Bill C-32
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TABLE OF PROVISIONS
AN ACT RESPECTING THE SUSTAINABLE DEVELOPMENT OF CANADA’S SEACOAST AND INLAND FISHERIES
Preamble
SHORT TITLE
1. Fisheries Act, 2007
PURPOSE OF ACT
2. Purpose
INTERPRETATION
3. Definitions
HER MAJESTY
4. Binding on Her Majesty
TERRITORIAL OPERATION
5. Application
APPLICATION PRINCIPLES
6. Principles
AGREEMENTS WITH PROVINCES
7. Minister may enter into agreements
8. Agreements to be published
9. Declaration of equivalent provisions
10. Report to Parliament
PROGRAMS AND PROJECTS
11. Objectives
12. Financial assistance
13. Agreements, etc.
ADVISORY PANELS
14. Minister may establish panels
INFORMATION
15. Persons to provide information
FEES
16. Services or use of facilities
17. Products, rights and privileges
18. Regulatory processes, etc.
19. Consultation
20. Power to make regulations
21. Proceeds of fees — provinces
LIABILITY
22. Immunity
DELEGATION
23. Delegation to provincial minister
24. Interpretation Act
PART 1
FISHERIES MANAGEMENT AND CONSERVATION AND PROTECTION OF FISH
Considerations
25. Conservation and protection of fish and fish habitat
Licences
26. Persons authorized to fish under a licence
27. Regulations — licence applications and issuance
28. Designation of licensing officers
29. Issuance of licences
30. Nature of licences
31. Refusal to issue licences
32. Appeals to Tribunal
33. Conditions
34. Prescribed licences prevail over regulations
35. Revocation
Leases
36. Issuance of leases
Allocations
37. Allocation among groups and communities
Fisheries Management Orders
38. Minister may make order
39. Duty to comply
40. Setting gear during close time
41. Notice
42. Inconsistency with licence conditions
Fisheries Management Agreements
43. Minister may enter into agreement
44. Publication
45. Inconsistency with regulations or fees
46. Minister’s powers not limited
Nisga’a Annual Fishing Plan
47. Definition of “fishing plan”
Prohibitions
48. Killing of fish
49. Fishing in areas subject to lease
50. Fishing gear or equipment
51. Main channel not to be obstructed
52. Fishing gear not to obstruct fish
53. Fishways and canals
54. Unlawful sale or possession
Regulations
55. Governor in Council
PART 2
CONSERVATION AND PROTECTION OF FISH AND FISH HABITAT, AND POLLUTION PREVENTION
Interpretation
56. Definitions
Conservation and Protection of Fish and Fish Habitat
57. Studies, analyses, samples and evaluations
58. Devices to prevent escape of fish
59. Alteration, disruption or destruction of fish habitat
Pollution Prevention
60. Throwing overboard of certain substances prohibited
Works and Undertakings
61. Duty to provide information
Reports and Corrective Measures
62. Duty to notify
Regulations
63. Governor in Council
Civil Liability
64. Liability
Offences and Punishment
65. Contravention of subsection 59(1) or 60(1) or (2)
66. Contravention of other provisions
67. Matters of proof
Report to Parliament
68. Annual report
PART 3
AQUATIC INVASIVE SPECIES
69. Prohibition — export, import, transport
70. Destruction of members of aquatic invasive species
71. Regulations
72. Offences and punishment
PART 4
ADMINISTRATION AND ENFORCEMENT
Fishery Officers, Fishery Guardians, Inspectors, Analysts and Certification Officers
73. Designation of fishery officers, fishery guardians and inspectors
74. Nisga’a laws
75. Application
76. Designation of analysts
77. Designation of certification officers
Inspection
78. Powers — fishery officers and fishery guardians
79. Warrant required to enter dwelling-place
80. Duty to assist
Search
81. Warrant
82. When warrant not necessary
83. Entry
Seizure
84. Power to seize
85. Release of seized fish
86. Detention of seized things
87. Perishables
88. Release of seized things on deposit of security
Detention of Seized Things
89. Seized things released if no proceeding commenced
90. Management of seized things
Forfeiture and Disposition
91. Offence — forfeiture
92. Violation — forfeiture
93. If person has absconded
94. Notice of forfeiture
95. Forfeiture if ownership not ascertainable
96. Forfeiture on consent
97. Disposition of forfeited things
98. Release of things not forfeited
Relief from Forfeiture
99. Application by person claiming interest
100. Release if security given
101. Disposition of thing
102. Order by court
103. Ranking of applicants
104. Appeal
105. Application to Minister
106. Discharge of encumbrances
107. Her Majesty not liable for shortfall
Other Enforcement Measures
108. Arrest
Prohibitions, Offences and Punishment
Obstruction and False Information
109. Obstruction
110. False statements
Exemption
111. Administering or enforcing Act
General Provisions
112. Punishment not otherwise provided for
113. Subsection 52(1) and paragraph 57(4)(a)
114. Offences deemed committed in Canada
115. Revocation, etc.
116. Orders of court
117. Additional fine
118. Suspended sentence
119. Variation of orders
120. Offence and punishment
121. Continuing offences
122. Offences by corporate officers, etc.
123. Offences by employees, agents or mandataries
124. Offences committed by person authorized to fish
125. Due diligence defence
126. Burden of proving licence
127. Limitation period
128. Appeal in proceedings by indictment
Execution
129. Debt due to Her Majesty
Alternative Measures Agreements
130. Definitions
131. When measures may be used
132. Sentencing considerations
133. Nature of measures contained in agreement
134. Duration of agreement
135. Filing in court for the purpose of public access
136. Stay and recommencement of proceedings
137. Application to vary agreement
138. Records
139. Records of police forces and investigative bodies
140. Government records
141. Disclosure of records
142. Agreements respecting exchange of information
143. Regulations
Ticketable Offences
144. Procedure
145. Notice of forfeiture
146. Consequences of payment
Other Remedies
147. Injunction
Regulations
148. Governor in Council
PART 5
CANADA FISHERIES TRIBUNAL
Establishment of Tribunal
149. Canada Fisheries Tribunal
150. Composition
151. Chief executive officer
152. Tenure
153. Knowledge
154. Conflict of interest
155. Other employment
156. Remuneration
157. Acting after expiry of term
Services and Facilities and Staffing
158. Secretary and other staff
159. Government services and facilities
160. Sharing of information
161. Annual report
Procedural Matters
162. Exercise of jurisdiction
163. Right to appear
164. Powers
165. Enforcement of summonses and orders
166. Publication
167. By-laws
168. Rules
Licence Appeals
169. Disposition of appeal
Violations
Application
170. Sections 172 to 206
171. Definition of “person”
Classification
172. Major or minor
173. Major violations
174. Minor violations
175. Violation not an offence
Liability for Violations
176. Direct and vicarious liability
177. Limitation
178. Excuses
179. Continuing violations
Case Presentation Officers
180. Designation
Procedure for Violations
Notices of Violation
181. Notice of major violation
182. Minor violation treated as major
183. Person’s options — major violation
184. Notice of minor violation
185. Person’s options — minor violation
Hearing
186. Hearing to be held
Written Representations
187. Notification
188. Case presentation officer’s statement
189. Right to make written representations
190. Case presentation officer notified
191. Written representations
192. Opportunity for additional written representations
193. Tribunal to consider matter
Tribunal’s Decision and Sanctions
194. Burden of proof
195. Tribunal’s decision — major violation
196. Tribunal’s decision — minor violation
197. Decision final
198. Sanctions — major violations
199. Sanction — additional monetary penalty
Enforcement of Sanctions
200. Debts due to Her Majesty
201. Recovery of debts in civil courts
202. Revocation and suspension of licences
203. Revocation or suspension of licence
204. Variation of orders
205. Non-application of section 127 of the Criminal Code
Regulations
206. Governor in Council
PART 6
REGULATIONS AND RELATED MATTERS
Regulations
207. Governor in Council
Incorporation by Reference
208. Externally produced material
209. Defence
Exemptions from Statutory Instruments Act
210. Not statutory instruments
PART 7
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEALS AND COMING INTO FORCE
Transitional Provisions
211. Committees
212. Allocations
213. Nisga’a annual fishing plan
214. Repeal of regulations
215. Fees
Consequential Amendments
216. Access to Information Act
217. Arctic Waters Pollution Prevention Act
218-220. Canada National Marine Conservation Areas Act
221-223. Canadian Environmental Protection Act, 1999
224-226. Coastal Fisheries Protection Act
227. Contraventions Act
228. Criminal Code
229. Energy Efficiency Act
230-231. Financial Administration Act
232. First Nations Oil and Gas and Moneys Management Act
233. Fishing and Recreational Harbours Act
234-235. Freshwater Fish Marketing Act
236. Marine Liability Act
237. Northwest Territories Waters Act
238-239. Nunavut Waters and Nunavut Surface Rights Tribunal Act
240. Precious Metals Marking Act
241. Privacy Act
242. Public Service Superannuation Act
243. Radiation Emitting Devices Act
244. Species at Risk Act
245. Textile Labelling Act
Repeals
246. Atlantic Fisheries Restructuring Act
247. Fisheries Act
248. Fisheries Development Act
249. Fisheries Improvement Loans Act
250. Great Lakes Fisheries Convention Act
Coming into Force
251. Order in council