Bill C-115

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First Reading

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	Offences and Punishment
	Obstruction and False Information
Obstruction	154. No person shall interfere with, resist or wilfully obstruct a fishery officer, a fishery guardian or an inspector in the performance of their duties under this Act.
False statements to fishery officers, etc.	155. (1) No person shall make a false or misleading statement, whether orally or in writing, to a fishery officer, fishery guardian or inspector, or any authority designated by a fishery officer or fishery guardian who is performing duties under this Act.
False statements in applications	(2) No person shall make a false or misleading statement, whether orally or in writing, in an application for a licence or a lease under this Act.
False records	(3) No person shall produce for examination or copying by a fishery officer, fishery guardian or inspector, or any authority designated by a fishery officer or fishery guardian, any record, book of account or other document, including a document in electronic form, that contains false or misleading information.
False statements in written representation s	(4) No person shall make a false or misleading statement in a statement referred to in section 110, 111 or 114 or in any other statement that is sent to the Tribunal and that sets out written representations in connection with a violation or contains documentary evidence in support of those representations.
	Foreign Fishing Vessels
Illegal entry	156. (1) Every foreign fishing vessel that contravenes section 30
	(a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $100,000; or
	(b) is guilty of an indictable offence and liable to a fine not exceeding $500,000.
Unauthorized fishing	(2) Every foreign fishing vessel that contravenes paragraph 31(1)(a)
	(a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $150,000; or
	(b) is guilty of an indictable offence and liable to a fine not exceeding $750,000.
Other activities	(3) Every fishing vessel that contravenes any of paragraphs 31(1)(b) to (e), section 32, 34, 35 or 36 or any regulations made under any of those provisions
	(a) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $100,000; or
	(b) is guilty of an indictable offence and liable to a fine not exceeding $500,000.
	General Provisions
Punishment not otherwise provided for	157. Subject to this Act, every person who or fishing vessel that contravenes this Act, the regulations, a fisheries management order, a lease or a condition of a licence,
	(a) is guilty of an offence punishable on summary conviction and liable
	(i) for a first offence, to a fine not exceeding $100,000, and
	(ii) for any subsequent offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both; or
	(b) is guilty of an indictable offence and liable
	(i) for a first offence, to a fine not exceeding $500,000, and
	(ii) for any subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both.
Orders of court	158. (1) Where a person or fishing vessel is convicted of an offence under this Act, in addition to any punishment imposed the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order containing any one or more of the following prohibitions, directions or requirements:
	(a) prohibiting the person or fishing vessel from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;
	(b) directing the person or fishing vessel to take any action the court considers appropriate to remedy or avoid any harm to any fish, fishery or fish habitat that resulted or may result from the commission of the offence;
	(c) directing the person or fishing vessel to publish, in any manner the court considers appropriate, the facts relating to the commission of the offence;
	(d) directing the person or fishing vessel to pay the Minister an amount of money as compensation, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the Minister as a result of the commission of the offence;
	(e) directing the person to perform community service in accordance with any reasonable conditions that may be specified in the order;
	(f) directing the person or fishing vessel to pay Her Majesty in right of Canada an amount of money the court considers appropriate for the purpose of promoting the proper management and control of fisheries or fish habitat or the conservation and protection of fish or fish habitat;
	(g) directing the person or fishing vessel to post a bond or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section;
	(h) directing the person or fishing vessel to submit to the Department, within three years after the day on which the order is made, any information requested by the Department respecting the activities of the person or fishing vessel that relates to a matter specified in the order; and
	(i) requiring the person or fishing vessel to comply with any other conditions that the court considers appropriate for securing the person's or fishing vessel's good conduct and for preventing the person or fishing vessel from repeating the offence or committing other offences under this Act.
Publication	(2) Where a person or fishing vessel does not comply with an order made under paragraph (1)(c) directing the person or fishing vessel to publish the facts relating to the commission of an offence, the Minister may publish those facts and recover the costs of publication from the person or fishing vessel.
Revocation, etc.	159. Where a person or fishing vessel is convicted of an offence under this Act in respect of any matter relating to any operation under a licence or lease, in addition to any other punishment imposed the court may, by order,
	(a) revoke the licence or lease or suspend it for any period the court considers appropriate; and
	(b) prohibit the person or fishing vessel from applying for any licence or lease under this Act during any period the court considers appropriate.
Additional fine	160. Where a person or fishing vessel is convicted of an offence under this Act and the court is satisfied that as a result of committing the offence the person or fishing vessel acquired monetary benefits or monetary benefits accrued to the person or fishing vessel, the court may, notwithstanding the maximum amount of any fine that may otherwise be imposed under this Act, order the person or fishing vessel to pay an additional fine in an amount equal to the court's finding of the amount of those monetary benefits.
Suspended sentence	161. (1) Where a person or fishing vessel is convicted of an offence under this Act and the court suspends the passing of sentence pursuant to paragraph 737(1)(a) of the Criminal Code, or, after the coming into force of section 6 of An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, chapter 22 of the Statutes of Canada, 1995, pursuant to paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order directing the person or fishing vessel to comply with any prohibition, direction or requirement mentioned in section 158.
Imposition of sentence	(2) Where a person or fishing vessel whose sentence has been suspended does not comply with an order made under subsection (1) or is convicted, within three years after the day on which the order was made, of another offence under this Act, the court may, on the application of the Attorney General, impose any sentence that could have been imposed if the passing of sentence had not been suspended.
	Procedure
Continuing offences	162. Where an offence under this Act is committed or continued on more than one day, it constitutes a separate offence for each day on which the contravention is committed or continued.
Attorney General of Canada	163. No proceeding in respect of
	(a) a contravention of section 34,
	(b) an offence referred to in section 37, or
	(c) a contravention of section 154 in relation to a contravention of section 34
	may be commenced without the personal consent in writing of the Attorney General of Canada or the Deputy Attorney General, and such a proceeding may be conducted only by the Attorney General of Canada or counsel acting on behalf of the Attorney General of Canada.
Offences by corporate officers, etc.	164. Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted.
Offences by employees and agents	165. In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused.
Offences by fishing vessels	166. In any prosecution of a fishing vessel for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by a person on board the fishing vessel, whether or not the person is identified or has been prosecuted for the offence.
Offences committed under licence or lease	167. In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by a person under a licence issued, or a lease granted, to the accused pursuant to this Act, whether or not the person is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused.
Burden of proving licence or lease	168. In any prosecution for an offence under this Act, where a question arises as to whether a person was issued a licence or granted a lease, the burden is on the person to establish that the licence was issued or the lease was granted.
Due diligence defence	169. A person or fishing vessel may not be convicted of an offence under this Act if the person or fishing vessel establishes that the person or fishing vessel
	(a) exercised all due diligence to prevent its commission; or
	(b) reasonably and honestly believed in the existence of facts that, if true, would render the person's or fishing vessel's conduct innocent.
Limitation period	170. (1) A proceeding by way of summary conviction in respect of an offence under this Act may be begun at any time within but not later than two years after the time when the Minister became aware of the subject-matter of the proceeding.
Minister's certificate	(2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, is evidence of the matter asserted in it without proof of the signature or of the official character of the person appearing to have signed it.
Appeal in proceedings by indictment	171. (1) For the purpose of Part XXI of the Criminal Code, any order and any decision not to make an order under section 137 or any of sections 158 to 161 as well as any sentence passed by the court under this Act shall be considered a sentence within the meaning of section 673 of the Criminal Code.
Appeal in summary conviction proceedings	(2) For the purpose of Part XXVII of the Criminal Code, any order and any decision not to make an order under section 137 or any of sections 158 to 161 as well as any sentence passed by the court under this Act shall be considered a sentence within the meaning of section 785 of the Criminal Code.
	Proceedings against Fishing Vessels
Appearance of fishing vessel	172. A fishing vessel on which a summons is served must appear by counsel or agent.
Trial where fishing vessel does not appear	173. (1) If a fishing vessel does not appear, the court may, on proof of service of the summons, proceed with the trial in the absence of the fishing vessel.
Proceedings on indictment	(2) For greater certainty, subsection (1) applies in respect of a trial of an indictment.
Notice of proceedings	174. The Minister, in the case of proceedings with respect to the commission of an offence under this Act by a fishing vessel, or the case presentation officer, in the case of proceedings with respect to the commission of a violation by a fishing vessel, shall forthwith give notice of the proceedings to the owner of the fishing vessel and to every person referred to in section 139.
Fines	175. Where a fishing vessel is convicted of an offence under this Act and a fine is imposed, the amount of the fine constitutes a debt due to Her Majesty in right of Canada owed by the person who, at the time the offence was committed, was lawfully entitled to possession of the fishing vessel, whether as owner or as charterer.
Enforcement of fine against other fishing vessels	176. (1) Where a fishing vessel is convicted of an offence under this Act and a fine referred to in section 175 is imposed, a fishery officer or fishery guardian may seize any other fishing vessel that, at the time the offence was committed, was beneficially owned by the person who, at that time, was lawfully entitled to possession of the fishing vessel, whether as owner or as charterer, that was convicted of the offence.
Notice	(2) The Minister shall give notice of the seizure to the owner and persons referred to in section 139.
Disposition	(3) Subject to sections 144 to 152, the fishing vessel shall be disposed of in such a manner as the Minister directs and, for the purposes of subsection 144(1), the period of thirty days commences after the notice under subsection (2) is received.
	Execution
Debt due to Her Majesty	177. (1) The following amounts constitute debts due to Her Majesty in right of Canada:
	(a) an amount that a person is directed to pay, pursuant to an order made under section 158, from the time of the order;
	(b) costs incurred in the seizure, retention, maintenance or disposition of any fish or other thing seized under section 131, from the time that the costs were incurred; and
	(c) costs incurred by the Minister under subsection 158(2) in publishing the facts relating to the commission of an offence, from the time that the Minister incurs those costs.
Liens against fishing vessels	(2) If a debt referred to in subsection (1) is owed by 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.
Revocation and suspension of licences	178. (1) If an amount that constitutes a debt or lien under section 177 is not paid or if a holder does not comply with an order made under subsection 158(1) or section 161, the Minister may
	(a) revoke or suspend a licence held by the holder; and
	(b) refuse to issue any licence.
Limitation	(2) Subject to subsection (3), no action may be taken under subsection (1) in respect of an order made under subsection 158(1) more than five years after the order was made.
Continuing refusal to issue	(3) Notwithstanding subsection 177(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.

Bill C-115

Offences and Punishment