Freshwater Fish Marketing Act (R.S.C., 1985, c. F-13)

Offences and Punishment

Marginal note:Contravention of this Part

• 29 (1) Every person who, or whose employee or agent, contravenes any provision of this Part

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Offence by employee or agent

  (2) In any prosecution for an offence under this Part, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

• Marginal note:Limitation period

  (3) Any proceedings by way of summary conviction in respect of an offence under this Part may be instituted at any time within but not later than one year after the time when the subject-matter of the proceedings arose.

Marginal note:Evidence with respect to geographical origin

30 In any prosecution for an offence under this Part, evidence that a container was marked in such a manner as to indicate or give rise to a reasonable belief that the fish contained therein were the product of or were fished in a particular participating province or a particular area or region in the province is, in the absence of evidence to the contrary, proof that the fish contained therein were fished in that province.

Marginal note:Venue

31 A complaint or information in respect of an offence under this Part may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of that provincial court judge or justice, although the matter of the complaint or information did not arise in that territorial jurisdiction.

PART IVAnnual Report

Marginal note:Submission to lieutenant governors

32 The Corporation shall submit a copy of each annual report of the Corporation prepared in accordance with section 150 of the Financial Administration Act to the lieutenant governor in council of each participating province.