Fishing and Recreational Harbours Act (R.S.C., 1985, c. F-24)

Marginal note:Use of force

11.2 In executing a warrant issued under section 11.1, the enforcement officer named therein shall not use force unless the officer is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Marginal note:Where warrant not necessary

11.3 An enforcement officer may exercise the powers referred to in paragraph 11(a) without a warrant issued under section 11.1 if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant.

Marginal note:Exigent circumstances

11.4 For the purposes of section 11.3, exigent circumstances include circumstances in which the delay necessary to obtain a warrant under section 11.1 would result in danger to human life or safety or the loss or destruction of evidence.

Marginal note:Obstruction of enforcement officer

12 Where an enforcement officer is carrying out the duties and functions of an enforcement officer under this Act, no person shall

• (a) fail to comply with any reasonable requirement or direction of the officer;

• (b) knowingly make a false or misleading statement, either orally or in writing, to the officer; or

• (c) otherwise obstruct or hinder the officer.

Charges

Marginal note:Debt due to Her Majesty

• 13 (1) All charges prescribed by regulations made under this Act for the use of any scheduled harbour constitute a debt due to Her Majesty in right of Canada jointly and severally by the owner and any other person in charge of the vessel or goods in respect of which the charges are payable.

• Marginal note:Other remedies available

  (2) Nothing in this Act prevents a debt payable under this Act from being recovered, together with all costs, from the debtor in any court of competent jurisdiction or the exercise against the debtor of any other right or remedy available at law.

Removal, Seizure, Detention and Sale

Marginal note:Obstruction of scheduled harbours

• 14 (1) Where any vessel or goods are left or abandoned at any scheduled harbour and an enforcement officer believes on reasonable grounds that the vessel or goods impede, interfere with or render difficult or dangerous the use of the harbour, the officer may direct the person appearing to be in charge of the vessel or goods to remove the vessel or goods from the harbour to such place as the officer deems suitable.

• Marginal note:Seizure and removal

  (2) If the person to whom a direction is given pursuant to subsection (1) fails to comply with the direction or if no person appears to be in charge of the vessel or goods, the enforcement officer may seize the vessel or goods and remove them to such place as the officer deems suitable, and the costs of the seizure and removal are recoverable in the same manner as a debt due to Her Majesty in right of Canada for charges under this Act.

Marginal note:Seizure and detention

15 Where an enforcement officer believes on reasonable grounds that

• (a) any amount is due and payable under this Act for charges in respect of any vessel or goods, or

• (b) any provision of this Act or the regulations relating to any vessel or goods has been contravened,

the officer may seize and detain the vessel or goods.

Marginal note:Application for order directing forfeiture

• 16 (1) Where, at the time any vessel or goods are seized under this Act, no person appears to be in possession thereof or to have the right to the possession thereof, the Minister may apply to any court of competent jurisdiction for an order directing the forfeiture of the vessel or goods to Her Majesty in right of Canada.

• Marginal note:Forfeiture granted

  (2) Where, on the hearing of an application made under subsection (1), the court is satisfied that no person appears to be in possession or to have the right to the possession of the vessel or goods seized, it may order the forfeiture thereof to Her Majesty in right of Canada and on such forfeiture the vessel or goods may be disposed of as the Minister directs.

• Marginal note:Protection of persons claiming interest

  (3) Sections 74 to 77 of the Fisheries Act applies, with such modifications as the circumstances require, in respect of anything forfeited under subsection (2) as though it were an article forfeited under subsection 72(1) of that Act.

• Marginal note:Forfeiture refused

  (4) Where, on the hearing of an application made under subsection (1), the court is not satisfied that the vessel or goods seized should be forfeited, it shall order the vessel or goods to be dealt with according to the other provisions of this Act and the regulations applicable thereto.

Marginal note:Sale of perishable goods

• 17 (1) Where, in the opinion of the enforcement officer, any goods seized and detained under this Act are likely to rot, spoil or otherwise perish, the officer may sell or otherwise dispose of the goods in such manner and for such price as is reasonable in the circumstances.

• Marginal note:Proceeds of sale

  (2) The proceeds of a sale or other disposition referred to in subsection (1) shall be paid to the Receiver General or deposited to the credit of the Receiver General in a bank.

Marginal note:Return of property seized

• 18 (1) Subject to subsection (2), any vessel or goods seized under this Act and any proceeds of a sale or other disposition thereof made under section 17 shall be returned to the person from whom the vessel or goods were seized or to any other person entitled to the possession thereof after

  • (a) the provisions of this Act and the regulations that apply to the vessel or goods have, in the opinion of an enforcement officer, been complied with; or

  • (b) the expiration of twenty-one days from the day of the seizure, unless before that time an application for an order authorizing the sale of the vessel or goods has been made pursuant to section 19.

• Marginal note:Restriction

  (2) Subsection (1) does not apply in respect of any vessel or goods forfeited pursuant to section 16.

Marginal note:Application for order authorizing sale

• 19 (1) The Minister may, before the expiration of twenty-one days from the day of the seizure of any vessel or goods under this Act, apply to any court of competent jurisdiction for an order authorizing the sale of the vessel or goods.

• Marginal note:Redelivery on security

  (2) The court may order the redelivery of any vessel or goods seized under this Act to the person from whom the vessel or goods were seized or to any other person entitled to the possession thereof after security by bond, with two sureties, in such amount and form as is satisfactory to the Minister, is given to Her Majesty in right of Canada or after security of a cash deposit, in an amount satisfactory to the Minister, is given to Her Majesty in right of Canada.

• Marginal note:Order of sale refused

  (3) Where, on the hearing of an application made under subsection (1), the court is not satisfied that the vessel or goods seized should be sold, it may order that the vessel or goods be returned or, if a sale or other disposition of the goods has been made pursuant to section 17, it may order that any proceeds thereof be remitted to the person from whom the vessel or goods were seized or to any other person entitled to the possession thereof.

• Marginal note:Order of sale granted

  (4) Where, on the hearing of an application made under subsection (1), the court is satisfied that the vessel or goods seized should be sold, it may order the sale thereof and thereupon the Minister may sell the vessel or goods in such manner and for such price as the court determines is reasonable in the circumstances.

• Marginal note:Proceeds of sale

  (5) Where the total amount realized from a sale made under subsection (4) or any other disposition made under section 17, or both, exceeds the amount payable for rates and charges under this Act together with all costs and reasonable expenses incurred in connection with the sale or other disposition and any removal, seizure or detention under this Act, the Minister shall remit the excess amount to the person then appearing to be entitled thereto.

• Marginal note:Idem

  (6) Where it appears to the Minister that no person is entitled to the excess amount mentioned in subsection (5), that amount shall be paid to the Receiver General.

Offences and Punishment

Marginal note:Contravening section 12 or regulations

20 Every person who contravenes section 12 or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months or to both.

Marginal note:Officers, etc., of corporations

21 Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Marginal note:Trial of offences

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

Marginal note:Offence by employee or agent

23 In any prosecution for an offence under this Act, 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.

Evidence

Marginal note:Copies and extracts as evidence

• 24 (1) Subject to subsections (2) and (3), a copy or extract made by an enforcement officer pursuant to paragraph 11(b) and purporting to be certified under the signature of that enforcement officer as a true copy or extract is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the copy or extract and, in the absence of any evidence to the contrary, has the same probative force as the original document would have if it had been proved in the ordinary way.

• Marginal note:Attendance of enforcement officer

  (2) The party against whom any copy or extract is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the enforcement officer for the purposes of cross-examination.

• Marginal note:Notice

  (3) No copy or extract referred to in subsection (1) shall be admitted in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a duplicate of the copy or extract.

Payment of Fines

Marginal note:Regulations relating to offences

• 25 (1) The Governor in Council may by regulation designate any offence under this Act or the regulations as an offence with respect to which

  • (a) notwithstanding the provisions of the Criminal Code, any person designated as an enforcement officer pursuant to section 10 may lay an information and issue and serve a summons by completing a ticket in the form prescribed by regulation, affixing that person’s signature thereto and delivering the ticket to the person alleged to have committed the offence specified therein at the time the offence is alleged to have been committed; or

  • (b) the summons may be served on an accused by mailing the summons to the accused at the latest known address of the accused.

• Marginal note:Voluntary payment of fine

  (2) A regulation made under this section shall establish a procedure for voluntarily entering a plea of guilty and paying a fine in respect of each offence to which the regulation relates and shall fix the amount of the fine that may be so paid in respect of each such offence.

• Marginal note:Fixing of fines

  (3) A fine fixed in respect of an offence by a regulation made under this section may be lower for a first offence than for any subsequent offence but in no case shall it be greater than fifty dollars.