Bill C-115
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TABLE OF PROVISIONS |
AN ACT RESPECTING FISHERIES |
| Preamble
|
SHORT TITLE |
| 1. Short title
|
INTERPRETATION |
| 2. Definitions
|
HER MAJESTY |
| 3. Binding on Her Majesty
|
TERRITORIAL OPERATION |
| 4. Territorial operation
|
PART I |
FISHERIES CONSERVATION AND MANAGEMENT |
Licences and Leases |
| 5. Issuance, etc.
|
| 6. Licensing policy
|
| 7. Conditions
|
| 8. Revocation or suspension
|
| 9. Delegation of licensing authority
|
Fisheries Management Orders |
| 10. Fisheries management orders
|
| 11. Notice
|
| 12. Effect of orders
|
| 13. Delegation
|
Financial Assistance for Economic Development and Adjustment |
| 14. Programs and projects
|
| 15. Financial assistance
|
| 16. Agreements, etc.
|
Fisheries Management Agreements |
| 17. Powers of Minister
|
| 18. Notice
|
| 19. Publication
|
| 20. Inconsistency
|
| 21. Minister's powers not limited
|
Exemption from Statutory Instruments Act |
| 22. Certain instruments exempted
|
Conservation and Protection of Fish |
| 23. Destruction of fish
|
| 24. Main channel not to be obstructed
|
| 25. Nets, weirs, etc., not to obstruct passage of fish
|
| 26. Fish-ways and canals
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| 27. Prohibition
|
| 28. Unlawful sale or possession
|
| 29. Setting gear during closed time
|
International Conservation and Management Measures |
| 30. Entry of foreign fishing vessels
|
| 31. Fishing
|
| 32. Importation of fish
|
| 33. Purpose
|
| 34. NAFO Regulatory Area
|
| 35. Fishing vessels without nationality
|
| 36. Provisioning in Canadian waters
|
Application of Criminal Law |
| 37. Application of criminal law
|
| 38. Exercising powers of arrest, entry, etc.
|
Information Returns |
| 39. Persons who may be required to provide information
|
Application |
| 40. Exemption for law enforcement activities
|
Regulations |
| 41. Regulations
|
PART II |
FISH HABITAT CONSERVATION AND PROTECTION, AND POLLUTION PREVENTION |
Interpretation |
| 42. Definitions
|
Removal of Obstructions |
| 43. Removal of obstructions
|
Fish-ways and other Structures |
| 44. Construction of fish-way, etc.
|
| 45. Fish guards, screens, etc.
|
| 46. Costs of removal, etc.
|
| 47. Supply of water flow
|
Fish Habitat |
| 48. Alteration, etc., of fish habitat
|
Pollution |
| 49. Deposit of deleterious substance prohibited
|
| 50. Minister may require plans and specifications
|
Inspectors and Analysts |
| 51. Designation of inspectors and analysts
|
| 52. Duty to assist inspectors
|
| 53. Warrant
|
| 54. Where warrant not necessary
|
| 55. Powers during search
|
| 56. Entry
|
| 57. Certificate of analyst as proof
|
Reports and Corrective Measures |
| 58. Duty to notify
|
Regulations |
| 59. Regulations
|
| 60. Civil liability
|
Offences and Punishment |
| 61. Offences and punishment
|
| 62. Offences and punishment
|
| 63. Offences and punishment
|
| 64. Matters of proof
|
PART III |
ADMINISTRATIVE SANCTIONS |
Application |
| 65. Application
|
Establishment of Tribunals |
| 66. Atlantic Fisheries Tribunal established
|
| 67. Pacific Fisheries Tribunal established
|
| 68. Absence, etc., of Chairperson
|
| 69. Term of members
|
| 70. Knowledge
|
| 71. Conflict of interest
|
| 72. Other employment
|
| 73. Remuneration and fees
|
| 74. Acting after expiration of term
|
Services and Facilities and Staffing |
| 75. Secretary and other staff
|
| 76. Government services and facilities
|
| 77. Sharing of information
|
Civil Liability |
| 78. Immunity
|
| 79. Contractual liability
|
| 80. Tort liability
|
Procedural Matters |
| 81. Exercise of jurisdiction
|
| 82. Right to appear
|
| 83. Powers
|
| 84. Enforcement of summonses and orders
|
| 85. Review of decisions and orders
|
| 86. Publication
|
| 87. Judicial review
|
| 88. By-laws
|
| 89. Rules
|
Licence Appeals |
| 90. Appeals to Tribunal
|
Violations |
| Violations and their Classification
|
| 91. Classification of violations
|
| 92. Major violations
|
| 93. Minor violations
|
| 94. Violation not an offence
|
| Liability for Violations
|
| 95. Direct and vicarious liability
|
| 96. Burden of proof
|
| 97. Excuses
|
| 98. Continuing violations
|
| Sanctions
|
| 99. Revocation or suspension of licence
|
| 100. Sanctions for minor violations
|
| Case Presentation Officers
|
| 101. Case presentation officers
|
| Major Violations
|
| 102. Notice of major violation
|
| 103. Election
|
| 104. Options of holders
|
| 105. Settlement
|
| Minor Violations
|
| 106. Assessment of monetary penalty
|
| 107. Options of holders
|
| Hearing
|
| 108. Hearing to be held
|
| Opportunity to Make Written Representations
|
| 109. Tribunal to inform Department
|
| 110. Department to provide its case
|
| 111. Right to make written representations
|
| 112. Department to be notified of holder's representations
|
| 113. Written representations
|
| 114. Opportunity for additional written representations
|
| 115. Tribunal to consider case
|
| Orders in Relation to Sanctions
|
| 116. Major violations
|
| 117. Minor violations
|
| Enforcement of Sanctions
|
| 118. Debts due to Her Majesty
|
| 119. Recovery of debts in civil courts
|
| 120. Revocation and suspension of licences
|
Regulations |
| 121. Regulations
|
PART IV |
ADMINISTRATION AND ENFORCEMENT |
Administration |
| Fishery Officers and Fishery Guardians
|
| 122. Designation
|
| Inspection
|
| 123. Inspection
|
| 124. Warrant required to enter dwelling-house
|
| 125. Duty to assist fishery officers and fishery guardians
|
| 126. Fishing vessels on high seas
|
Enforcement |
| Search
|
| 127. Warrant
|
| 128. Where warrant not necessary
|
| 129. Powers during search
|
| 130. Entry
|
| Seizure
|
| 131. Seizure
|
| 132. Release of seized fish
|
| 133. Retention of seized things
|
| 134. Perishables
|
| 135. Return of seized things on deposit of security
|
| Retention of Seized Things
|
| 136. Return of seized things where no proceeding begun
|
| Forfeiture and Disposition
|
| 137. Proceedings in relation to offence
|
| 138. Proceedings in relation to violation
|
| 139. Notice of forfeiture
|
| 140. Forfeiture where ownership not ascertainable
|
| 141. Forfeiture on consent
|
| 142. Disposition of forfeited things
|
| 143. Return of things not forfeited
|
| Relief from Forfeiture
|
| 144. Application by person claiming interest
|
| 145. Return where security given
|
| 146. Disposition of thing
|
| 147. Order by court
|
| 148. Ranking of applicants
|
| 149. Appeal
|
| 150. Application to Minister
|
| 151. Discharge of encumbrances
|
| 152. Her Majesty not liable for shortfall
|
| Other Enforcement Measures
|
| 153. Arrest
|
Offences and Punishment |
| Obstruction and False Information
|
| 154. Obstruction
|
| 155. False statements to fishery officers, etc.
|
| Foreign Fishing Vessels
|
| 156. Illegal entry
|
| General Provisions
|
| 157. Punishment not otherwise provided for
|
| 158. Orders of court
|
| 159. Revocation, etc.
|
| 160. Additional fine
|
| 161. Suspended sentence
|
| Procedure
|
| 162. Continuing offences
|
| 163. Attorney General of Canada
|
| 164. Offences by corporate officers, etc.
|
| 165. Offences by employees and agents
|
| 166. Offences by fishing vessels
|
| 167. Offences committed under licence or lease
|
| 168. Burden of proving licence or lease
|
| 169. Due diligence defence
|
| 170. Limitation period
|
| 171. Appeal in proceedings by indictment
|
| Proceedings against Fishing Vessels
|
| 172. Appearance of fishing vessel
|
| 173. Trial where fishing vessel does not appear
|
| 174. Notice of proceedings
|
| 175. Fines
|
| 176. Enforcement of fine against other fishing vessels
|
| Execution
|
| 177. Debt due to Her Majesty
|
| 178. Revocation and suspension of licences
|
| 179. Variation of orders
|
| 180. Offence and punishment
|
| Ticketable Offences
|
| 181. Procedure
|
| 182. Notice of forfeiture
|
| 183. Consequences of payment
|
Regulations |
| 184. Regulations
|
REGULATIONS |
| 185. Powers of Governor in Council
|
CONSEQUENTIAL AMENDMENTS |
| 186. Access to Information Act
|
| 187. An Act to amend the Criminal Code (sentencing) and
other Acts in consequence thereof
|
| 188. Arctic Waters Pollution Prevention Act
|
| 189. Coasting Trade Act
|
| 190. Contraventions Act
|
| 191. Criminal Code
|
| 192. Energy Efficiency Act
|
| 193. Financial Administration Act
|
| 194. Fishing and Recreational Harbours Act
|
| 195. Northwest Territories Waters Act
|
| 196. Nunavut Act
|
| 197. Precious Metals Marking Act
|
| 198. Privacy Act
|
| 199. Public Sector Compensation Act
|
| 200. Public Service Staff Relations Act
|
| 201. Public Service Superannuation Act
|
| 202. Radiation Emitting Devices Act
|
| 203. Textile Labelling Act
|
| 204. Yukon Waters Act
|
REPEALS |
| 205. Atlantic Fisheries Restructuring Act
|
| 206. Coastal Fisheries Protection Act
|
| 207. Fisheries Act
|
| 208. Great Lakes Fisheries Convention Act
|
| 209. Fisheries Development Act
|
| 210. Pacific Fur Seals Convention Act
|
CONDITIONAL AMENDMENTS |
| 211. Bill C-84
|
| 212. Bill C-98
|
COMING INTO FORCE |
| 213. Coming into force
|