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Bill C-64

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47. (1) An inspector with a warrant issued under this section may enter and search any place, including any conveyance, in which the inspector believes on reasonable grounds there is any fish or other thing by means of or in relation to which this Act or the regulations have been contravened or that will afford evidence of such a contravention.

Authority to issue warrant

(2) Where on ex parte application a provin cial court judge or a justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in any place any fish or other thing referred to in subsection (1), the judge or justice may issue a warrant authorizing the inspector or peace officer named in the warrant to enter and search the place for the fish or other thing, subject to any conditions in the warrant.

Where warrant not necessary

(3) An inspector may exercise the power of search referred to in subsection (1) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circum stances it would not be practical to obtain it.

Powers during search

(4) In carrying out a search of a place under this section or under a warrant issued under subsection 46(2), an inspector may exercise any power mentioned in section 38 or 40 or subsection 43(2).

DISPOSITION OF THINGS SEIZED

Storage and removal

48. (1) An inspector or any person desig nated by an inspector may store any fish or other thing seized under this Act in the place where it was seized or may remove it or direct that it be removed to another place for storage.

Costs of storage and removal

(2) The owner or the person who was in possession of the fish or other thing at the time of its seizure must pay the costs of its storage or removal.

Perishable things

(3) An inspector who seizes any fish or other perishable thing under this Act may dispose of or destroy it, and the net proceeds from its disposition must be paid to the Receiver General.

Re-delivery on deposit of security

49. A court in which proceedings are or may be brought for a contravention of this Act may order the return of a thing seized under this Act or of the net proceeds from its disposition to the person from whom it was seized, if the person provides the Minister with security satisfactory to the court.

Seizure and detention

50. (1) Subject to subsection (2), any fish or other thing seized under this Act or the net proceeds from its disposition may not be detained after

    (a) an inspector determines that the fish or other thing meets the requirements of this Act and the regulations; or

    (b) the expiration of one hundred and eighty days after the day of seizure.

Exception

(2) Where proceedings are instituted in relation to the fish or other thing seized, it or the net proceeds from its disposition may be detained until the proceedings are concluded.

Application for return

(3) Where proceedings are instituted in relation to a thing seized, other than fish, the owner of the thing or the person in possession of it at the time of its seizure may apply to the court before which the proceedings are being held for an order that the thing be returned.

Order

(4) Where the court is satisfied that suffi cient evidence exists or may reasonably be obtained without further detaining the thing seized, the court may order it to be returned, subject to any conditions necessary to ensure its preservation for any purpose for which it may subsequently be required.

FORFEITURE

Forfeiture of fish or containers

51. (1) Where a person is convicted of an offence against this Act or a regulation made under it, any seized fish or container by means of or in relation to which the offence was committed or the net proceeds from its disposition is forfeited to Her Majesty in right of Canada, and may be disposed of by the Minister.

Forfeiture of other things

(2) A court that convicts a person of an offence under this Act may, on its own motion or at the request of the Attorney General, order the forfeiture to Her Majesty of any other thing seized by means of or in relation to which the offence was committed or of the net proceeds realized from its disposition.

Forfeiture without conviction

(3) Where the owner of any fish, container or other thing seized under this Act or the person in possession of it at the time of its seizure consents to its forfeiture, it is forfeited to Her Majesty and may be disposed of by the Minister.

Forfeiture of unclaimed fish

52. (1) Any fish or container that an inspector restricts or seizes is forfeited to Her Majesty in right of Canada if the owner or person entitled to possession of it does not claim it within sixty days after the date of its restriction or seizure.

Forfeiture certificate

(2) An inspector who takes any fish or container as forfeit under subsection (1) must provide the person who was in possession of it with a forfeiture certificate.

Disposal of forfeited things

53. (1) Where the court orders the forfeiture of a thing under subsection 51(2), the Minister may return it or dispose of it at the expense of the person from whom it was seized.

Return of thing seized where no forfeiture ordered

(2) Where the court does not order the forfeiture of the thing that was seized, the thing or the net proceeds from its disposition or any security given for it must be given to the person from whom it was seized.

Exception

(3) Where the person from whom a thing was seized is convicted of an offence under this Act, the thing, the net proceeds from its disposition or any security given for it may be retained until the fine is paid, or the thing may be sold in satisfaction of the fine or the net proceeds or the security or any part of it may be applied in payment of the fine.

NOTICE FOR REMOVAL OR DISPOSAL

Notice for removal of import

54. (1) Where an inspector believes on reasonable grounds that any fish or container has been imported in contravention of this Act or the regulations, the inspector may, whether or not the fish or container is seized or restricted, send a notice to the importer, requiring the importer to remove it from Canada within the period specified in the notice.

Notice for disposal

(2) Where an inspector believes on reason able grounds that any fish or container that has been seized or restricted does not meet the requirements of this Act or the regulations, the inspector may send a notice to the owner, requiring the owner to dispose of it in the manner and within the period specified in the notice.

Forfeiture and disposal

55. (1) Where the importer or owner does not comply with a removal or disposal notice issued under section 54 within the period specified in the notice or within ninety days after the notice is sent where no period is specified, the fish or container is forfeited to Her Majesty in right of Canada and may be disposed of by the Minister.

Forfeiture certificate

(2) An inspector who takes any fish or container as forfeit under subsection (1) must provide the person who was in possession of it with a forfeiture certificate.

Liability for costs

56. (1) The owner and any person entitled to possession of any thing restricted, seized or forfeited under this Act are jointly and sever ally liable for all the costs of seizure, restric tion, forfeiture or disposal incurred by Her Majesty in right of Canada in excess of the net proceeds of disposition.

Debt due to Her Majesty

(2) The costs referred to in subsection (1) are debts due to Her Majesty and may be recovered in a court of competent jurisdiction at any time within five years from the time that the costs were incurred.

REGULATIONS

Regulations

57. The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and prescribing any thing that is to be prescribed under this Act and, without limiting the generality of the foregoing, may make regulations

    (a) prescribing inspection marks and grade names and the form and manner in which, terms and conditions on which, persons by whom and things in connection with which the mark or grade name may be applied or used;

    (b) establishing grades or standards for fish and containers and defining the expressions ``tainted'', ``decomposed'' and ``unwhole some'';

    (c) prescribing the information required from applicants for licences, including information about the size and construction of any establishment and its equipment and fish processing, refrigeration and storage capacities;

    (d) governing the issuance, renewal, can cellation and suspension of licences;

    (e) governing the design, construction, hygiene, sanitation and maintenance of licensed establishments and of the equip ment and facilities in them;

    (f) governing the operation of licensed establishments including the procedures to be followed, processing methods to be used and the standards to be maintained for the preparation of fish;

    (g) establishing the requirements for quality management programs to be implemented by persons who hold licences issued under this Act;

    (h) providing for systems to ascertain the places of origin or destination of fish;

    (i) respecting the marketing of any im ported fish and the preparing of fish for export;

    (j) respecting the handling, processing and storage and disposal of fish by-products for pharmaceutical use or for any use other than for human consumption;

    (k) prescribing the information to be main tained by persons who hold licences under this Act or who catch or convey fish to or from a licensed establishment or persons who hold an export licence, including

      (i) the quantity, size, weight, species, product form, value or other particulars of any fish marketed,

      (ii) the time and place at which and person or vessel from which any fish was purchased, and

      (iii) information about the buildings, equipment, products and methods used and the number of persons employed;

    (l) providing for the inspection or audit of establishments and conveyances and the inspection, analysis, certification, testing and sampling of fish, including the accredi tation of persons or government agencies to inspect or analyse fish;

    (m) establishing criteria and procedures for reinspections of establishments, convey ances or fish;

    (n) providing for measures to be taken respecting fish or containers that are a danger to health;

    (o) establishing requirements governing the restriction and seizure of fish, containers and other things, providing for the safe- keeping and disposal of things seized or forfeited and regulating the inspection of places and the stopping of conveyances; and

    (p) providing for the collection of market information and statistics, the publication of studies dealing with the marketing of fish and the conduct of surveys on any matter related to this Act or the regulations.

OFFENCES AND PUNISHMENT

Offences

58. Every person who contravenes section 4, 5, 7 or 8, an order made under subsection 17(1), subsection 41(2) or section 44 is guilty of an offence and liable

    (a) on summary conviction

      (i) to a fine not exceeding $20,000 or to imprisonment for a term not exceeding six months or to both, or

      (ii) for a subsequent offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding two years or to both; or

    (b) on conviction by indictment

      (i) in the case of a corporation, to a fine not exceeding $250,000, and

      (ii) in the case of an individual, to a fine not exceeding $100,000 or to imprison ment for a term not exceeding five years or to both.

Summary conviction offence

59. Every person who contravenes any provision of this Act or the regulations, other than a provision referred to in section 58, is guilty of a summary conviction offence and liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding six months or to both.

Continuing offences

60. Where any contravention of this Act or the regulations is committed or continued on more than one day, each day that the con travention is committed or continued consti tutes a separate offence.

Offences by corporate officers, etc.

61. Where a corporation commits an of fence under this Act, any officer, director or agent of the corporation who directed, autho rized, assented to, acquiesced in or partici pated 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 or agents

62. In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an em ployee 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.

Due diligence defence

63. No person may be convicted of an offence under this Act if the person establishes that he or she

    (a) exercised due diligence to prevent the commission of the offence; or

    (b) reasonably and honestly believed in the existence of facts that, if true, would render the person's conduct innocent.

Limitation period

64. (1) A prosecution for a summary conviction offence under this Act may be instituted at any time within two years after the time the subject-matter of the prosecution became known to the Minister.

Minister's certificate

(2) A document appearing to have been issued by the Minister, certifying the day on which the subject-matter of any prosecution became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof of the matters asserted in it.

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