Bill C-115

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First Reading

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Variation of orders	179. (1) A court that has made an order under section 158 or 161 may, on application by the Attorney General or the person or fishing vessel to whom the order applies, require the person or fishing vessel to appear before it and, after hearing the person or fishing vessel and the Attorney General, vary the order in any of the following ways that the court considers appropriate because of a change in the circumstances of the person or fishing vessel since the order was made:
	(a) change the order or any prohibition, direction or requirement mentioned in the order;
	(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, direction or requirement mentioned in the order; or
	(c) extend or decrease the period during which the order shall remain in force.
Limitation	(2) Where an application has been heard by a court under subsection (1), no other application may be made in respect of the same order except with leave of the court.
Offence and punishment	180. Every person or fishing vessel convicted of an offence under this Act who subsequently contravenes an order made under section 158 or 161
	(a) is guilty of an offence punishable on summary conviction and liable to a punishment not exceeding the maximum punishment to which a person or fishing vessel is liable on summary conviction for the original offence; or
	(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.
	Ticketable Offences
Procedure	181. (1) In addition to the procedures set out in the Criminal Code for beginning a proceeding, a proceeding in respect of any prescribed offence may be begun by a fishery officer, fishery guardian or inspector
	(a) completing a ticket that consists of a summons portion and an information portion;
	(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
	(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.
Content of ticket	(2) The summons and information portions of a ticket must
	(a) set out, in the prescribed manner, a description of the offence and the time and place of its alleged commission;
	(b) include a statement, signed by the fishery officer, fishery guardian or inspector 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;
	(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;
	(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
	(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.
Notice of forfeiture	182. Where any fish is seized under this Act and proceedings relating to the fish are begun by way of the ticketing procedure described in section 181, the fishery officer or fishery guardian 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.
Consequences of payment	183. 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,
	(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
	(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.
	Regulations
Regulations	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 foregoing, may make regulations prescribing
	(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;
	(b) the manner and extent to which force may be used for the purposes of section 153;
	(c) the manner in which the proceeds of fines and the proceeds of the disposition of forfeited things shall be distributed;
	(d) offences under this Act to which section 181 applies and the manner in which those offences may be described in tickets;
	(e) the amount of the fine for an offence to which section 181 applies, which amount may not exceed $2,000; and
	(f) any other thing that by this Part is to be or may be prescribed.
	REGULATIONS
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 foregoing, may make regulations
	(a) prescribing the powers and duties of persons engaged or employed in the administration or enforcement of this Act and the exercise of those powers and the performance of those duties;
	(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;
	(c) for implementing the provisions of any fisheries treaty to which Canada is a party, any international conservation or management 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 generality of the foregoing,
	(i) prescribing, where, in the opinion of the Governor in Council, Canada is authorized by or under the treaty, measure or arrangement to enforce it against nationals of other states or fishing vessels entitled to fly the flags of other states,
	(A) the states in respect of which Canada is so authorized, and
	(B) the area of the high seas to which the treaty, measure or arrangement applies,
	(ii) prescribing, where another state is authorized by or under the treaty, measure or arrangement to enforce it against Canadian citizens or Canadian fishing vessels,
	(A) the state that is so authorized, and
	(B) the area of the high seas to which the treaty, measure or arrangement applies, and
	(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 arrangement;
	(d) respecting any records, books of account 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;
	(e) respecting the manner in which records, books of account or other documents shall be produced and information shall be provided under this Act;
	(f) prescribing the charges that are to be paid to recover costs incurred by the Department, the Tribunal or any person with respect to operations under licences and leases referred to in section 5;
	(g) respecting the manner of service and sending of summonses, notices, statements and other documents under this Act; and
	(h) prescribing any other thing that by this Act is to be or may be prescribed.
	CONSEQUENTIAL AMENDMENTS
R.S., c. A-1	Access to Information Act
	*186. Schedule I to the Access to Information Act* is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':**
	Atlantic Fisheries Tribunal
	Office des pêches de l'Atlantique
	Pacific Fisheries Tribunal
	Office des pêches du Pacifique
1995, c. 22	An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof
	*187. Item 5 of Schedule III to An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof, chapter 22 of the Statutes of Canada, 1995, is repealed.*
R.S., c. A-12	Arctic Waters Pollution Prevention Act
	*188. Section 27 of the Arctic Waters Pollution Prevention Act* is replaced by the following:**
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.
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, 149, 150 and 151 of that Act shall be read as references to the Governor in Council.
1992, c. 31	Coasting Trade Act
	*189. Paragraph 3(2)(a) of the Coasting Trade Act* is replaced by the following:**
	(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 passengers incidental to any activity governed by that Act;
1992, c. 47	Contraventions Act
	*190. Section 3 of the schedule to the Contraventions Act* and the heading before it are repealed.**
R.S., c. C-46	Criminal Code
1995, c. 29, s. 40	*191. Paragraph (e) of the definition ``peace officer'' in section 2 of the Criminal Code* is replaced by the following:**
	(e) a person designated as a fishery officer or fishery guardian under the Fisheries Act when performing any duties or functions under that Act,
1992, c. 36	Energy Efficiency Act
	*192. Section 18 of the Energy Efficiency Act* is replaced by the following:**
Protection of persons claiming interest	18. Sections 144 to 152 of the Fisheries Act apply, with such modifications as the circumstances 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.
R.S., c. F-11	Financial Administration Act
	*193. Schedule I.1 to the Financial Administration Act* is amended by adding the following in alphabetical order in column I:**
	Atlantic Fisheries Tribunal
	Office des pêches de l'Atlantique
	Pacific Fisheries Tribunal
	Office des pêches du Pacifique
	and by adding a corresponding reference to the ``Minister of Fisheries and Oceans'' in column II.