|
|
(b) in section 117, in the case of a minor
violation.
|
|
| Where no
representation
s received
|
(2) Where thirty days have elapsed after the
case presentation officer serves the statement
referred to in section 110 on the holder and the
Tribunal has not received any statement from
the holder under section 111, the Tribunal
shall consider the statement referred to in
section 110 and make one of the orders
referred to
|
|
|
|
(a) in section 116, in the case of a major
violation; and
|
|
|
|
(b) in section 117, in the case of a minor
violation.
|
|
|
|
Orders in Relation to Sanctions
|
|
| Major
violations
|
116. In a proceeding in respect of a major
violation, a Tribunal may, having regard to
any guidelines set out in any applicable
fisheries management agreement,
|
|
|
|
(a) make an order dismissing the
proceeding, if the Tribunal considers that
the case presentation officer has not
established that the holder is liable for the
violation;
|
|
|
|
(b) make an order allowing the proceeding
and make one or more orders under
subsection 99(1) or (2), if the Tribunal
considers that the case presentation officer
has established that the holder is liable for
the violation; or
|
|
|
|
(c) unless, in the opinion of the Tribunal, it
would not be in the public interest to do so,
approve any agreement reached under
section 105 and, where the Tribunal
approves such an agreement, it shall make
an order referred to in paragraph (a) or
orders referred to in paragraph (b).
|
|
| Minor
violations
|
117. In a proceeding in respect of a minor
violation, a Tribunal may
|
|
|
|
(a) make an order setting aside the
assessment of a monetary penalty, if the
Tribunal considers that the case
presentation officer has not established that
the holder is liable for the violation; or
|
|
|
|
(b) make an order under section 100, if the
Tribunal considers that the case
presentation officer has established that the
holder is liable for the violation.
|
|
|
|
Enforcement of Sanctions
|
|
| Debts due to
Her Majesty
|
118. (1) The following constitute debts due
to Her Majesty in right of Canada:
|
|
|
|
(a) a monetary penalty that is assessed by a
Tribunal against a holder or whose
assessment against a holder is confirmed by
a Tribunal under this Part, from the time
that it is assessed or confirmed or from any
later time fixed by the Tribunal on
extending the time for paying it; and
|
|
|
|
(b) costs incurred by a Tribunal under
subsection 99(3) in publishing the facts
relating to the commission of a violation,
from the time that the Tribunal incurs those
costs.
|
|
| Liens against
fishing vessels
|
(2) If the holder referred to in subsection (1)
is a fishing vessel, a lien attaches to the fishing
vessel for the amount of the debt, which lien
has priority over all other rights, interests,
claims and demands whatever, excepting only
claims for wages of seamen under the Canada
Shipping Act.
|
|
| Extinguishme
nt of debts
|
(3) An unpaid debt under this section is
extinguished on the day that is five years after
the day on which it became due.
|
|
| Expiration of
liens
|
(4) A lien under this section expires on the
day that is five years after the day on which it
was attached.
|
|
| Recovery of
debts in civil
courts
|
119. (1) If an amount that constitutes a debt
under section 118 is not paid, the Attorney
General of Canada may, by filing a certified
copy of the order made under subparagraph
99(2)(b)(ii) or paragraph 99(2)(c) or (d), as the
case may be, enter judgment for the amount of
the debt and costs, if any, in any civil court in
Canada that has jurisdiction to enter a
judgment for that amount.
|
|
| Effect of
filing order
|
(2) A judgment that is entered under this
section is enforceable against the debtor in the
same manner as if it were a judgment obtained
against that person in that court in a civil
proceeding by Her Majesty in right of Canada.
|
|
| Revocation
and
suspension of
licences
|
120. (1) If an amount that constitutes a debt
or lien under section 118 is not paid or if a
holder does not comply with an order of a
Tribunal made under subsection 99(2), the
Tribunal may
|
|
|
|
(a) revoke or suspend a licence held by the
holder; and
|
|
|
|
(b) prohibit the holder from applying for
any licence.
|
|
| Limitation
|
(2) Subject to subsection (3), no action may
be taken under subsection (1) in respect of an
order made under subsection 99(2) more than
five years after the order was made.
|
|
| Continuation
of revocation,
etc.
|
(3) Notwithstanding subsection 118(3),
where action is taken under subsection (1)
within five years after the debt becomes due,
the lien attaches or the order is made, action
may continue to be taken under that
subsection at any time while the amount
remains unpaid or the holder does not comply
with the order.
|
|
| Removal of
suspension
|
(4) The suspension of a licence under
subsection (1) ceases to have effect on the
payment of the amount or on compliance with
the order.
|
|
|
|
|
|
| Regulations
|
121. (1) The Governor in Council may
make regulations for carrying out the purposes
and provisions of this Part and in particular,
but without restricting the generality of the
foregoing, may make regulations
|
|
|
|
(a) prescribing classes of licences for the
purposes of this Part;
|
|
|
|
|
|
|
|
(i) provisions of this Act or the
regulations the contravention of which
constitutes a major violation, or
|
|
|
|
(ii) classes of conditions of a licence or
provisions of a fisheries management
order the contravention of which
constitutes a major violation;
|
|
|
|
|
|
|
|
(i) provisions of this Act or the
regulations the contravention of which
constitutes a minor violation, or
|
|
|
|
(ii) classes of conditions of a licence or
provisions of a fisheries management
order the contravention of which
constitutes a minor violation;
|
|
|
|
(d) establishing short-form descriptions of
minor violations;
|
|
|
|
(e) prescribing amounts not exceeding
$3,000 as the prescribed monetary penalties
for minor violations;
|
|
|
|
(f) prescribing the form and content of
|
|
|
|
(i) notices of major violation to be
completed and served under section 102,
|
|
|
|
(ii) notices of an election under section
103 to treat a violation as a major
violation, and
|
|
|
|
(iii) notices of the assessment of a
monetary penalty to be completed and
served under section 106;
|
|
|
|
(g) prescribing the circumstances referred
to in paragraph 103(1)(b);
|
|
|
|
(h) prescribing the procedures for the
making of default decisions by a Tribunal in
relation to violations;
|
|
|
|
(i) prescribing the fees to be charged with
respect to appeals under section 90 and
proceedings in relation to violations; and
|
|
|
|
(j) prescribing any other thing that by this
Part is to be or may be prescribed.
|
|
| Prescribed
form of notice
|
(2) A form prescribed under paragraph
(1)(f) must
|
|
|
|
(a) set out the options the holder served with
the notice has in responding to the notice
and the time within which the holder must
respond;
|
|
|
|
(b) be in both official languages and provide
an opportunity for the holder to indicate in
which official language, being the holder's
language, the holder wishes the hearing to
be held or the representations of the
Department to be made;
|
|
|
|
(c) in the case of a notice of major violation,
notice of election or notice of assessment of
a monetary penalty, state that any fish that
is seized under this Act in connection with
the violation will be forfeited to Her
Majesty in right of Canada if the holder
makes a payment in accordance with
paragraph 107(1)(a) or if it is established
that the fish was caught, killed, processed,
transported, purchased, sold or possessed in
contravention of this Act; and
|
|
|
|
(d) indicate that the consequence of not
responding to the notice is that a default
decision will be made by a Tribunal.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Fishery Officers and Fishery Guardians
|
|
| Designation
|
122. (1) The Minister may designate any
individual or classes of individuals as fishery
officers or fishery guardians for the purposes
of this Act and may limit in any manner that
the Minister considers appropriate the powers
that a fishery officer or fishery guardian may
exercise under this or any other Act of
Parliament.
|
|
| Certificate to
be shown
|
(2) On entering any place under this Act, a
fishery officer or fishery guardian shall, on
request, show the person in possession and
control of the place a certificate, in the form
approved by the Minister, certifying that the
officer or guardian has been designated
pursuant to this section and, where the powers
of a fishery officer or fishery guardian are
limited pursuant to subsection (1), specifying
the powers that the officer or guardian may
exercise under this or any other Act of
Parliament.
|
|
| Evidence of
appointment
or designation
|
(3) Any document purporting to be a
certificate referred to in subsection (2) is
evidence in all courts and in all proceedings of
the facts stated therein.
|
|
|
|
Inspection
|
|
| Inspection
|
123. (1) Subject to section 124, for the
purpose of ensuring compliance with this Act
and the regulations, a fishery officer or fishery
guardian may, at any reasonable time, enter
and inspect any place, including any premises,
vessel or vehicle, in which the officer or
guardian believes on reasonable grounds there
is being carried on any activity, work or
undertaking, or there is any fish or other thing,
in respect of which this Act or the regulations
apply, and may
|
|
|
|
(a) open any thing that the officer or
guardian believes on reasonable grounds
contains any fish or other thing in respect of
which this Act or the regulations apply;
|
|
|
|
(b) examine any fish or other thing that the
officer or guardian finds and take samples
of it;
|
|
|
|
(c) conduct any tests or analyses or take any
measurements; and
|
|
|
|
(d) examine any records, books of account
or other documents, including documents in
electronic form, that the officer or guardian
believes on reasonable grounds contain
information that is relevant to the
application of this Act or the regulations.
|
|
| Operation of
data
processing
systems and
copying
equipment
|
(2) In carrying out an inspection of a place
under subsection (1), a fishery officer or
fishery guardian may
|
|
|
|
(a) use or cause to be used any computer
system or data processing system at the
place to examine any data contained in or
available to the system;
|
|
|
|
(b) reproduce any record or cause it to be
reproduced from the data in the form of a
print-out or other intelligible output and
remove the print-out or other output for
examination or copying; and
|
|
|
|
(c) use or cause to be used any copying
equipment at the place to make copies of
any record, book of account or other
document.
|
|
| Fishing vessel
or vehicle
|
(3) For the purposes of carrying out an
inspection, the fishery officer or fishery
guardian may stop any fishing vessel or
vehicle or direct that it be moved to a place
where the inspection can be carried out.
|
|
| Disposition of
samples
|
(4) A fishery officer or fishery guardian
who takes a sample under paragraph (1)(b)
may dispose of it in any manner that the officer
or guardian considers appropriate.
|
|
| Warrant
required to
enter
dwelling-hous
e
|
124. (1) A fishery officer or fishery
guardian may not enter a dwelling-house
under section 123 except with the consent of
the occupant or under a warrant issued under
subsection (2).
|
|
| Authority to
issue warrant
|
(2) A justice who on ex parte application is
satisfied by information on oath
|
|
|
|
(a) that the conditions for entry described in
section 123 exist in relation to a
dwelling-house,
|
|
|
|
(b) that entry to the dwelling-house is
necessary for any purpose relating to the
enforcement of this Act, and
|
|
|
|
(c) that entry to the dwelling-house has been
refused or that there are reasonable grounds
for believing that entry will be refused
|
|
|
|
may issue a warrant authorizing the fishery
officer or fishery guardian named in it to enter
that dwelling-house, subject to any conditions
that may be specified in the warrant.
|
|
| Duty to assist
fishery
officers and
fishery
guardians
|
125. The owner or person who is in
possession or control of a place that is
inspected under section 123, and every person
found in the place, shall
|
|
|
|
(a) give the fishery officer or fishery
guardian all reasonable assistance to enable
the officer or guardian to carry out the
inspection and exercise any power
conferred by that section; and
|
|
|
|
(b) provide the fishery officer or fishery
guardian with any information relevant to
the application of this Act or the regulations
that the officer or guardian may reasonably
require.
|
|
| Fishing
vessels on
high seas
|
126. (1) A fishery officer may go on board
a fishing vessel on the high seas for the
purpose of verifying the fishing vessel's
nationality, where the officer has reasonable
grounds to believe that the fishing vessel is
|
|
|
|
(a) a Canadian fishing vessel;
|
|
|
|
(b) a fishing vessel without nationality; or
|
|
|
|
(c) a foreign fishing vessel whose flag state
is a state prescribed by regulations made
pursuant to subparagraph 185(c)(ii) and that
is in the area of the high seas prescribed by
those regulations.
|
|
| Reasonable
grounds
|
(2) For the purposes of subsection (1), a
fishery officer has reasonable grounds to
believe that a fishing vessel is a fishing vessel
without nationality, in particular, where
|
|
|
|
(a) the fishing vessel is flying the flag of a
state that has denied the right of that fishing
vessel to fly its flag; or
|
|
|
|
(b) the master of the vessel does not, on
request of the fishery officer, claim the right
to fly the flag of any state.
|
|
| Powers on
visit
|
(3) In verifying the nationality of a vessel
under this section, a fishery officer may
|
|
|
|
(a) check the documents on board the
fishing vessel issued by a state that evidence
the right of the fishing vessel to fly the flag
of that state; and
|
|
|
|
(b) if after those documents have been
checked there still remains reason to
believe that the fishing vessel is a fishing
vessel without nationality, proceed to a
further examination on board the fishing
vessel.
|
|