Fines
cumulative
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(4) A fine imposed for an offence involving
more than one animal, plant or other organism
may be calculated in respect of each one as
though it had been the subject of a separate
information and the fine then imposed is the
total of that calculation.
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Additional
fine
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(5) Where a person has been convicted of an
offence and the court is satisfied that monetary
benefits accrued to the person as a result of the
commission of the offence,
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Forfeiture
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39.7 (1) Where a person is convicted of an
offence, the convicting court may, in addition
to any punishment imposed, order that any
seized thing by means of or in relation to
which the offence was committed, or any
proceeds of its disposition, be forfeited to Her
Majesty.
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Return where
no forfeiture
ordered
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(2) Where the convicting court does not
order the forfeiture, the seized thing, or the
proceeds of its disposition, must be returned to
its lawful owner or the person lawfully
entitled to it.
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Retention or
sale
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39.8 Where a fine is imposed on a person
convicted of an offence, any seized thing, or
any proceeds of its disposition, may be
retained until the fine is paid or the thing may
be sold in satisfaction of the fine and the
proceeds applied, in whole or in part, in
payment of the fine.
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Orders of
court
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39.9 Where a person is convicted of an
offence, the court may, in addition to any
punishment imposed and having regard to the
nature of the offence and the circumstances
surrounding its commission, make an order
containing one or more of the following
prohibitions, directions or requirements:
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Suspended
sentence
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39.10 (1) Where a person is convicted of an
offence and the court suspends the passing of
sentence pursuant to paragraph 737(1)(a) of
the Criminal Code, the court may, in addition
to any probation order made under that
paragraph, make an order containing one or
more of the prohibitions, directions or
requirements mentioned in section 39.9.
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Imposition of
sentence
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(2) Where the person does not comply with
the order or is convicted of another offence,
within three years after the order was made,
the court may, on the application of the
prosecution, impose any sentence that could
have been imposed if the passing of sentence
had not been suspended.
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Limitation
period
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39.11 (1) Proceedings by way of summary
conviction in respect of an offence may be at
any time within, but not later than, two years
after the day on which the subject-matter of
the proceedings became known to the
Minister.
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Minister's
certificate
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(2) A document appearing to have been
issued by the Minister, certifying the day on
which the subject-matter of any proceedings
became known to the Minister, is admissible
in evidence without proof of the signature or
official character of the person appearing to
have signed the document and is proof of the
matter asserted in it.
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PART III |
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POWERS, DUTIES AND FUNCTIONS OF THE MINISTER |
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General |
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Powers, duties
and functions
of the
Minister
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40. (1) As the Minister responsible for
oceans, the powers, duties and functions of the
Minister extend to and include all matters over
which Parliament has jurisdiction, not
assigned by law to any other department,
board or agency of the Government of
Canada, relating to the policies and programs
of the Government of Canada respecting
oceans.
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Encourageme
nt of activities
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(2) For the purpose of subsection (1), the
Minister shall encourage activities necessary
to foster understanding, management and
sustainable development of oceans and
marine resources and the provision of services
of the Canadian Coast Guard and the
Canadian Hydrographic Service to ensure the
facilitation of marine trade, commerce and
safety in collaboration with other ministers of
the Government of Canada.
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Canadian Coast Guard |
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Coast Guard
services
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41. (1) As the Minister responsible for
Coast Guard services, the powers, duties and
functions of the Minister extend to and include
all matters over which Parliament has
jurisdiction, not assigned by law to any other
department, board or agency of the
Government of Canada, relating to
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Cost effective
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(2) The Minister shall ensure that the
services referred to in subparagraphs (1)(a)(i)
to (iv) are provided in a cost effective manner.
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Marine Sciences |
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Functions
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42. In exercising the powers and
performing the duties and functions assigned
by paragraph 4(1)(c) of the Department of
Fisheries and Oceans Act, the Minister may
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Powers
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43. Subject to section 4 of the Department
of Fisheries and Oceans Act respecting the
powers, duties and functions of the Minister in
relation to matters mentioned in that section
over which Parliament has jurisdiction, the
Minister
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Marine
scientific
research by
foreign ships
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44. The Minister may
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Minister's
powers
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45. As the Minister responsible for
hydrographic services, the powers, duties and
functions of the Minister extend to and include
all matters over which Parliament has
jurisdiction, not assigned by law to any other
department, board or agency of the
Government of Canada, relating to
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Entry on lands
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46. A hydrographer may, for the purpose of
conducting a hydrographic survey on behalf
of the Minister, enter on or pass over the lands
of any person but shall take all reasonable
precautions to avoid causing any damage in
doing so.
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Fees |
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Fees for
services or use
of facilities
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47. (1) The Minister may, subject to any
regulations that the Treasury Board may make
for the purposes of this section, fix the fees to
be paid for a service or the use of a facility
provided under this Act by the Minister, the
Department or any board or agency of the
Government of Canada for which the Minister
has responsibility.
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Amount not to
exceed cost
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(2) Fees for a service or the use of a facility
that are fixed under subsection (1) may not
exceed the cost to Her Majesty in right of
Canada of providing the service or the use of
the facility.
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Fees for
products,
rights and
privileges
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48. The Minister may, subject to any
regulations that the Treasury Board may make
for the purposes of this section, fix fees in
respect of products, rights and privileges
provided under this Act by the Minister, the
Department or any board or agency of the
Government of Canada for which the Minister
has responsibility.
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Fees in
respect of
regulatory
processes, etc.
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49. (1) The Minister may, subject to any
regulations that the Treasury Board may make
for the purposes of this section, fix fees in
respect of regulatory processes or approvals
provided under this Act by the Minister, the
Department or any board or agency of the
Government of Canada for which the Minister
has responsibility.
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Amount
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(2) Fees that are fixed under subsection (1)
shall in the aggregate not exceed an amount
sufficient to compensate Her Majesty in right
of Canada for any reasonable outlays incurred
by Her Majesty for the purpose of providing
the regulatory processes or approvals.
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Consultation
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50. (1) Before fixing a fee under this Act,
the Minister shall consult with such persons or
bodies as the Minister considers to be
interested in the matter.
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Publication
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(2) The Minister shall, within 30 days after
fixing a fee under this Act, publish the fee in
the Canada Gazette and by such appropriate
electronic or other means that the Treasury
Board may authorize by regulation.
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Reference to
Scrutiny
Committee
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(3) Any fee fixed under this Act shall stand
referred to the Committee referred to in
section 19 of the Statutory Instruments Act to
be reviewed and scrutinized as if it were a
statutory instrument.
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Power to
make
regulations
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51. The Treasury Board may make
regulations for the purposes of section 47, 48,
49 or 50.
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Review
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52. (1) The administration of this Act shall,
within three years after the enactment of this
Act, be reviewed by the Standing Committee
on Fisheries and Oceans.
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Report to
Parliament
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(2) The Committee shall undertake a
comprehensive review of the provisions and
operation of this Act, including the
consequences of its implementation, and
shall, within a year after the review is
undertaken or within such further time as the
House of Commons may authorize, submit a
report ot Parliament thereon including a
statement of any changes to this Act or its
administration that the Committee would
recommend.
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