Bill C-32

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81. (1) A justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing, subject to any conditions that the warrant specifies, a fishery officer or inspector, and any other person named in the warrant, to enter and search any place, including a vehicle, and to seize anything referred to in paragraphs (a) to (c) if on ex parte application the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in the place anything that

(a) was used in the commission of an offence or violation under this Act or is something in relation to which such an offence or violation has been committed,

(b) will provide evidence with respect to the commission of an offence or violation under this Act; or

(c) was obtained by the commission of an offence or violation under this Act.

(2) The fishery officer or inspector and any other person named in the warrant may

(a) at any reasonable time enter and search a place referred to in the warrant;

(b) seize and detain anything referred to in the warrant and any other thing that

(i) was used in the commission of an offence or violation under this Act or is something in relation to which such an offence or violation has been committed,

(ii) will provide evidence with respect to the commission of an offence or violation under this Act, or

(iii) was obtained by the commission of an offence or violation under this Act; and

(c) exercise the powers described in section 78.

(3) In executing the warrant, an inspector and any other person named in it may not use force unless they are accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

82. (1) A fishery officer or inspector may exercise the powers referred to in subsection 81(2) without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain one.

(2) Exigent circumstances include circumstances in which the delay necessary to obtain a warrant would result in danger to human life or the loss or destruction of evidence.

83. A fishery officer, fishery guardian or inspector exercising powers or performing functions under this Act, and any person accompanying the officer, guardian or inspector, may enter on and pass through or over private property without being liable for doing so or without the owner of the property having the right to object to that use of the property.

Seizure

84. A fishery officer or fishery guardian may seize

(a) any fish, aquatic plant or other thing, including a vehicle, that the officer or guardian believes on reasonable grounds

(i) was used in the commission of an offence or violation under this Act or is something in relation to which such an offence or violation has been committed,

(ii) will provide evidence with respect to the commission of an offence or violation under this Act, or

(iii) was obtained by the commission of an offence or violation under this Act; or

(b) any fish or aquatic plant that the officer or guardian believes on reasonable grounds has been intermixed with fish or aquatic plants, respectively, referred to in paragraph (a).

85. Despite sections 86 to 107, a fishery officer or fishery guardian who seizes any fish may return to the water any of those fish that the officer or guardian believes are alive.

86. (1) A fishery officer, fishery guardian or inspector who seizes anything under this Act may detain it or deliver it into the custody of any person the officer, guardian or inspector considers appropriate.

(2) The person who is given custody of a thing must, on the request of a fishery officer, fishery guardian or inspector made at any reasonable time, make it available for inspection by, or deliver it into the custody of, the officer, guardian or inspector.

87. (1) Despite anything in this Act, a fishery officer, fishery guardian or inspector who has custody of anything seized that is perishable or susceptible to deterioration may dispose of it in any manner the officer, guardian or inspector considers appropriate, subject to the regulations, and any proceeds of its disposition must be paid to the Receiver General.

(2) If anything has been disposed of under subsection (1), a reference to the thing in sections 89 to 107 includes the proceeds of disposition of that thing, with any modifications that the circumstances require.

88. (1) Subject to section 85, the court, in the case of proceedings for an offence under this Act, or the Tribunal, in the case of proceedings in relation to a violation, may order that anything that is seized and that has not been forfeited be released to the holder or, if there is no holder, to the owner or the person from whom it was seized, if security is given to Her Majesty in right of Canada in a form and amount that is satisfactory to the court or the Tribunal, as the case may be.

(2) If security has been given under subsection (1), a reference in sections 89 to 107 to anything includes the security given for that thing, a reference in sections 91 to 93 to the forfeiture of the thing includes a reference to realization of the security, and a reference in subsections 89(1) and 98(1) to the holder is to be read as a reference to the person who gave the security for the thing, with any modifications that the circumstances require.

Detention of Seized Things

89. (1) Subject to section 85 and to subsections (2) and (3), anything seized must, within 90 days after the day on which it was seized, be released to the holder or, if there is no holder, to the owner or the person from whom it was seized.

(2) Anything seized may be detained until it is forfeited or until after the proceeding is finally concluded if, before the end of the period referred to in subsection (1), a proceeding is commenced in relation to the thing for an offence or violation under this Act.

(3) If, on application within the period referred to in subsection (1) by the Minister, in the case of a proceeding with respect to an offence, or by a case presentation officer, in the case of a proceeding with respect to a violation, the court or Tribunal, as the case may be, is satisfied that detention of the thing for a longer period is justified in the circumstances, the court or Tribunal may make an order permitting the thing to be detained for any further period that it specifies.

90. (1) Subject to any other Act of Parliament, the Minister may manage anything that has been seized in any manner that the Minister considers appropriate, including by advancing money at a commercial rate of interest to

(a) maintain its ongoing operation;

(b) satisfy the terms of any order concerning environmental, industrial, labour or property standards to which it is subject; or

(c) make improvements to it to preserve it and its economic worth.

(2) If the thing that has been seized is a vehicle, then a lien or a prior claim constituting a real right attaches to the vehicle for the amount spent on its management, and the lien or prior claim has priority over all other rights, interests, claims and demands whatever, except in the case of a fishing vessel for masters’ and crew members’ claims that arise under the Canada Shipping Act, 2001 in respect of their employment on the vessel.

Forfeiture and Disposition

91. (1) If a person is convicted of an offence under this Act, the court must, in addition to any other punishment imposed, order the forfeiture to Her Majesty in right of Canada of any fish that was seized in relation to the offence and that was caught, killed, processed, landed, transported, imported, purchased, sold or possessed in contravention of this Act or the regulations.

(2) If a person is convicted of an offence under this Act, the court may, in addition to any other punishment imposed, order the forfeiture to Her Majesty in right of Canada of anything that was seized, or the proceeds of disposition or any part of the proceeds of disposition of the thing, if

(a) the thing was used in the commission of the offence or the offence was committed in relation to it; or

(b) the thing was obtained by the commission of the offence.

(3) Even if a person is not convicted of an offence under this Act, the court may nevertheless order the forfeiture to Her Majesty in right of Canada of any fish that was seized in relation to the alleged offence and that was caught, killed, processed, landed, transported, imported, purchased, sold or possessed in contravention of this Act or the regulations.

92. (1) If the Tribunal declares that a person is liable for a violation, it must order the forfeiture to Her Majesty in right of Canada of any fish that was seized in relation to the violation and that was caught, killed, processed, landed, transported, imported, purchased, sold or possessed in contravention of this Act or the regulations.

(2) If the Tribunal declares that a person is liable for a major violation, it may order the forfeiture to Her Majesty in right of Canada of anything that was seized, or the proceeds of disposition or any part of the proceeds of disposition of the thing, if

(a) the thing was used in the commission of the violation or the violation was committed in relation to it; or

(b) the thing was obtained by the commission of the violation.

(3) Even if the Tribunal declares that a person is not liable for a violation, it may nevertheless order the forfeiture to Her Majesty in right of Canada of any fish that was seized in relation to the alleged violation and that was caught, killed, processed, landed, transported, imported, purchased, sold or possessed in contravention of this Act or the regulations.

93. (1) If a proceeding for an offence or violation under this Act has been commenced against a person and the person has absconded, the Minister or a case presentation officer may apply to the court or Tribunal, as the case may be, for an order that anything that has been seized under this Act in relation to the offence or violation is forfeited to Her Majesty in right of Canada, and the court or Tribunal must grant the order if it is satisfied that the person has absconded.

(2) For the purposes of this section, a person has absconded if, despite reasonable efforts, the Minister or the case presentation officer has found it impossible to contact the person.

94. If a thing that is forfeited in relation to an offence or violation under this Act is a fishing vessel, the Minister or a case presentation officer, as the case may be, must, within 30 days after the day on which it was forfeited, give notice of the forfeiture to the owner of the fishing vessel and to any person who the Minister or the case presentation officer knows holds, at the time the notice is given, a maritime lien or any similar interest against the fishing vessel.

95. If the ownership of anything seized under this Act cannot be ascertained at the time of the seizure, the thing is forfeited to Her Majesty in right of Canada.

96. (1) If the person from whom any fish was seized under this Act consents to its forfeiture, the fish is forfeited to Her Majesty in right of Canada.

(2) Any fish that is forfeited under subsection (1) may be disposed of at any time after its forfeiture, in any manner that the Minister directs.

97. (1) Subject to sections 96 and 99 to 107, anything forfeited under this Act must be disposed of, in any manner that the Minister directs, after the proceedings in relation to the forfeiture are finally concluded.

(2) Despite subsection (1), any fishing gear or equipment whose ownership cannot be ascertained at the time of its seizure may be disposed of in any manner that the Minister directs.

98. (1) Subject to subsection (2), anything that is seized under this Act and that is not forfeited must, after the proceeding is finally concluded, be released to the holder, or if there is no holder, to the owner or the person from whom it was seized.

(2) Anything that is seized in relation to an offence or violation

(a) may be detained until any fine, monetary penalty or amount that constitutes a debt due to Her Majesty in right of Canada under subsection 129(1) or 200(1) in relation to the offence or violation is paid; or

(b) may be sold or otherwise disposed of in satisfaction of the fine, monetary penalty or debt referred to in paragraph (a), and any proceeds of its disposition may be applied in payment of the fine, penalty or debt.

Relief from Forfeiture

99. (1) If anything is forfeited under this Act other than fish, an aquatic plant or fishing gear or equipment that has been disposed of under subsection 97(2), then any person who claims an interest or right in the thing may, within 60 days after the day on which the thing was forfeited, apply for an order referred to in section 102 to the superior court of the province in which the seizure took place or to a court that has jurisdiction with respect to the seizure under section 22 of the Oceans Act.

(2) On the application of any person entitled to apply for an order under subsection (1), the court may extend the period within which the person may apply for the order by any amount of time that the court considers appropriate.

(3) The court must fix a day for the hearing of the application under subsection (1) that is at least 30 days after the day on which the application was filed.

(4) The applicant must serve a notice of the application and of the hearing on the Attorney General of Canada at least 15 days before the day that is fixed for the hearing.

100. The Minister may, at any time after an application has been made under subsection 99(1), order the thing forfeited to be released to the applicant if security is given to Her Majesty in right of Canada in a form and amount that is satisfactory to the Minister.

101. (1) Even if an application has been made under subsection 99(1) in respect of a forfeited thing, the Minister may request the authorization of the court to dispose of the thing and, with that authorization, may order that the thing be disposed of.

(2) The Minister must give notice of the request and of the hearing of it at least 30 days before the day that is fixed for the hearing to every person who the Minister knows has an interest or right in the thing and, if the thing is a fishing vessel, to every person referred to in section 94.

(3) The court may grant the authorization if, in its opinion, the thing is deteriorating.

(4) The Minister must hold the proceeds of disposition of the thing until any application under subsection 99(1) in respect of the thing has been finally disposed of.

102. On receipt of an application under subsection 99(1), the court must make an order declaring that the applicant’s interest or right is not affected by the forfeiture and declaring the nature and value of that interest or right if the court is satisfied that

(a) there was no complicity or collusion on the part of the applicant in relation to the offence or violation that resulted in the forfeiture; and

(b) the applicant

(i) exercised all reasonable care in respect of the person permitted to obtain possession of the thing that is the subject of the application in order to be satisfied that the thing was not likely to be used in contravention of this Act or the regulations, or

(ii) in the case where the applicant is a mortgagee or hypothecary creditor, a lienholder or any other secured creditor, exercised all reasonable care in respect of the debtor.

103. If there is more than one person who claims an interest or right in a thing, a court hearing an application made under subsection 99(1) with respect to the thing may, on application by the Attorney General of Canada or any of those persons, determine the ranking of those persons’ interests or rights.

104. The applicant or the Attorney General of Canada may appeal from an order made under section 102 to the court of appeal of the province in which the order was made, and the ordinary procedure governing appeals to that court from orders or judgments of a judge applies to the appeal.

105. (1) Subject to subsections (2) and (3), the Minister must, on application made by any person who has obtained an order under section 102 that is a final order,

(a) direct that the thing to which the interest or right of the applicant relates be returned to the applicant; or

(b) direct that the applicant be paid an amount equal to the value of the applicant’s interest or right, as declared in the order.

(2) A thing directed to be returned under paragraph (1)(a) or an amount directed to be paid under paragraph (1)(b) may be detained until any fine, monetary penalty or amount that constitutes a debt due to Her Majesty in right of Canada under subsection 129(1) or 200(1) in relation to the offence or violation is paid.

(3) If the thing directed to be returned under paragraph (1)(a) is a vehicle, then a lien or a prior claim constituting a real right attaches to the vehicle for the fine, monetary penalty or amount referred to in subsection (2), and the lien or prior claim has priority over all other rights, interests, claims and demands whatever, except in the case of a fishing vessel for masters’ and crew members’ claims that arise under the Canada Shipping Act, 2001 in respect of their employment on the vessel.

106. A court may, on ex parte application of the Minister, make an order directing the registrar to register a discharge of any interest or right recorded against a thing disposed of under this Act the title to which is required to be registered, if the court is satisfied that the person in whose favour the interest or right was registered was given notice in accordance with subsection 101(2).

107. Her Majesty in right of Canada is not liable for any difference between the proceeds of disposition of anything disposed of under this Act and the thing’s fair market value.

Other Enforcement Measures

108. Any fishery officer, fishery guardian or peace officer may arrest without warrant a person who the officer or guardian finds committing an offence under this Act, or who the officer or guardian believes, on reasonable grounds, has committed or is about to commit an offence under this Act.

Prohibitions, Offences and Punishment

Obstruction and False Information

109. No person shall interfere with, resist or obstruct any person engaged in the administration or enforcement of this Act or the regulations, or any person accompanying such a person.

110. (1) No person shall make a false or misleading statement, whether orally or in writing, to any person engaged in the administration or enforcement of this Act or the regulations, or to any person accompanying such a person.

(2) No person shall make a false or misleading statement, whether orally or in writing, in an application for a licence, a lease or any other authorization under this Act.

(3) No person shall make a false or misleading statement in any record, book or other document, including a document in electronic form, that is required to be made available for examination or copying by any person engaged in the administration or enforcement of this Act or the regulations, or by any person accompanying such a person.

(4) No person shall produce to any person engaged in the administration or enforcement of this Act or the regulations, or to any person accompanying such a person, for examination or copying, any record, book or other document, including a document in electronic form, knowing that it contains false or misleading information.

(5) No person shall make a false or misleading statement in a statement referred to in section 188, 189 or 192 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.

Exemption

111. No person commits an offence under this Act by reason of exercising powers or performing functions related to the administration or enforcement of this Act or the regulations, or by reason of accompanying a person exercising such powers or performing such functions.

General Provisions

112. (1) Subject to this Act, every person who contravenes this Act or the regulations

(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.

(2) Every person who contravenes subsection 33(5), section 39 or 40 or an alternative measures agreement referred to in section 131

(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.

113. No person may be convicted of an offence under both subsection 52(1) and paragraph 57(4)(a) in respect of the same activity.

114. (1) An act or omission that is an offence or violation under this Act — or that is committed by or against a person who is engaged in the administration or enforcement of this Act or the regulations, or a person accompanying them, and that would be an offence under the Criminal Code if it were committed in Canada — is deemed to be committed in Canada if it is committed anywhere outside Canada where this Act applies.

(2) Every power — including arrest, entry, search and seizure — that may be exercised in Canada in respect of an offence or violation under this Act or an offence under the Criminal Code may, in respect of an offence or violation referred to in subsection (1), be exercised anywhere this Act applies.

(3) A justice, as defined in section 2 of the Criminal Code, or a judge in any territorial division in Canada has jurisdiction to authorize an arrest, entry, search or seizure in connection with an offence or violation referred to in subsection (1) as if it had been committed in that territorial division.

(4) A proceeding in respect of an offence or violation referred to in subsection (1) may be commenced in any territorial division in Canada whether or not the accused is in Canada, and the accused may be tried and punished for that offence or violation as if it had been committed in that territorial division.

115. If a person is convicted of an offence under this Act in respect of any matter relating to fishing under the authority of a licence, then in addition to any other punishment imposed the court may, by order,

(a) revoke the licence or suspend it for any period that the court considers appropriate; and

(b) prohibit the person from applying for any licence during any period that the court considers appropriate.

116. (1) If a person is convicted of an offence under this Act, then in addition to any other punishment imposed the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order doing one or more of the following:

(a) directing the person to pay the reasonable costs incurred in the seizure, detention, maintenance or disposition of any fish, aquatic plant or other thing seized in relation to the offence;

(b) prohibiting the person from doing any act or engaging in any activity that might, in the court’s opinion, result in the continuation or repetition of the offence;

(c) directing the person to take any action that the court considers appropriate to prevent or remedy any harm to any fish or fishery or to fish habitat that resulted or might result from the commission of the offence;

(d) directing the person to publish, in any manner that the court considers appropriate, the facts relating to the commission of the offence;

(e) directing the person to pay Her Majesty in right of Canada or a province an amount of money as compensation, in whole or in part, for the cost of any preventive or remedial action taken by or caused to be taken on behalf of the Minister or the competent minister of that province as a result of the commission of the offence;

(f) directing the person to perform community service in accordance with any reasonable conditions that are specified in the order;

(g) directing the person to pay Her Majesty in right of Canada, any person or any entity an amount of money that the court considers appropriate for the purpose of promoting the proper management or control of fisheries or the conservation or protection of fish or fish habitat;

(h) directing the person to pay Her Majesty in right of a province an amount of money that the court considers appropriate for the purpose of promoting the proper management or control of fisheries or the conservation or protection of fish or fish habitat;

(i) directing the person to post a bond or pay into court an amount of money that the court considers appropriate for ensuring compliance with any prohibition or direction referred to in this subsection;

(j) directing the person to submit to the Minister, within three years after the day on which the order is made, any information requested by the Minister respecting the person’s activities that relates to a matter specified in the order; and

(k) directing the person to comply with any other conditions that the court considers appropriate for securing the person’s good conduct and for preventing them from repeating the offence or committing other offences under this Act.

(2) If a person does not comply with an order made under paragraph (1)(d) directing them 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.

117. If a person is convicted of an offence under this Act and the court is satisfied that, as a result of committing the offence, financial benefits accrued to the person, the court may, despite the maximum amount of any fine that may otherwise be imposed under this Act, make an order directing the person to pay an additional fine in an amount equal to the amount of those benefits as determined by the court.

118. (1) If a person is convicted of an offence under this Act and the court suspends the passing of sentence under 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 to comply with any prohibition or direction referred to in subsection 116(1).

(2) If a person whose sentence has been suspended does not comply with an order made under subsection (1) or is convicted of another offence under this Act within three years after the day on which the order is made, the court may, on the application of the Attorney General of Canada, impose any sentence that could have been imposed if the passing of sentence had not been suspended.

119. (1) A court that has made an order under subsection 116(1) or 118(1) may, on application by the Attorney General of Canada or the person to whom the order applies, require the person to appear before it and, after hearing the person and the Attorney General of Canada, vary the order in one or more of the following ways that the court considers appropriate owing to a change in the person’s circumstances since the order was made:

(a) by changing any prohibition or direction set out in the order;

(b) by relieving the person, either absolutely or partially and for any period that the court considers appropriate, of compliance with any prohibition or direction set out in the order; and

(c) by increasing or decreasing the period during which the order is to remain in force.

(2) If 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.

120. Every person convicted of an offence under this Act who subsequently contravenes an order made under subsection 116(1) or 118(1)

(a) is guilty of an offence punishable on summary conviction and liable to a punishment not exceeding the maximum punishment to which a person 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 is liable on conviction on indictment for the original offence.

121. If an offence under this Act is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

122. If a corporation commits an offence under this Act, any officer, director or agent or mandatary 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 it, whether or not the corporation has been prosecuted.

123. 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 an agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the accused’s knowledge or consent and that the accused exercised all due diligence to prevent its commission.

124. A holder may be found guilty not only of an offence that the holder actually commits but also of an offence that is committed by a person who is authorized to fish under the authority of the holder’s licence, whether or not the person who actually committed the offence is identified or is prosecuted in accordance with this Act.

125. A person may not be convicted of an offence under this Act if the person establishes that they

(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 their conduct innocent.

126. In any prosecution for an offence under this Act, if a question arises as to whether a person was issued a licence, the burden is on the person to establish that the licence was issued.

127. A proceeding by way of summary conviction in respect of an offence under this Act may not be commenced later than five years after the day on which the offence was committed.

128. (1) For the purpose of Part XXI of the Criminal Code, any order, or decision not to make an order, under section 91 or any of sections 115 to 118, as well as any sentence passed by the court under this Act, is a sentence within the meaning of section 673 of the Criminal Code.

(2) For the purpose of Part XXVII of the Criminal Code, any order, or decision not to make an order, under section 91 or any of sections 115 to 118, as well as any sentence passed by the court under this Act, is a sentence within the meaning of section 785 of the Criminal Code.

Execution

129. (1) The following amounts constitute debts due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction:

(a) an amount that a person is directed to pay under an order made under subsection 116(1), from the time of the order;

(b) reasonable costs incurred in the seizure, detention, maintenance or disposition of any fish, aquatic plant or other thing seized under this Act, including money advanced under section 90, from the time that the costs were incurred; and

(c) costs incurred by the Minister under subsection 116(2) in publishing the facts relating to the commission of an offence, from the time that the Minister incurs those costs.

(2) An unpaid debt under this section is extinguished five years after the day on which it becomes due.

Alternative Measures Agreements

130. The definitions in this section apply in sections 131 to 143.

“alternative measures” means measures in respect of the protection of fisheries or fish habitat or the prevention of pollution, other than judicial proceedings, that are used to deal with a person who is alleged to have committed an offence under this Act.

“Attorney General” means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which the proceedings are taken, and includes the lawful deputy of any of them.

131. (1) Alternative measures may be used only if doing so is not inconsistent with the purposes of this Act and the following conditions are met:

(a) the measures are part of a program of alternative measures authorized by the Attorney General after consulting with the Minister;

(b) the alleged offence is an offence under this Act, except an offence under section 109 or 110;

(c) an information has been laid in respect of the offence;

(d) the Attorney General, after consulting with the Minister, is satisfied that the measures would be appropriate, having regard to the nature of the offence, the circumstances surrounding its commission and the following factors:

(i) the importance of the protection of fisheries or fish habitat or the prevention of pollution,

(ii) the alleged offender’s history of compliance with this Act,

(iii) the question of whether the offence is a repeated occurrence,

(iv) any allegation that information is being or was concealed or other attempts to subvert the purposes and requirements of this Act are being or have been made, and

(v) the question of whether any remedial or preventive action has been taken by or on behalf of the alleged offender in relation to the offence;

(e) the alleged offender has been advised of the right to be represented by counsel;

(f) the alleged offender accepts responsibility for the act or omission that forms the basis of the offence;

(g) the alleged offender applies, in accord- ance with regulations made under section 143, to participate in the measures;

(h) the alleged offender and the Attorney General have entered into an alternative measures agreement within 180 days after the day on which the Attorney General provided the alleged offender with initial disclosure of the Crown’s evidence;

(i) the Attorney General considers that there is sufficient evidence to proceed with the prosecution of the offence; and

(j) the prosecution of the offence is not barred at law.

(2) Alternative measures may not be used if the alleged offender

(a) denies participation or involvement in the commission of the alleged offence; or

(b) expresses the wish to have any charge against them dealt with by the court.

(3) No admission, confession or statement accepting responsibility for a given act or omission made by an alleged offender as a condition of being dealt with by alternative measures is admissible in evidence against them in any civil or criminal proceedings.

(4) If alternative measures have been used, the court must dismiss the charge laid against the alleged offender in respect of that offence if the court is satisfied on a balance of probabilities that the alleged offender has complied with the alternative measures agreement.

(5) The use of alternative measures is not a bar to any proceedings against the alleged offender under this Act.

(6) This section does not prevent any person from laying an information, obtaining the issue or confirmation of any process, or proceeding with the prosecution of any offence, in accord- ance with the law.

132. If an information in respect of an offence of contravening an alternative measures agreement has been laid and proceedings in respect of the alleged offence for which the agreement was entered into have been recommenced, the court imposing a sentence for either offence must take into account any sentence that has previously been imposed for the other offence.

133. (1) An alternative measures agreement may contain any terms and conditions, including

(a) terms and conditions having any or all of the effects set out in subsection 116(1) or having any of the prescribed effects that the Attorney General, after consulting with the Minister, considers appropriate; and

(b) terms and conditions relating to the costs of laboratory and field tests, travel and living expenses, costs of scientific analyses and other reasonable costs associated with supervising and verifying compliance with the agreement.

(2) Any governmental or non-governmental body may supervise compliance with an alternative measures agreement.

134. An alternative measures agreement comes into force on the day on which it is signed or on any later day that the agreement specifies and continues in force for the period, not exceeding five years, that the agreement specifies.

135. (1) Subject to subsection (5), the Attorney General must consult with the Minister before entering into an alternative measures agreement and must cause the agreement to be filed, as part of the court record of the proceedings to which the public has access, with the court in which the information was laid within 30 days after the day on which the agreement was entered into.

(2) A report relating to the administration of or compliance with an alternative measures agreement must, immediately after all the terms and conditions of the agreement have been complied with or the charges in respect of which the agreement was entered into have been dismissed, be filed with the court in which the agreement was filed in accordance with subsection (1).

(3) Subject to subsection (4), the following information that is to be part of an alternative measures agreement or a report referred to in subsection (2) must be set out in a schedule to the agreement or to the report:

(a) trade secrets of any person;

(b) financial, commercial, scientific or technical information that is confidential information and that is treated consistently in a confidential manner by any person;

(c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to any person, or could reasonably be expected to prejudice any person’s competitive position; or

(d) information the disclosure of which could reasonably be expected to interfere with any person’s contractual or other negotiations.

(4) The parties to an alternative measures agreement must agree on which information is information referred to in paragraphs (3)(a) to (d).

(5) The schedule is confidential and must not be filed with the court.

(6) The Minister must not disclose any information set out in a schedule except under section 141 or under the Access to Information Act.

136. Despite section 579 of the Criminal Code,

(a) the Attorney General must, on filing the alternative measures agreement, stay the proceedings or apply to the court for an adjournment of the proceedings in respect of the offence alleged to have been committed for a period of not more than one year after the day on which the agreement expires; and

(b) proceedings stayed in accordance with paragraph (a) may be recommenced, without laying a new information or preferring a new indictment, as the case may be, by the Attorney General giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered, but if no such notice is given within one year after the day on which the agreement expires, the proceedings are deemed never to have been commenced.

137. (1) The Attorney General may, on application by the alleged offender and after consulting with the Minister, vary an alternative measures agreement in one or both of the following ways, if the Attorney General considers doing so appropriate owing to a material change in the circumstances since the agreement was entered into or last varied:

(a) by making any changes to the agreement or to its terms and conditions; and

(b) by decreasing the period during which the agreement is to remain in force or relieving the alleged offender, either absolutely or partially or for any period that the Attorney General considers desirable, of compliance with any term or condition that the agreement specifies.

(2) Subject to subsection 135(5), an agreement that has been varied under subsection (1) must be filed with the court in which the original agreement was filed under subsection 135(1).

138. Sections 139 to 141 apply only to alleged offenders who have entered into an alternative measures agreement, regardless of the degree of their compliance with its terms and conditions.

139. (1) A record that relates to an offence under this Act that is alleged to have been committed, including the original or a copy of any fingerprints or photographs of the alleged offender, may be kept by any police force or body responsible for, or participating in, the investigation of the offence.

(2) A fishery officer, fishery guardian or inspector may disclose to any person any information in a record kept under this section that it is necessary to disclose in the conduct of the investigation of an offence under this Act.

(3) A fishery officer, fishery guardian or inspector may disclose to an insurance company any information in a record kept under this section that it is necessary to disclose for the purpose of the insurance company’s investigation of a claim arising out of an offence under this Act that is committed or alleged to have been committed by the alleged offender to whom the record relates.

140. (1) The Minister, fishery officers, fishery guardians and inspectors and any department or agency of a government in Canada with which the Minister has entered into an agreement under section 142 may keep records and use information obtained as a result of the use of alternative measures

(a) for the purposes of an inspection under this Act or an investigation of any offence under this Act;

(b) in any proceedings under this Act;

(c) for the purpose of the administration of alternative measures programs; or

(d) otherwise for the purposes of the administration or enforcement of this Act.

(2) Any person who is engaged in supervising compliance with an alternative measures agreement may keep records relating to the supervision and use information that they obtain as a result of the supervision.

141. (1) Any record or information referred to in section 139 or 140 may be

(a) made available to any judge or court for any purpose that relates to proceedings relating to offences under this Act that are committed or alleged to have been committed by the alleged offender to whom the record or information relates;

(b) made available to any prosecutor, fishery officer, fishery guardian or inspector

(i) for the purpose of investigating an offence under this Act that the alleged offender is suspected on reasonable grounds of having committed, or in respect of which the alleged offender has been arrested or charged, or

(ii) for any purpose that relates to the administration of the case to which the record relates;

(c) made available to any employee of a department or agency of a government in Canada, or any agent of such a department or agency, that is

(i) engaged in the administration of alternative measures in respect of the alleged offender, or

(ii) preparing a report in respect of the alleged offender under this Act; or

(d) made available to any other person who is considered, or is within a class of persons that is considered, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if that person gives a written undertaking not to subsequently disclose the information except in accordance with subsection (2) and if the judge is satisfied that the disclosure is

(i) desirable in the public interest for research or statistical purposes, or

(ii) desirable in the interest of the proper administration of justice.

(2) If a record is made available to a person under subparagraph (1)(d)(i), the person may subsequently disclose information contained in the record, but must not disclose it in any form that could reasonably be expected to identify the alleged offender to whom it relates or any other person specified by the judge.

(3) Any person to whom a record is authorized to be made available under this section may be given any information that is contained in the record and may be given a copy of any part of the record.

(4) Nothing in this section authorizes the introduction into evidence of any part of a record that would not otherwise be admissible in evidence.

(5) For greater certainty, this section does not apply to an alternative measures agreement, a varied alternative measures agreement or a report that is filed with the court in accordance with section 135.

142. The Minister may enter into an agreement with a department or agency of a government in Canada respecting the exchange of information for the purpose of administering alternative measures or preparing a report in respect of an alleged offender’s compliance with an alternative measures agreement.

143. The Minister may make regulations respecting the alternative measures that may be used for the purposes of this Act, including regulations

(a) excluding specified offences under this Act from the application of those measures;

(b) prescribing the form and manner in which and the period within which an application to participate in the measures is to be made, and the information that is to be contained in or that is to accompany the application;

(c) respecting the manner of preparing and filing reports relating to the administration of and compliance with alternative measures agreements;

(d) respecting the terms and conditions that may be provided for in an alternative measures agreement and their effects; and

(e) respecting the types of reasonable costs and the manner of paying the costs associated with supervising and verifying compliance with an alternative measures agreement.

Ticketable Offences

144. (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 possible after the summons portion has been delivered or mailed.

(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 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 is to 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.

145. If any fish, aquatic plant or other thing is seized under this Act and proceedings relating to it are begun by way of a ticket under subsection 144(1) or under the Contraventions Act, the fishery officer, fishery guardian or inspector who completes the ticket must give written notice to the accused that, if the accused pays the prescribed fine within the period set out in the ticket, the fish, aquatic plant or other thing, or any proceeds of its disposition, is forfeited to Her Majesty in right of Canada.

146. (1) If 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) in the case of a ticket issued under subsection 144(1), the payment constitutes a plea of guilty to the offence described in the ticket, a conviction must be entered against the accused and no further action may be taken against the accused in respect of that offence; and

(b) whether the ticket was issued under subsection 144(1) or under the Contraventions Act, any fish, aquatic plant or other thing seized from the accused under this Act in relation to the offence described in the ticket, or any proceeds of its disposition, is despite sections 89 to 107 forfeited to Her Majesty in right of Canada and may be disposed of as the Minister directs.

(2) If the accused neither pays the prescribed fine within the period set out in the ticket nor appears in court as set out in the ticket, and is found guilty of the offence, then, whether the ticket was issued under subsection 144(1) or under the Contraventions Act, in addition to any other punishment imposed any fish, aquatic plant or other thing seized from the accused under this Act in relation to the offence described in the ticket, or any proceeds of its disposition, is, despite sections 89 to 107, forfeited to Her Majesty in right of Canada and may be disposed of as the Minister directs.

Other Remedies

147. (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence or violation under this Act, the court may issue an injunction ordering any person named in the application

(a) to refrain from doing any act or thing that it appears to the court may constitute or be directed toward the commission of an offence or violation under this Act; or

(b) to do any act or thing that it appears to the court may prevent the commission of an offence or violation under this Act.

(2) No injunction may be issued under subsection (1) unless 48 hours’ notice is given to the party or parties named in the application; however, an injunction may be issued without such notice if the urgency of the situation is such that service of notice would not be in the public interest.

Regulations

148. The Governor in Council may make regulations for carrying out the purposes of this Part, including regulations

(a) respecting the manner of disposing of things under section 87, including the manner and form of giving notices in relation to the disposition;

(b) respecting the manner in which the proceeds of fines and the proceeds of the disposition of forfeited things are to be distributed;

(c) prescribing offences under this Act to which section 144 applies and respecting the manner in which those offences may be described in tickets; and

(d) prescribing the amount of the fine for each offence prescribed under paragraph (c), which may not exceed $2,000.

PART 5

CANADA FISHERIES TRIBUNAL

Establishment of Tribunal

149. (1) A tribunal, to be known as the Canada Fisheries Tribunal, is established.

(2) The Tribunal’s head office is to be at the place that is fixed by order of the Governor in Council.

150. The Tribunal consists of a Chairperson and a Vice-chairperson, who are full-time members, and other members, who are part-time members. The Chairperson, Vice-chairperson and other members are to be appointed by the Governor in Council on the recommendation of the Minister.

151. (1) The Chairperson is the chief executive officer of the Tribunal and has supervision over and direction of the Tribunal’s work, including

(a) the assignment and reassignment to panels of matters that the Tribunal is to deal with;

(b) the composition of panels and the assignment of Tribunal members to preside over them;

(c) the determination of the date, time and place of hearings;

(d) the conduct of the Tribunal’s work;

(e) the management of the Tribunal’s internal affairs; and

(f) the functions of the Tribunal’s staff.

(2) The Chairperson may delegate to the Vice-chairperson any of the Chairperson’s powers and functions under subsection (1), and may delegate to a member of the staff of the Tribunal any of the Chairperson’s powers and functions under paragraph (1)(e) or (f).

(3) If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Vice-chairperson is to act in the Chairperson’s place.

(4) If both the Chairperson and the Vice-chairperson are absent or unable to act or if both offices are vacant, the Minister may designate another member to act in the Chairperson’s place.

152. (1) Tribunal members hold office during good behaviour for a term not exceeding five years, but may be removed by the Governor in Council at any time for cause.

(2) Tribunal members may be reappointed to the Tribunal.

153. A person is not eligible to be appointed as a Tribunal member unless the person is knowledgeable about Canada’s fisheries resources or about administrative decision making.

154. (1) A person is not eligible to be appointed or to continue as a Tribunal member if the person is, directly or indirectly, engaged — as owner, shareholder, director, officer, partner or otherwise — in a fishing enterprise, or is a member of a fisheries organization or holds an office in one.

(2) A Tribunal member who becomes engaged in a fishing enterprise by will or succession must become disengaged from the enterprise within 90 days after the day on which they became engaged in it.

155. Tribunal members must not accept or hold any office or employment inconsistent with their powers and functions under this Act.

156. (1) The Chairperson, Vice-chairperson and other Tribunal members are to be paid the remuneration that is fixed by the Governor in Council.

(2) Tribunal members are entitled to be paid reasonable travel and other expenses incurred by them in the course of their functions under this Act while absent from, in the case of the Chairperson and Vice-chairperson, their ordinary place of work and, in the case of the other members, their ordinary place of residence.

(3) A Tribunal member is not employed in the public service for the purposes of the Public Service Superannuation Act unless the Governor in Council provides that the member is employed in the public service for those purposes.

(4) For the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act, a Tribunal member is employed in the federal public administration.

157. If a person who is engaged as a Tribunal 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 or Vice-chairperson, continue to act as a member in respect of the matter during a period not exceeding 180 days after the day on which they ceased to be a member.

Services and Facilities and Staffing

158. (1) The secretary and other staff necessary for the proper conduct of the Tribunal’s business are to be appointed in accordance with the Public Service Employment Act.

(2) The Tribunal may engage persons who have technical or special knowledge to assist or advise the Tribunal in any matter, and, subject to the approval of the Treasury Board, may fix their remuneration.

159. In exercising its powers and performing its functions, the Tribunal must, when appropriate, make use of the services and facilities of departments and agencies of the Government of Canada.

160. The Tribunal must, at the request of the Minister, provide the Minister with information about appeals made under section 32 and proceedings in respect of violations.

161. (1) The Tribunal must, as soon as possible after the end of each fiscal year, prepare a report on the administration of the provisions of this Part and the regulations made under this Part in that fiscal year.

(2) The Minister must cause the report to be laid before each house of Parliament.

Procedural Matters

162. The jurisdiction of the Tribunal is to be exercised in any matter by one or more Tribunal members assigned by the Chairperson to that matter, and an order made by the member or members is an order of the Tribunal.

163. All parties to a proceeding before the Tribunal may appear in person or be represented by counsel or by an agent or other representative.

164. (1) The 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 desirable for the purpose of exercising any of its powers or performing any of its functions.

(2) A witness who receives 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.

165. (1) Any summons to a witness issued by the Tribunal or order made by the 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.

(2) To make a summons or order of the Tribunal a summons or 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.

166. (1) The Tribunal must publish its decisions and orders in the manner that it considers appropriate.

(2) The information in a decision or order published under subsection (1) may include the names and addresses of the persons at issue.

167. The Tribunal may make by-laws respecting its internal administrative affairs, including the calling of meetings and the conduct of business at meetings.

168. The Tribunal may, with the approval of the Governor in Council, make

(a) rules governing its practice and procedure; and

(b) rules for preventing trade secrets and information described in section 20 of the Access to Information Act from being disclosed or made public as a result of their use as evidence before the Tribunal, including rules providing for hearings to be held in private.

Licence Appeals

169. The Tribunal must, in accordance with this Act and the regulations, dispose of an appeal made under section 32

(a) by allowing the appeal and directing the licensing officer to issue the licence applied for; or

(b) by dismissing the appeal.

Violations

Application

170. Sections 172 to 206 apply in respect of prescribed licences or prescribed classes of licences.

171. In sections 172 to 206, “person” means

(a) a holder of a licence referred to in section 170, or of a licence that belongs to a class referred to in that section; and

(b) any other person who is authorized to fish under the authority of such a licence.

Classification

172. A violation is either a major or a minor violation.

173. A major violation is

(a) a contravention of a provision of this Act or the regulations that is prescribed by regulations made under subparagraph 206(1)(c)(i);

(b) a contravention of

(i) a condition of a licence, or

(ii) a provision of a fisheries management order

that belongs to a class prescribed by regulations made under subparagraph 206(1)(c)(ii);

(c) a contravention of an order made under subsection 198(1) or section 199; or

(d) a minor violation that a case presentation officer chooses under subsection 182(1) to treat as a major violation.

174. A minor violation is

(a) a contravention of a provision of this Act or the regulations that is prescribed by regulations made under subparagraph 206(1)(d)(i); or

(b) a contravention of

(i) a condition of a licence, or

(ii) a provision of a fisheries management order

that belongs to a class prescribed by regulations made under subparagraph 206(1)(d)(ii).

175. (1) A contravention that is a violation may not be proceeded with as an offence.

(2) A violation is not an offence.

(3) Section 126 of the Criminal Code does not apply in respect of any obligation or prohibition under this Act whose contravention is a violation under this Act.

Liability for Violations

176. A holder is liable not only for a violation that the holder actually commits but also for a violation that is committed by a person who is authorized to fish under the authority of the holder’s licence, whether or not the person who actually committed the violation is identified or proceeded against in accordance with this Act.

177. A notice of major violation or a notice of minor violation may not be served on a person later than two years after the day on which evidence of the violation first came to the attention of a fishery officer or fishery guardian.

178. (1) A person is not liable for a violation if they establish that they

(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 their conduct innocent.

(2) The fact that a person is not liable for a violation because they have an excuse under subsection (1) does not mean that no other person is liable for the violation.

179. A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

Case Presentation Officers

180. The Minister may designate any indi- viduals employed in the Department of Fisheries and Oceans or class of those individuals as case presentation officers for the purposes of this Act or the regulations.

Procedure for Violations

Notices of Violation

181. A case presentation officer who has reasonable grounds to believe that a person is liable for a major violation may complete a notice of major violation and have it served on the person and sent to the Tribunal.

182. (1) A case presentation officer who has reasonable grounds to believe that a person is liable for a minor violation may choose to treat the violation as a major violation if no notice of minor violation in respect of the violation has been served under section 184 and

(a) during the five years before the violation was committed, the person has been liable for at least two other violations

(i) for which an order has been made under paragraph 196(b), subsection 198(1) or section 199, or

(ii) for which the person has made a payment under paragraph 185(1)(a); or

(b) in the prescribed circumstances, the case presentation officer is of the opinion, having regard to the effect or potential effect of the commission of the violation on fisheries resources, that the violation should be treated as a major violation.

(2) If a case presentation officer chooses to treat the minor violation as a major one, then section 181 applies.

183. (1) A person may, within 30 days after the day on which they are served with a notice of major violation or within any further time that the Tribunal on application allows, request a hearing or an opportunity to make written representations by signing the relevant request on the notice and sending the request to the Tribunal.

(2) If the person does not request a hearing or an opportunity to make written representations in accordance with subsection (1), the Tribunal may declare that the person is liable for the violation and may make an order under subsection 198(1) or section 199 or both.

(3) The case presentation officer and the person may, at any time before the Tribunal makes an order in respect of the violation, agree on what sanction or sanctions should be imposed under subsection 198(1) or section 199 or both.

184. A fishery officer or fishery guardian who has reasonable grounds to believe that a person is liable for a minor violation may complete a notice of minor violation containing an assessment of a monetary penalty, and have the notice served on the person.

185. (1) A person may, within 30 days after the day on which they are served with a notice of minor violation, or within any further time that the Tribunal on application allows,

(a) pay an amount equal to one half of the monetary penalty by sending the notice, along with that amount, to the place specified in the notice; or

(b) contest the assessment of the monetary penalty by signing the request for an opportunity to make written representations on the notice and sending the request to the Tribunal.

(2) If a person from whom any fish is seized in relation to a minor violation makes a payment under paragraph (1)(a) in respect of the violation, the fish, or any proceeds of its disposition, is forfeited to Her Majesty in right of Canada.

(3) Any fish that is forfeited under subsection (2) may be disposed of after its forfeiture in any manner that the Minister directs.

(4) If the person does not make a payment or request an opportunity to make written representations in accordance with subsection (1), the Tribunal may declare that the person is liable for the violation and may make an order under paragraph 196(b).

Hearing

186. If the Tribunal receives a request for a hearing made in accordance with subsection 183(1), it must hold a hearing and make one of the declarations referred to in section 195.

Written Representations

187. If the Tribunal receives a request for an opportunity to make written representations in accordance with subsection 183(1) or paragraph 185(1)(b), it must inform a Regional Director General or Associate Regional Director General of the Department of Fisheries and Oceans of the request within 15 days after the day on which it was received.

188. (1) Within 30 days after the day on which the Regional Director General or Associate Regional Director General is informed of the request or within any further time that the Tribunal on application allows, a case presentation officer must serve on the person who made the request, and send to the Tribunal, a statement

(a) setting out any written representations of the case presentation officer with respect to the matters referred to in section 191; and

(b) containing any documentary evidence — which need not be on oath — that the case presentation officer wishes to present in support of those representations.

(2) The statement that is served on the person must be accompanied by a notice setting out the right of the person to make the statement referred to in section 189.

189. The person may, within 30 days after the day on which they were served with the statement referred to in section 188 or within any further time that the Tribunal on application allows, send to the Tribunal a statement

(a) setting out any written representations with respect to the matters referred to in section 191 and to any extension of time for paying any monetary penalty that has been assessed or that may be ordered; and

(b) containing any documentary evidence — which need not be on oath — that the person wishes to present in support of those representations.

190. The Tribunal must send a copy of any statement sent to it under section 189 to the case presentation officer within 15 days after the day on which it receives the statement.

191. Written representations in respect of a violation may be made with respect to the following matters:

(a) whether the person is liable for the violation; and

(b) in the case of a major violation,

(i) whether anything that is seized in relation to the violation, other than fish or an aquatic plant, ought to be forfeited, and

(ii) which sanction or sanctions should be imposed under subsection 198(1) or section 199 or both.

192. The person and the case presentation officer each may apply to the Tribunal for an opportunity to make, by way of a statement, additional written representations in the manner and within the time that the Tribunal directs.

193. The Tribunal must consider any statements referred to in sections 188, 189 and 192 that it receives within the applicable periods provided for in those sections, and must then make a decision under section 195, in the case of a major violation, or section 196, in the case of a minor violation.

Tribunal’s Decision and Sanctions

194. A case presentation officer has the legal burden of establishing, on a balance of probabilities, that a person is liable for a violation.

195. In a proceeding in respect of a major violation, the Tribunal must

(a) declare that the person is not liable for the violation;

(b) declare that the person is liable for the violation and make an order under subsection 198(1) or section 199 or both; or

(c) if an agreement has been entered into under subsection 183(3), declare that the person is liable for the violation and make the order under subsection 198(1) or section 199 or both imposing the sanctions provided for in the agreement, unless the Tribunal considers that it would not be in the public interest to do so.

196. In a proceeding in respect of a minor violation, the Tribunal must

(a) declare that the person is not liable for the minor violation; or

(b) declare that the person is liable for the minor violation and make an order confirming the assessment of the monetary penalty against the person.

197. A decision made by the Tribunal is final and is binding on the parties to the proceedings.

198. (1) If a person is liable for a major violation, the Tribunal must, having regard to any guidelines established under subsection 43(3) and to the nature of the violation and the circumstances surrounding its commission, make an order imposing one or more of the following sanctions:

(a) revoking or suspending the person’s licence, if the person is a holder, for any period that the Tribunal considers appropriate;

(b) prohibiting the person from applying for any licence during any period that the Tribunal considers appropriate;

(c) directing the person to pay a monetary penalty not exceeding $30,000;

(d) directing the person to pay the reasonable costs incurred in the seizure, detention, maintenance or disposition of any fish, aquatic plant or other thing seized in relation to the violation;

(e) prohibiting the person from doing any act or engaging in any activity that might, in the Tribunal’s opinion, result in the continuation or repetition of the violation;

(f) directing the person to take any action that the Tribunal considers appropriate to prevent or remedy any harm to any fish or fishery or to fish habitat that resulted or might result from the commission of the violation;

(g) directing the person to publish, in any manner that the Tribunal considers appropriate, the facts relating to the commission of the violation;

(h) directing the person to post a bond in an amount that the Tribunal considers appropriate for the purpose of ensuring compliance with any prohibition or direction referred to in this section;

(i) directing the person to submit to a Regional Director General or Associate Regional Director General of the Department of Fisheries and Oceans, within three years after the day on which the order is made, any information respecting the person’s activities that is requested by the Regional Director General or Associate Regional Director General and that relates to a matter specified in the order;

(j) varying or rescinding, in whole or in part, any condition of the person’s licence, if the person is a holder, relating to the number or quantity of fish that may be caught;

(k) establishing conditions to be included in any future licence that the person might hold on the number or quantity of fish that may be caught;

(l) establishing conditions to be included in any future licence that the person might hold on the amount or type of fishing gear or equipment that may be used; and

(m) directing the person to comply with any other conditions that the Tribunal considers appropriate for ensuring the person’s good conduct and for preventing the person from repeating the violation or committing other violations under this Act.

(2) If a person does not comply with a sanction imposed under paragraph (1)(g), the Tribunal may publish the facts relating to the commission of the violation and recover the costs of publication from the person.

199. If a person is liable for a major violation and the Tribunal is satisfied that, as a result of the commission of the violation, financial benefits accrued to the person, the Tribunal may, despite paragraph 198(1)(c), make an order assessing an additional monetary penalty against the person in an amount equal to the amount of those benefits as determined by the Tribunal.