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Fisheries Act (R.S.C., 1985, c. F-14)

Full Document:  

Act current to 2022-01-12 and last amended on 2019-08-28. Previous Versions

Obstruction and False Information (continued)

 [Repealed, 2012, c. 19, s. 152]

 [Repealed, 1991, c. 1, s. 20]

 [Repealed, 2012, c. 19, s. 153]

Disposition of Seized Things

Marginal note:Custody of seized things

  •  (1) A fishery officer or fishery guardian who seizes any fish or other thing under this Act may retain custody of it or deliver it into the custody of any person the officer or guardian considers appropriate.

  • Marginal note:Request by officer or guardian

    (2) A person who is given custody of any fish or other thing under subsection (1) shall, on the request of a fishery officer or fishery guardian at any reasonable time, make the fish or thing available for inspection by or deliver it into the custody of the officer or guardian.

  • Marginal note:Perishables

    (3) A fishery officer or fishery guardian who has custody of any fish or other perishable thing seized under this Act may dispose of it in any manner the officer or guardian considers appropriate and any proceeds realized from its disposition shall be paid to the Receiver General.

  • R.S., 1985, c. F-14, s. 70
  • 1991, c. 1, s. 21

Marginal note:Detention of seized things

  •  (1) Subject to this section, any fish or other thing seized under this Act, or any proceeds realized from its disposition, may be detained until the fish or thing or proceeds are forfeited or proceedings relating to the fish or thing are finally concluded.

  • Marginal note:Return on deposit of security

    (2) Subject to subsection 72(4), a court may order any fish or other thing seized under this Act to be returned to the person from whom it was seized if security is given to Her Majesty in a form and amount that is satisfactory to the Minister.

  • Marginal note:Return where proceedings not instituted

    (3) Subject to subsection 72(4), where proceedings are not instituted in relation to any fish or other thing seized under this Act, the fish or thing or any proceeds realized from its disposition shall be returned to the person from whom it was seized

    • (a) on the Minister’s decision not to institute proceedings; or

    • (b) on the expiration of ninety days after the day of the seizure or any further period that may be specified in an order made under subsection (4).

  • Marginal note:Order to extend detention

    (4) A court may, by order, permit the fish or other thing seized or any proceeds realized from its disposition 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 the court is satisfied that the order is justified in the circumstances.

Marginal note:Continued detention not required

  •  (1) If a fishery officer is of the opinion that the continued detention of the fish or thing seized under this Act is no longer required for the purpose of any investigation or any proceeding, the fishery officer may apply to a court for an order under subsection (2).

  • Marginal note:Order of forfeiture

    (2) The court may, on application by a fishery officer under subsection (1), order that the fish or thing be forfeited to Her Majesty to be disposed of as the Minister directs if the court is satisfied,

    • (a) that the possession of the fish or thing was unlawful at the time of seizure; or

    • (b) if the thing seized is fishing gear or equipment,

      • (i) that it was found in Canadian fisheries waters or in any portion of the continental shelf of Canada that is beyond the limits of Canadian fisheries waters,

      • (ii) that there are reasonable grounds to believe that the fishing gear or equipment is foreign or that it was placed there by a foreign fishing vessel, as defined in subsection 2(1) of the Coastal Fisheries Protection Act, and

      • (iii) that there is no lease, licence nor other authorization under this Act for their use in those waters or in any portion of that continental shelf of Canada, as the case may be.

  • Marginal note:Notice of application

    (3) The court may, before making an order under subsection (2), require that notice of the application be sent to the following persons, as the case may be:

    • (a) the person from whom the fish or thing was seized, if known;

    • (b) the person who appears to be the owner of the fishing gear or equipment, if applicable; or

    • (c) any other person whom the court designates as a person who has an interest in the application.

  • Marginal note:Appearance before court

    (4) The court shall provide any person to whom notice is sent an opportunity to appear before the court and establish that he or she is lawfully entitled to the possession of the fish or thing.

  • Marginal note:Forfeiture or return

    (5) After the hearing, the court may, as the court considers appropriate in the circumstances, order the forfeiture of the fish or thing under subsection (2) or their return.

Marginal note:Recovery of costs

  •  (1) Where a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed, order the person to pay the Minister an amount of money as compensation for any costs incurred in the seizure, storage or disposition of any fish or other thing seized under this Act by means of or in relation to which the offence was committed.

  • Marginal note:Debt due to Her Majesty

    (2) Where a court orders a person to pay an amount of money as compensation under subsection (1), the amount and any interest payable on that amount constitute a debt due to Her Majesty and may be recovered as such in any court of competent jurisdiction.

  • 1991, c. 1, s. 21

Marginal note:Forfeiture of things

  •  (1) Where a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed, order that any thing seized under this Act by means of or in relation to which the offence was committed, or any proceeds realized from its disposition, be forfeited to Her Majesty.

  • Marginal note:Forfeiture of fish

    (2) Where a person is convicted of an offence under this Act that relates to fish seized pursuant to paragraph 51(a), the court shall, in addition to any punishment imposed, order that the fish, or any proceeds realized from its disposition, be forfeited to Her Majesty.

  • Marginal note:Forfeiture of fish — other cases

    (3) If a person is charged with an offence under this Act that relates to fish seized under paragraph 51(a) and the person is acquitted or discharged absolutely or conditionally, or the court orders a stay of the proceedings but it is proved that the fish was caught, possessed, sold, purchased, traded, bartered, imported or exported in contravention of this Act or the regulations, the court may order that the fish, or any proceeds realized from its disposition, be forfeited to Her Majesty.

  • Marginal note:Forfeiture where ownership not ascertainable

    (4) Where the ownership of any fish or other thing seized under this Act cannot be ascertained at the time of the seizure, the fish or thing is thereupon forfeited to Her Majesty.

  • R.S., 1985, c. F-14, s. 72
  • R.S., 1985, c. 31 (1st Supp.), s. 96
  • 1991, c. 1, s. 21
  • 2019, c. 14, s. 43

Marginal note:Disposal of forfeited things

  •  (1) Subject to sections 75 to 77, any fish or other thing forfeited to Her Majesty under subsection 72(1), (2) or (3) shall be disposed of after the final conclusion of the proceedings relating to the fish or thing, as the Minister directs.

  • Marginal note:Disposal where ownership not ascertained

    (2) Subject to sections 75 to 77, any fish or other thing forfeited to Her Majesty under subsection 72(4) shall be disposed of after the expiration of thirty days from the day of forfeiture, as the Minister directs.

  • Marginal note:Exception

    (3) Notwithstanding subsection (2), where any fishing gear or equipment is forfeited under subsection 72(4), it may be disposed of immediately on its forfeiture, as the Minister directs.

  • R.S., 1985, c. F-14, s. 73
  • 1991, c. 1, s. 21

Marginal note:Return of things not forfeited

  •  (1) Subject to subsection (2), any fish or other thing seized under this Act, or any proceeds realized from its disposition, that are not forfeited to Her Majesty under section 72 shall, on the final conclusion of the proceedings relating to the fish or thing, be delivered to the person from whom the fish or thing was seized.

  • Marginal note:Exception

    (2) Subject to subsection 72(4), where a person is convicted of an offence relating to any fish or other thing seized under this Act and the court imposes a fine but does not order forfeiture,

    • (a) the fish or thing may be detained until the fine is paid;

    • (b) it may be sold under execution in satisfaction of the fine; or

    • (c) any proceeds realized from its disposition may be applied in payment of the fine.

  • 1991, c. 1, s. 21

Marginal note:Release of seized fish

 Notwithstanding anything in sections 70 to 73.1, a fishery officer or fishery guardian who seizes any fish under this Act may, at the time of the seizure, return to the water any fish that the officer or guardian believes to be alive.

  • 1991, c. 1, s. 21

Marginal note:Definitions

 In sections 75 and 76,

court of appeal

court of appeal means, in the province in which an order under section 75 is made, the court of appeal for that province as defined in section 2 of the Criminal Code; (cour d’appel)

judge

judge means

  • (a) in the Province of Quebec, a judge of the Superior Court for the district in which the thing in respect of which an application for an order under section 75 is made was seized,

  • (a.1) in the Province of Ontario, a judge of the Superior Court of Justice,

  • (b) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, a judge of the Court of Queen’s Bench,

  • (c) in the Province of Newfoundland and Labrador, a judge of the Trial Division of the Supreme Court,

  • (c.1) [Repealed, 1992, c. 51, s. 50]

  • (d) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, Yukon and the Northwest Territories, a judge of the Supreme Court, and

  • (e) in Nunavut, a judge of the Nunavut Court of Justice. (juge)

  • R.S., 1985, c. F-14, s. 74
  • R.S., 1985, c. 27 (2nd Supp.), s. 10
  • 1990, c. 16, s. 10, c. 17, s. 20
  • 1992, c. 51, s. 50
  • 1998, c. 30, s. 14
  • 1999, c. 3, s. 65
  • 2002, c. 7, s. 173
  • 2015, c. 3, s. 97

Marginal note:Application by person claiming interest

  •  (1) Subject to section 71.01, if any thing other than fish is forfeited to Her Majesty under subsection 72(1) or (4), any person who claims an interest in the thing as owner, mortgagee, lienholder or holder of any like interest, other than a person convicted of the offence that resulted in the forfeiture or a person from whom the thing was seized, may, within 30 days after the forfeiture, apply in writing to a judge for an order under subsection (4).

  • Marginal note:Date of hearing

    (2) The judge to whom an application is made pursuant to subsection (1) shall fix a day not less than thirty days after the date of filing of the application for the hearing thereof.

  • Marginal note:Notice

    (3) The applicant shall serve a notice of the application and of the hearing on the Minister at least fifteen days before the day fixed for the hearing.

  • Marginal note:Order by judge

    (4) Where, on the hearing of an application made pursuant to subsection (1), it is made to appear to the satisfaction of the judge,

    • (a) that the applicant is innocent of any complicity in the offence or alleged offence that resulted in the forfeiture and of any collusion in relation to that offence with the person who was convicted of, or who may have committed, the offence, and

    • (b) that the applicant exercised all reasonable care in respect of the person permitted to obtain the possession of the thing in respect of which the application is made to satisfy himself that the thing was not likely to be used contrary to this Act or the regulations, or, in the case of a mortgagee or lienholder, that he exercised such care with respect to the mortgagor or the liengiver,

    the applicant is entitled to an order declaring that his interest is not affected by the forfeiture and declaring the nature and extent of his interest.

Marginal note:Appeal

  •  (1) The applicant or the Minister may appeal to the court of appeal from an order made under subsection 75(4) and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court of appeal from orders or judgments of a judge.

  • Marginal note:Application to Minister

    (2) The Minister shall, on application made to him by any person who has obtained a final order pursuant to this section or section 75,

    • (a) except in the case of any thing disposed of under subsection 70(3), direct that the thing to which the interest of the applicant relates be returned to the applicant; or

    • (b) direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to him.

  • R.S., 1985, c. F-14, s. 76
  • 1991, c. 1, s. 23

Marginal note:Exception

 Sections 74 to 76 do not apply to

  • (a) any fishing gear or equipment that has been disposed of pursuant to subsection 73(3); or

  • (b) any fish that have been returned to the water pursuant to section 73.2.

  • R.S., 1985, c. F-14, s. 77
  • 1991, c. 1, s. 24

Offence and Punishment

Marginal note:Punishment not otherwise provided for

 Except as otherwise provided in this Act, every person who contravenes this Act or the regulations is guilty of

  • (a) an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding one hundred thousand dollars and, for any subsequent offence, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year, or to both; or

  • (b) an indictable offence and liable, for a first offence, to a fine not exceeding five hundred thousand dollars and, for any subsequent offence, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding two years, or to both.

  • R.S., 1985, c. F-14, s. 78
  • 1991, c. 1, s. 24
 
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