R.S.C., 1985, c. C-33)

Act current to 2021-06-28 and last amended on 2019-06-16. Previous Versions

Information (continued)

Marginal note:Canada Border Services Agency

 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

  •  (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.

Offences and Punishment

Marginal note:Offences

  •  (1) Every person is guilty of an offence who

    • (a) being master or in command of a fishing vessel,

      • (i) enters Canadian fisheries waters contrary to this Act, or

      • (ii) without legal excuse, the proof of which lies on that person, fails to bring to when required to do so by any protection officer or on signal of a government vessel;

    • (b) being aboard a fishing vessel, refuses to answer any questions on oath put to that person by a protection officer;

    • (c) after signal by a government vessel to bring to, throws overboard or staves or destroys any part of the vessel’s cargo, outfit or equipment; or

    • (d) resists or wilfully obstructs any protection officer in the execution of the officer’s duty.

  • Marginal note:Meaning of government vessel and protection officer

    (2) In subsection (1), government vessel also includes a vessel that belongs to or is in the service of, and protection officer also includes an enforcement official of,

    • (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

    • (b) a state that is party to a treaty or arrangement described in paragraph 6(f) if the vessel or official, as the case may be, is acting in the performance of their duties in relation to the treaty or arrangement.

Marginal note:Offence and punishment

  •  (1) Every person who contravenes paragraph 4(1)(a), subsection 4(2) or section 5.2 is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine not exceeding seven hundred and fifty thousand dollars; or

    • (b) on summary conviction, to a fine not exceeding one hundred and fifty thousand dollars.

  • Marginal note:Offence and punishment

    (2) Every person who contravenes any of paragraphs 4(1)(b) to (e), section 5 or the regulations and every fishing vessel that contravenes any of sections 5.3 to 5.5 or the regulations is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine not exceeding five hundred thousand dollars; or

    • (b) on summary conviction, to a fine not exceeding one hundred thousand dollars.

  • Marginal note:Punishment

    (3) Every person who commits an offence under paragraph 17(a), (b) or (c) is liable

    • (a) on conviction on indictment, to a fine not exceeding five hundred thousand dollars; or

    • (b) on summary conviction, to a fine not exceeding one hundred thousand dollars.

  • Marginal note:Idem

    (4) Every person who commits an offence under paragraph 17(d) is liable

    • (a) on conviction on indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding two years or to both; or

    • (b) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding six months or to both.

  • R.S., 1985, c. C-33, s. 18
  • R.S., 1985, c. 39 (2nd Supp.), s. 1
  • 1994, c. 14, s. 6
  • 1999, c. 19, s. 10

Marginal note:Proof of offence — Fish Stocks Agreement

  •  (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:Appearance of vessel

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

  • Marginal note:Trial if vessel does not appear

    (3) If a fishing vessel does not appear, the court may, on proof of service of the summons, proceed with the trial in the absence of the vessel.

  • Marginal note:Proceedings on indictment

    (4) For greater certainty, subsection (3) applies in respect of a trial on an indictment.

Marginal note:Fines

 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

  •  (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.

 
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