Bill C-26
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Forfeiture
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39.7 (1) Where a person is convicted of an
offence, the convicting court may, in addition
to any punishment imposed, order that any
seized thing by means of or in relation to
which the offence was committed, or any
proceeds of its disposition, be forfeited to Her
Majesty in right of Canada.
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Return where
no forfeiture
ordered
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(2) Where the convicting court does not
order the forfeiture, the seized thing, or the
proceeds of its disposition, must be returned to
its lawful owner or the person lawfully
entitled to it.
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Retention or
sale
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39.8 Where a fine is imposed on a person
convicted of an offence, any seized thing, or
any proceeds of its disposition, may be
retained until the fine is paid, or the thing may
be sold in satisfaction of the fine and the
proceeds applied, in whole or in part, in
payment of the fine.
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Orders of
court
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39.9 Where a person is convicted of an
offence, the court may, in addition to any
punishment imposed and having regard to the
nature of the offence and the circumstances
surrounding its commission, make an order
containing one or more of the following
prohibitions, directions or requirements:
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Suspended
sentence
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39.10 (1) Where a person is convicted of an
offence and the court suspends the passing of
sentence pursuant to the Criminal Code, the
court may, in addition to any probation order
made on suspending the passing of that
sentence, make an order containing one or
more of the prohibitions, directions or
requirements mentioned in section 39.9.
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Imposition of
sentence
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(2) Where the person does not comply with
the order or is convicted of another offence,
within three years after the order was made,
the court may, on the application of the
prosecution, impose any sentence that could
have been imposed if the passing of sentence
had not been suspended.
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Limitation
period
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39.11 (1) Proceedings by way of summary
conviction in respect of an offence may be
commenced at any time within, but not later
than, two years after the day on which the
subject-matter of the proceedings became
known to the Minister.
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Minister's
certificate
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(2) A document appearing to have been
issued by the Minister, certifying the day on
which the subject-matter of any proceedings
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 is proof of the
matter asserted in it.
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Procedure
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39.12 (1) In addition to the procedures set
out in the Criminal Code for commencing a
proceeding, proceedings in respect of any
offence prescribed by the regulations may be
commenced by an enforcement officer
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Content of
ticket
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(2) The summons and information portions
of the ticket must
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Notice of
forfeiture
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(3) Where a thing is seized under this Act
and proceedings relating to it are commenced
by way of the ticketing procedure, the
enforcement officer who completes the ticket
shall give written notice to the accused that, if
the accused pays the fine prescribed by the
regulations within the period set out in the
ticket, the thing, or any proceeds of its
disposition, will be immediately forfeited to
Her Majesty.
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Consequences
of payment
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(4) Where an accused to whom the
summons portion of a ticket is delivered or
mailed pays the prescribed fine within the
period set out in the ticket,
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Regulations
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(5) The Governor in Council may make
regulations prescribing
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PART III |
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POWERS, DUTIES AND FUNCTIONS OF
THE MINISTER
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General |
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Powers, duties
and functions
of the
Minister
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40. (1) As the Minister responsible for
oceans, the powers, duties and functions of the
Minister extend to and include all matters over
which Parliament has jurisdiction, not
assigned by law to any other department,
board or agency of the Government of
Canada, relating to the policies and programs
of the Government of Canada respecting
oceans.
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Encourage- ment of activities
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(2) For the purpose of subsection (1), the
Minister shall encourage activities necessary
to foster understanding, management and
sustainable development of oceans and
marine resources and the provision of coast
guard and hydrographic services to ensure the
facilitation of marine trade, commerce and
safety in collaboration with other ministers of
the Government of Canada.
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Coast Guard Services |
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Coast guard
services
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41. (1) As the Minister responsible for coast
guard services, the powers, duties and
functions of the Minister extend to and include
all matters over which Parliament has
jurisdiction, not assigned by law to any other
department, board or agency of the
Government of Canada, relating to
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Cost effective
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(2) The Minister shall ensure that the
services referred to in subparagraphs (1)(a)(i)
to (iv) are provided in a cost effective manner.
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Marine Sciences |
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Functions
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42. In exercising the powers and
performing the duties and functions assigned
by paragraph 4(1)(c) of the Department of
Fisheries and Oceans Act, the Minister may
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Powers
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43. Subject to section 4 of the Department
of Fisheries and Oceans Act respecting the
powers, duties and functions of the Minister in
relation to matters mentioned in that section
over which Parliament has jurisdiction, the
Minister
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Marine
scientific
research by
foreign ships
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44. The Minister may
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Minister's
powers
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45. As the Minister responsible for
hydrographic services, the powers, duties and
functions of the Minister extend to and include
all matters over which Parliament has
jurisdiction, not assigned by law to any other
department, board or agency of the
Government of Canada, relating to
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Entry on lands
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46. A hydrographer may, for the purpose of
conducting a hydrographic survey on behalf
of the Minister, enter on or pass over the lands
of any person, but shall take all reasonable
precautions to avoid causing any damage in
doing so.
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