BILL C-62 - First Reading

Civil remedies	(8) No civil remedy for any act or omission is suspended or affected by reason only that the act or omission is authorized under this Part, is an offence under this Part or gives rise to civil liability under this Part.
Action by Attorney General of Canada	(9) Notwithstanding that a prosecution has been instituted in respect of an offence under sections 61 to 63, the Attorney General of Canada may commence and maintain pro ceedings to enjoin anything punishable as an offence under those sections.
	Offences and Punishment
Offences and punishment	61. Every person who contravenes subsec tion 49(1) or 50(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 subse quent 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 subsec tion 48(1) within a reasonable time after the request is made,
	(b) carries on any prescribed project or other work, activity or undertaking de scribed in subsection 48(1)
	(i) otherwise than in accordance with any material or information relating to the project, work, activity or undertaking that the person provides to the Minister under that subsection, or
	(ii) in contravention of an order of the Minister made under subsection 48(2);
	(c) contravenes subsection 49(2);
	(d) undertakes a work, activity or undertak ing other than a prescribed project other wise than as authorized by the Minister or pursuant to the regulations;
	(e) fails to make a notification under subsection 56(1) or, subject to the regula tions, provide a report under subsection 56(2),
	(f) fails to take any reasonable measures that the person is required to take under subsection 56(3),
	(g) fails to comply with the whole or any part of a direction of an inspector, fishery officer or other authority under subsection 56(4), or
	(h) fails to provide any information that is to be provided under the regulations,
	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 sub sequent 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 subsec tion 43(1), section 44, subsection 45(1) or (2), 46(3) or 50(3) or section 52 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.
	PART III
	ADMINISTRATIVE SANCTIONS
	Application
Application	65. (1) This Part applies in respect of prescribed classes of licences.
Non- application	(2) Section 8 does not apply in respect of a licence to which this Part applies.
	Establishment of Tribunals
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.
Chief executive officer	68. (1) The Chairperson is the chief execu tive officer of the Tribunal.
Absence, etc., of Chairperson	(2) If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, such other member of the Tribunal as is designated by the Governor in Council shall perform the functions of the Chairperson.
Term of members	69. (1) The members of a Tribunal shall be appointed to hold office during good beha viour for a term not exceeding three years, but may be removed by the Governor in Council at any time for cause.
Re- appointment	(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 knowledge able 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 other wise, 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 allow ances 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 reason able 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 regula tions 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.
	Services and Facilities and Staffing
Secretary and other staff	75. (1) The secretary and other staff neces sary 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 administer ing this Act, provide the Department with information about holders respecting appeals under section 90 and violations.
	Civil Liability
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 Pro ceedings 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 secre tary 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.
	Procedural Matters
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 desir able 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 respect ing the calling of meetings of the Tribunal, the conduct of business at meetings of the Tribu nal 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 in formation 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.