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(a) change the order or any prohibition,
direction or requirement mentioned in the
order;
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(b) relieve the person or fishing vessel,
either absolutely or partially and for any
period that the court considers appropriate,
of compliance with any prohibition, direc
tion or requirement mentioned in the order;
or
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(c) extend or decrease the period during
which the order shall remain in force.
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| Limitation
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(2) Where an application has been heard by
a court under subsection (1), no other applica
tion may be made in respect of the same order
except with leave of the court.
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| Offence and
punishment
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180. Every person or fishing vessel con
victed of an offence under this Act who
subsequently contravenes an order made un
der section 158 or 161
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(a) is guilty of an offence punishable on
summary conviction and liable to a punish
ment not exceeding the maximum punish
ment to which a person or fishing vessel is
liable on summary conviction for the origi
nal offence; or
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(b) is guilty of an indictable offence and
liable to a punishment not exceeding the
maximum punishment to which a person or
fishing vessel is liable on conviction on
indictment for the original offence.
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Ticketable Offences
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| Procedure
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181. (1) In addition to the procedures set out
in the Criminal Code for beginning a proceed
ing, a proceeding in respect of any prescribed
offence may be begun by a fishery officer,
fishery guardian or inspector
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(a) completing a ticket that consists of a
summons portion and an information por
tion;
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(b) delivering the summons portion of the
ticket to the accused or mailing it to the
accused at the accused's latest known
address; and
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(c) filing the information portion of the
ticket with a court of competent jurisdiction
before or as soon as practicable after the
summons portion has been delivered or
mailed.
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| Content of
ticket
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(2) The summons and information portions
of a ticket must
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(a) set out, in the prescribed manner, a
description of the offence and the time and
place of its alleged commission;
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(b) include a statement, signed by the
fishery officer, fishery guardian or inspec
tor who completes the ticket, that the
officer, guardian or inspector, as the case
may be, has reasonable grounds to believe
that the accused committed the offence;
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(c) set out the amount of the fine prescribed
for the offence and the manner in which and
period within which it may be paid;
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(d) include a statement that if the accused
pays the fine within the period set out in the
ticket, a conviction will be entered and
recorded against the accused; and
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(e) include a statement that, if the accused
wishes to plead not guilty or for any other
reason fails to pay the fine within the period
set out in the ticket, the accused must appear
in the court and at the time set out in the
ticket.
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| Notice of
forfeiture
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(3) Where any fish is seized under this Act
and proceedings relating to the fish are begun
by way of the ticketing procedure described in
subsection (1), the fishery officer, fishery
guardian or inspector who completes the
ticket shall give written notice to the accused
that if the accused pays the prescribed fine
within the period set out in the ticket, the fish,
or any proceeds realized from its disposition,
is thereupon forfeited to Her Majesty in right
of Canada.
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| Consequences
of payment
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182. Where an accused to whom the
summons portion of a ticket is delivered or
mailed pays the prescribed fine within the
period set out in the ticket,
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(a) the payment constitutes a plea of guilty
to the offence described in the ticket and a
conviction shall be entered against the
accused and no further action shall be taken
against the accused in respect of that
offence; and
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(b) notwithstanding sections 136 to 152,
any fish seized from the accused under this
Act relating to the offence described in the
ticket, or any proceeds realized from its
disposition, are forfeited to Her Majesty in
right of Canada and may be disposed of as
the Minister directs.
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| Ceasing to be
in force
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183. This section, sections 181 and 182 and
paragraphs 184(d) and (e) cease to be in force
on a day or days to be fixed by order of the
Governor in Council.
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| Regulations
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184. 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 fore
going, may make regulations prescribing
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(a) the manner of disposing of fish or other
things under section 134, including the
manner and form of giving notices in
relation to the disposition;
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(b) the manner and extent to which force
may be used for the purposes of section 153;
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(c) the manner in which the proceeds of
fines and the proceeds of the disposition of
forfeited things shall be distributed;
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(d) offences under this Act to which section
181 applies and the manner in which those
offences may be described in tickets;
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(e) classes of offences referred to in para
graph (d) and the amount of the fine for each
class, which amount may not exceed
$2,000; and
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(f) any other thing that by this Part is to be
or may be prescribed.
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| Powers of
Governor in
Council
|
185. The Governor in Council may make
regulations for carrying out the purposes and
provisions of this Act and in particular, but
without restricting the generality of the fore
going, may make regulations
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(a) prescribing the powers and duties of
persons engaged or employed in the admin
istration or enforcement of this Act and the
exercise of those powers and the perfor
mance of those duties;
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(b) subject to subsection 4(2), making
applicable to any area of the sea referred to
in subsection 4(1) any regulations made
pursuant to this Act;
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(c) for implementing the provisions of any
fisheries treaty to which Canada is a party,
any international conservation or manage
ment measure taken under such a treaty or
any fisheries arrangement between Canada
and one or more other states, and in
particular, but without restricting the gen
erality of the foregoing,
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(i) prescribing, where, in the opinion of
the Governor in Council, Canada is
authorized by or under the treaty, mea
sure or arrangement to enforce it against
nationals of other states or fishing vessels
entitled to fly the flags of other states,
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(A) the states in respect of which
Canada is so authorized, and
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(B) the area of the high seas to which
the treaty, measure or arrangement
applies,
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(ii) prescribing, where another state is
authorized by or under the treaty, mea
sure or arrangement to enforce it against
Canadian citizens or Canadian fishing
vessels,
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(A) the state that is so authorized, and
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(B) the area of the high seas to which
the treaty, measure or arrangement
applies, and
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(iii) restricting the powers conferred by
this Act on persons engaged or employed
in the administration or enforcement of
this Act in order to carry into effect the
terms of the treaty, measure or arrange
ment;
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(d) respecting any records, books of ac
count or documents, including documents
in electronic form, to be kept under this Act
and the manner and form in which and the
period for which they shall be kept;
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(e) respecting the manner in which records,
books of account or other documents shall
be produced and information shall be
provided under this Act;
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(f) prescribing the charges that are to be paid
to recover costs incurred by the Depart
ment, the Tribunal or any person with
respect to operations under licences and
leases referred to in section 5;
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(g) respecting the manner of service and the
giving and sending of summonses, notices,
statements and other documents under this
Act; and
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(h) prescribing any other thing that by this
Act is to be or may be prescribed.
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| R.S., c. A-1
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186. Schedule I to the Access to Informa
tion Act is amended by adding the following
in alphabetical order under the heading
``Other Government Institutions'':
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Atlantic Fisheries Tribunal
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Office des pêches de l'Atlantique
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Pacific Fisheries Tribunal
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Office des pêches du Pacifique
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| R.S., c. A-12
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187. Section 27 of the Arctic Waters
Pollution Prevention Act is replaced by the
following:
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| Protection of
persons
claiming
interest
|
27. (1) Sections 144 to 152 of the Fisheries
Act apply, with such modifications as the
circumstances require, to any ship and cargo
forfeited under this Act as though they were a
thing forfeited under subsection 137(2) of that
Act.
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| Reading
references in
applying
Fisheries Act
|
(2) In applying sections 144 to 152 of the
Fisheries Act for the purposes of this Act, the
references to ``the Minister'' in sections 145,
146, 150 and 151 of that Act shall be read as
references to the Governor in Council.
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| 1992, c. 31
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188. Paragraph 3(2)(a) of the Coasting
Trade Act is replaced by the following:
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(a) used as a fishing vessel, as defined in the
Fisheries Act, in any activity governed by
that Act and that does not carry any goods
or passengers other than goods or passen
gers incidental to any activity governed by
that Act;
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| 1992, c. 47
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189. Section 3 of the schedule to the
Contraventions Act and the heading before
it are repealed.
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| R.S., c. C-46
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| 1995, c. 29, s.
40
|
190. Paragraph (e) of the definition
``peace officer'' in section 2 of the Criminal
Code is replaced by the following:
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(e) a person designated as a fishery
officer or fishery guardian under the
Fisheries Act when performing any du
ties or functions under that Act,
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| 1992, c. 36
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|
191. Section 18 of the Energy Efficiency
Act is replaced by the following:
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| Protection of
persons
claiming
interest
|
18. Sections 144 to 152 of the Fisheries Act
apply, with such modifications as the circum
stances require, to a thing forfeited under
section 15 or 16, or an energy-using product
forfeited under section 17, as though it were a
thing forfeited under subsection 137(2) of that
Act.
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| R.S., c. F-11
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192. Schedule I.1 to the Financial Admin
istration Act is amended by adding the
following in alphabetical order in column I:
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Atlantic Fisheries Tribunal
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Office des pêches de l'Atlantique
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Pacific Fisheries Tribunal
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Office des pêches du Pacifique
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and by adding a corresponding reference to
the ``Minister of Fisheries and Oceans'' in
column II.
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| R.S., c. F-24
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193. Subsection 16(3) of the Fishing and
Recreational Harbours Act is replaced by
the following:
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| Protection of
persons
claiming
interest
|
(3) Sections 144 to 152 of the Fisheries Act
apply , with such modifications as the circum
stances require, to any thing forfeited under
subsection (2) as though it were a thing
forfeited under subsection 137(2) of that Act.
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