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Fisheries Act (R.S.C., 1985, c. F-14)

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Act current to 2019-08-15 and last amended on 2019-06-21. Previous Versions

Joint Liability

Marginal note:Who shall be liable

 Unless otherwise specified, every proprietor, owner, agent, tenant, occupier, partner or person actually in charge, either as occupant or servant, shall be deemed to be jointly and severally liable for any penalties or moneys recovered under any provision of this Act or the regulations.

  • R.S., c. F-14, s. 62

 [Repealed, 1991, c. 1, s. 25]

Limitation of Suits

Marginal note:Limitation period

 A proceeding by way of summary conviction in respect of an offence under this Act may not be commenced later than five years after the day on which the offence was committed.

  • R.S., 1985, c. F-14, s. 82
  • 1991, c. 1, s. 26
  • 2012, c. 19, s. 154

Form of Procedure

Marginal note:Form of procedure

 Except as otherwise provided in this Act, all penalties and forfeitures incurred under this Act or any of the regulations are recoverable and enforceable by summary proceedings taken under the provisions of the Criminal Code relating to summary convictions.

  • R.S., c. F-14, s. 65

Marginal note:No quashing for want of form

 No proceeding or conviction under this Act or any of the regulations shall be set aside or quashed on certiorari or otherwise for irregularity or defect in form, and no warrant of arrest or commitment shall be held void by reason of any defect therein, if it is therein alleged that the defendant has been convicted and there is a good and valid conviction to sustain the same.

  • R.S., c. F-14, s. 66

Applications of Penalties and Forfeitures

Marginal note:Penalties and forfeitures

 The Governor in Council may prescribe the manner in which the proceeds of penalties and the proceeds of the sale of confiscated things shall be distributed.

  • R.S., c. F-14, s. 67

Marginal note:Appeal in proceedings by indictment

  •  (1) For the purpose of Part XXI of the Criminal Code, any order and any decision not to make an order under subsection 71.1(1), subsection 72(1), (2) or (3) or section 79, 79.1, 79.2 or 79.3 as well as any sentence passed by the court under this Act shall be considered a sentence within the meaning of section 673 of the Criminal Code.

  • Marginal note:Appeal in summary conviction proceedings

    (2) For the purpose of Part XXVII of the Criminal Code, any order and any decision not to make an order under subsection 71.1(1), subsection 72(1), (2) or (3) or section 79, 79.1, 79.2 or 79.3 as well as any sentence passed by the court under this Act shall be considered a sentence within the meaning of section 785 of the Criminal Code.

  • R.S., 1985, c. F-14, s. 86
  • 1991, c. 1, s. 27

Alternative Measures Agreements

Marginal note:Definitions

 The following definitions apply in sections 86.2 to 86.95.

alternative measures

alternative measures means measures in respect of the protection of fisheries, fish or fish habitat or the prevention of pollution, other than judicial proceedings, that are used to deal with a person who is alleged to have committed an offence under this Act. (mesures de rechange)

Attorney General

Attorney General means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which the proceedings are taken, and includes the lawful deputy of either of them. (procureur général)

  • 2019, c. 14, s. 47

Marginal note:Use of measures

  •  (1) Alternative measures may be used only if doing so is not inconsistent with the purpose of this Act and the following conditions are met:

    • (a) the alleged offence is an offence under this Act, except an offence under section 62 or 63 or any other offence referred to in any regulations made under paragraph 86.95(a);

    • (b) an information has been laid in respect of the offence;

    • (c) the Attorney General, after consulting with the Minister, is satisfied that the measures would be appropriate, having regard to the nature of the offence, the circumstances surrounding its commission and the following factors:

      • (i) the importance of the protection of fisheries, fish or fish habitat or the prevention of pollution,

      • (ii) the alleged offender’s history of compliance with this Act,

      • (iii) whether the offence is a repeated occurrence,

      • (iv) any allegation that information is being or was concealed or other attempts to subvert the purpose and requirements of this Act are being or have been made, and

      • (v) whether any remedial or preventive action has been taken by or on behalf of the alleged offender in relation to the offence;

    • (d) the alleged offender has been advised of the right to be represented by counsel;

    • (e) the alleged offender accepts responsibility for the act or omission that forms the basis of the offence;

    • (f) the alleged offender applies, in accordance with regulations made under section 86.95, to participate in the measures;

    • (g) the alleged offender and the Attorney General have entered into an alternative measures agreement within 180 days after the day on which the Attorney General provided the alleged offender with initial disclosure of the Crown’s evidence;

    • (h) the Attorney General considers that there is sufficient evidence to proceed with the prosecution of the offence; and

    • (i) the prosecution of the offence is not barred at law.

  • Marginal note:Restriction on use

    (2) Alternative measures shall not be used if the alleged offender

    • (a) denies participation or involvement in the commission of the alleged offence; or

    • (b) expresses the wish to have any charge against them dealt with by the court.

  • Marginal note:Admissions not admissible in evidence

    (3) No admission, confession or statement accepting responsibility for a given act or omission made by an alleged offender as a condition of being dealt with by alternative measures is admissible in evidence against them in any civil or criminal proceedings.

  • Marginal note:Dismissal of charge

    (4) If alternative measures have been used, the court shall dismiss the charge laid against the alleged offender in respect of that offence if the court is satisfied on a balance of probabilities that the alleged offender has complied with the alternative measures agreement.

  • Marginal note:No bar to proceedings

    (5) The use of alternative measures is not a bar to any proceedings against the alleged offender under this Act.

  • Marginal note:Laying of information, etc.

    (6) This section does not prevent any person from laying an information, obtaining the issue or confirmation of any process, or proceeding with the prosecution of any offence, in accordance with the law.

  • 2019, c. 14, s. 47

Marginal note:Sentencing considerations

 If an information in respect of an offence of contravening an alternative measures agreement has been laid and proceedings in respect of the alleged offence for which the agreement was entered into have been recommenced, the court imposing a sentence for either offence shall take into account any sentence that has previously been imposed for the other offence.

  • 2019, c. 14, s. 47

Marginal note:Nature of measures contained in agreement

  •  (1) An alternative measures agreement may contain any terms and conditions, including

    • (a) terms and conditions having any or all of the effects set out in section 79.2 or having any of the prescribed effects that the Attorney General, after consulting with the Minister, considers appropriate; and

    • (b) terms and conditions relating to the costs of laboratory and field tests, travel and living expenses, costs of scientific analyses and other reasonable costs associated with supervising and verifying compliance with the agreement.

  • Marginal note:Supervisory bodies

    (2) Any governmental or non-governmental body may supervise and verify compliance with an alternative measures agreement.

  • 2019, c. 14, s. 47
 
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