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

Act current to 2019-12-03 and last amended on 2019-06-16. Previous Versions

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.

  • R.S., 1985, c. C-33, s. 17
  • 1999, c. 19, s. 9
  • 2015, c. 18, s. 14

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.

  • 1999, c. 19, s. 11
  • 2015, c. 18, s. 15

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.

  • 1999, c. 19, s. 11
  • 2015, c. 18, s. 16

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.

  • 2015, c. 18, s. 16

Marginal note:Additional fine

 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.

  • 2015, c. 18, s. 16

Application of Criminal Law

Marginal note:Application of criminal law

 An act or omission that would be an offence under an Act of Parliament if it occurred in Canada is deemed to have been committed in Canada if it occurs, in the course of enforcing this Act,

  • (a) in the NAFO Regulatory Area on board or by means of a foreign fishing vessel on board or by means of which a contravention of section 5.2 has been committed;

  • (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;

  • (a.2) in an area of the sea designated under subparagraph 6(f)(ii) on board or by means of a fishing vessel of a state that is party to a treaty or arrangement referred to in that subparagraph or of a fishing vessel without nationality; or

  • (b) in the course of continuing pursuit that commenced while a foreign fishing vessel was in Canadian fisheries waters or the NAFO Regulatory Area.

  • 1994, c. 14, s. 7
  • 1999, c. 19, s. 12
  • 2015, c. 18, s. 17

Marginal note:Exercising powers of arrest, entry, etc.

  •  (1) Every power of arrest, entry, search or seizure or other power that could be exercised in Canada in respect of an act or omission referred to in section 18.1 in the circumstances referred to in that section may be exercised

    • (a) on board the foreign fishing vessel; or

    • (b) where pursuit has been commenced, at any place on the seas, other than a place that is in the territorial sea or internal waters of a state other than Canada.

  • Marginal note:Arrest, search, seizure, etc.

    (2) A justice of the peace or judge in any territorial division in Canada has jurisdiction to authorize an arrest, entry, search or seizure or an investigation or other ancillary matter related to an offence referred to in section 18.1 in the same manner as if the offence had been committed in that territorial division.

  • Marginal note:Attorney General of Canada

    (3) If an act or omission that is an offence by virtue only of paragraph 18.1(a) or (b) is alleged to have been committed on board or by means of a vessel that is registered or licensed under the laws of a state other than Canada, the powers referred to in subsection (1) may not be exercised outside Canada with respect to that act or omission without the consent of the Attorney General of Canada.

  • 1994, c. 14, s. 7
  • 1999, c. 19, s. 13
  • 2015, c. 18, s. 18(F)
 
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