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

Act current to 2019-06-20 and last amended on 2019-06-16. Previous Versions

Application of Criminal Law (continued)

Marginal note:Territorial division

 A proceeding in respect of

  • (a) an offence under this Act consisting of a contravention of section 5.2, or

  • (b) an offence referred to in section 18.1

that is committed outside Canada may, whether or not the accused is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished for that offence in the same manner as if the offence had been committed in that territorial division.

  • 1994, c. 14, s. 7

Marginal note:Attorney General of Canada

 No proceeding in respect of

  • (a) an offence under this Act consisting of a contravention of any of sections 5.2 to 5.5,

  • (b) an offence referred to in section 18.1, or

  • (c) an offence under paragraph 17(1)(d) consisting of resistance to or obstruction of a protection officer in the execution of the officer’s duty in relation to any of sections 5.2 to 5.5

may be commenced without the personal consent in writing of the Attorney General of Canada or the Deputy Attorney General, and such a proceeding may be conducted only by the Attorney General of Canada or counsel acting on his or her behalf.

  • 1994, c. 14, s. 7
  • 1999, c. 19, s. 14

Marginal note:Proceedings against fishing vessels

 All the provisions of this Act and the Criminal Code or the Fisheries Act and the Criminal Code relating to indictable offences that are applicable to or in respect of persons apply, in their application to indictable offences created by this Act or the Fisheries Act, to or in respect of fishing vessels, with such modifications as the circumstances require, and all the provisions of this Act and the Criminal Code or the Fisheries Act and the Criminal Code relating to summary conviction offences that are applicable to or in respect of persons apply, in their application to all other offences created by this Act or the Fisheries Act, to or in respect of fishing vessels, with such modifications as the circumstances require.

  • 1994, c. 14, s. 7

Jurisdiction of Courts

Marginal note:Jurisdiction of courts

 All courts, justices of the peace and provincial court judges in Canada have the same jurisdiction with respect to offences under this Act as they have under sections 257 and 258 of the Canada Shipping Act, 2001 with respect to offences under that Act, and those sections apply to offences under this Act in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 2001.

  • R.S., 1985, c. C-33, s. 19
  • R.S., 1985, c. 27 (1st Supp.), s. 203
  • 1990, c. 44, s. 18
  • 2001, c. 26, s. 288
 
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