|
|
|
|
| Offences and
punishment
|
61. Every person who contravenes
subsection 48(1) or 49(1)
|
|
|
|
(a) is guilty of an offence punishable on
summary conviction and liable, for a first
offence, to a fine not exceeding $300,000,
and, for any subsequent offence, to a fine
not exceeding $300,000 or to imprisonment
for a term not exceeding six months, or to
both; or
|
|
|
|
(b) is guilty of an indictable offence and
liable, for a first offence, to a fine not
exceeding $1,000,000, and, for any
subsequent offence, to a fine not exceeding
$1,000,000 or to imprisonment for a term
not exceeding three years, or to both.
|
|
| Offences and
punishment
|
62. Every person who
|
|
|
|
(a) fails to provide the Minister with any
information requested pursuant to
subsection 50(1) within a reasonable time
after the request is made,
|
|
|
|
(b) fails to provide any information that is
to be provided under regulations made
pursuant to paragraph 59(h),
|
|
|
|
(c) fails to make a notification under
subsection 58(1) or provide a report under
subsection 58(2),
|
|
|
|
(d) carries on any work, activity or
undertaking described in subsection 50(1)
|
|
|
|
(i) otherwise than in accordance with any
information relating to the work, activity
or undertaking that the person provides to
the Minister under paragraph 50(1)(a),
|
|
|
|
(ii) otherwise than in accordance with
any such information as required to be
modified by any order of the Minister or
a person designated by the Minister
under paragraph 50(2)(a), or
|
|
|
|
(iii) contrary to any order made by the
Minister or a person designated by the
Minister under subsection 50(2),
|
|
|
|
(e) fails to take any reasonable measures
that the person is required to take under
subsection 58(3) or fails to take such
measures in the required manner, or
|
|
|
|
(f) fails to comply with the whole or any part
of a direction of an inspector or fishery
officer under subsection 58(4),
|
|
|
|
is guilty of an offence punishable on summary
conviction and liable, for a first offence, to a
fine not exceeding $200,000, and, for any
subsequent offence, to a fine not exceeding
$200,000 or to imprisonment for a term not
exceeding six months, or to both.
|
|
| Offences and
punishment
|
63. Every person who contravenes
subsection 43(1), 44(1), (2) or (3), 45(1) or (2),
47(3) or 49(3) commits an offence and is
guilty of an offence punishable on summary
conviction and liable, for a first offence, to a
fine not exceeding $200,000 and, for any
subsequent offence, to a fine not exceeding
$200,000 or to imprisonment for a term not
exceeding six months, or to both.
|
|
| Matters of
proof
|
64. For the purpose of any proceeding for an
offence under section 61 or 62,
|
|
|
|
(a) a deposit takes place whether or not any
act or omission resulting in the deposit is
intentional;
|
|
|
|
(b) a harmful alteration, disruption or
destruction of fish habitat takes place
whether or not any act or omission resulting
in the alteration, disruption or destruction is
intentional; and
|
|
|
|
(c) all waters are frequented by fish except
where proof is made that at all times
material to the proceedings the waters are
not, have not been and are not likely to be
frequented by fish.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Application
|
65. (1) This Part applies in respect of
prescribed classes of licences.
|
|
| Non-applicati
on
|
(2) Section 8 does not apply in respect of a
licence to which this Part applies.
|
|
|
|
|
|
| Atlantic
Fisheries
Tribunal
established
|
66. There is hereby established a tribunal, to
be known as the Atlantic Fisheries Tribunal,
consisting of a full-time Chairperson and any
part-time members, all appointed by the
Governor in Council.
|
|
| Pacific
Fisheries
Tribunal
established
|
67. There is hereby established a tribunal, to
be known as the Pacific Fisheries Tribunal,
consisting of a full-time Chairperson and any
part-time members, all appointed by the
Governor in Council.
|
|
| Absence, etc.,
of
Chairperson
|
68. If the Chairperson of a Tribunal is
absent or unable to act or if the office is vacant,
such other member of the Tribunal as is
designated by the Governor in Council shall
perform the functions of Chairperson.
|
|
| Term of
members
|
69. (1) The members of a Tribunal shall be
appointed to hold office during good
behaviour for a term not exceeding three
years, but may be removed by the Governor in
Council at any time for cause.
|
|
| Re-appointme
nt
|
(2) A member may be re-appointed to a
Tribunal.
|
|
| Knowledge
|
70. A person is not eligible to be appointed
as a member unless the person is
knowledgeable about Canada's fisheries
resources or administrative decision-making.
|
|
| Conflict of
interest
|
71. (1) A person is not eligible to be
appointed or to continue as a member if the
person is, directly or indirectly, as owner,
shareholder, director, officer, partner or
otherwise, engaged in a fisheries business or
undertaking or is a member of, or the holder of
an office in, a fisheries organization.
|
|
| Inheritance
|
(2) A member who becomes engaged in the
manner referred to in subsection (1) by will or
succession shall become disengaged within
ninety days after becoming so engaged.
|
|
| Other
employment
|
72. Members shall not accept or hold any
office or employment inconsistent with their
functions under this Act.
|
|
| Remuneration
and fees
|
73. (1) The Chairperson of each Tribunal
shall be paid such remuneration and
allowances as are fixed by the Governor in
Council, and each other member is entitled to
be paid such fees for that other member's
services as are fixed by the Governor in
Council.
|
|
| Expenses
|
(2) Members are entitled to be paid
reasonable travel and other expenses incurred
by them in the course of their duties under this
Act while absent from, in the case of the
Chairpersons of the Tribunals, their ordinary
place of work and, in the case of any part-time
members, their ordinary place of residence.
|
|
| Pension
|
(3) A member is deemed not to be employed
in the Public Service for the purposes of the
Public Service Superannuation Act unless the
Governor in Council deems the member to be
so employed for those purposes.
|
|
| Workers'
compensation
|
(4) For the purposes of the Government
Employees Compensation Act and any
regulations made pursuant to section 9 of the
Aeronautics Act, a member is deemed to be
employed in the public service of Canada.
|
|
| Acting after
expiration of
term
|
74. If a person who is engaged as a member
in respect of any matter ceases to be a member
before rendering a decision in respect of the
matter, the person may, with the authorization
of the Chairperson of the Tribunal, continue,
during a period not exceeding one hundred
and eighty days, to act as a member in respect
of the matter.
|
|
|
|
|
|
| Secretary and
other staff
|
75. (1) The secretary and other staff
necessary for the proper conduct of the
business of a Tribunal shall be appointed in
accordance with the Public Service
Employment Act.
|
|
| Technical
experts
|
(2) A Tribunal may engage and, subject to
the approval of the Treasury Board, fix the
remuneration of persons having technical or
special knowledge to assist or advise the
Tribunal in any matter.
|
|
| Government
services and
facilities
|
76. In performing its functions, a Tribunal
shall, where appropriate, make use of the
services and facilities of departments, boards
and agencies of the Government of Canada.
|
|
| Sharing of
information
|
77. A Tribunal shall, at the request of the
Department and for the purpose of
administering this Act, provide the
Department with information about holders
respecting appeals under section 90 and
violations.
|
|
|
|
|
|
| Immunity
|
78. (1) The members and the secretary and
other staff referred to in section 75 are not
personally liable for anything done or omitted
to be done in good faith in performing any
functions under this Act.
|
|
| Crown not
relieved
|
(2) Subsection (1) does not, by reason of
section 10 of the Crown Liability and
Proceedings Act, relieve the Crown of
liability in respect of a tort to which the Crown
would otherwise be subject.
|
|
| Contractual
liability
|
79. A Tribunal is an agent of Her Majesty in
right of Canada for the purposes of the law of
contract.
|
|
| Tort liability
|
80. A Tribunal, its members and the
secretary and other staff referred to in section
75 are servants of Her Majesty in right of
Canada for the purposes of the law of tort.
|
|
|
|
|
|
| Exercise of
jurisdiction
|
81. The jurisdiction of a Tribunal shall be
exercised in any case by a single member of
the Tribunal assigned by the Chairperson of
the Tribunal to that case, and the order made
by the member is an order of the Tribunal.
|
|
| Right to
appear
|
82. All parties to a proceeding before a
Tribunal may appear in person or may be
represented by counsel or by an agent.
|
|
| Powers
|
83. (1) A Tribunal may summon any person
to appear as a witness before it and may order
the witness to
|
|
|
|
(a) give evidence orally or in writing; and
|
|
|
|
(b) produce any documents and things that
the Tribunal considers necessary or
desirable for the purpose of performing any
of its functions.
|
|
| Fees for
witnesses
|
(2) A witness who is served with a summons
under subsection (1) is entitled to receive the
fees and allowances to which persons who are
summoned to appear as witnesses before the
Federal Court are entitled.
|
|
| Enforcement
of summonses
and orders
|
84. (1) Any summons to a witness issued or
order made by a Tribunal may be made a
summons to a witness or an order of the
Federal Court or of the superior court of a
province and is enforceable in the same
manner as a summons to a witness or an order
of that court.
|
|
| Procedure
|
(2) To make a summons or an order of a
Tribunal a summons or an order of the Federal
Court or of the superior court of a province, the
usual practice and procedure of the court in
such matters may be followed, or the secretary
of the Tribunal may file a certified copy of the
summons or order with the registrar of the
court and the summons or order thereupon
becomes a summons or an order of the court.
|
|
| Review of
decisions and
orders
|
85. A Tribunal may review and confirm,
rescind or vary any decision or order made by
it.
|
|
| Publication
|
86. (1) A Tribunal shall publish its decisions
and orders in the manner it sees fit.
|
|
| Names of
holders
|
(2) The information in a decision or order
published under subsection (1) may include
the names and addresses of the holders at issue
and, in relation to a holder that is a fishing
vessel, the names and addresses of its owners
or charterers.
|
|
| Judicial
review
|
87. (1) For greater certainty, the Federal
Court has jurisdiction under section 18 of the
Federal Court Act to hear and determine an
application for judicial review in which relief
is sought against a Tribunal.
|
|
| Tribunal may
be heard
|
(2) A Tribunal is entitled to be heard by
counsel or otherwise on the argument of an
application referred to in subsection (1).
|
|
| By-laws
|
88. A Tribunal may make by-laws
respecting the calling of meetings of the
Tribunal, the conduct of business at meetings
of the Tribunal and the internal administrative
affairs of the Tribunal.
|
|
| Rules
|
89. A Tribunal may, with the approval of the
Governor in Council, make rules
|
|
|
|
(a) governing its practice and procedure;
and
|
|
|
|
(b) for preventing trade secrets and
information described in section 20 of the
Access to Information Act from being
disclosed or made public as a result of their
being used as evidence before the Tribunal,
including rules providing for hearings to be
held in private.
|
|
|
|
|
|
| Appeals to
Tribunal
|
90. (1) Where the Minister does not issue a
licence to which this Part applies on
application or within a reasonable period
thereafter, the applicant may appeal to a
Tribunal.
|
|
| Disposition of
appeal
|
(2) A Tribunal, in accordance with any
licensing policies of the Minister, may dispose
of the appeal
|
|
|
|
(a) by allowing the appeal and directing the
Minister to issue the licence; or
|
|
|
|
(b) by dismissing the appeal.
|
|