Bill C-62
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Civil remedies
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(8) No civil remedy for any act or omission
is suspended or affected by reason only that
the act or omission is authorized under this
Part, is an offence under this Part or gives rise
to civil liability under this Part.
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Action by
Attorney
General of
Canada
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(9) Notwithstanding that a prosecution has
been instituted in respect of an offence under
sections 61 to 63, the Attorney General of
Canada may commence and maintain pro
ceedings to enjoin anything punishable as an
offence under those sections.
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Offences and Punishment |
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Offences and
punishment
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61. Every person who contravenes subsec
tion 49(1) or 50(1)
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Offences and
punishment
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62. Every person who
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is guilty of an offence punishable on summary
conviction and liable, for a first offence, to a
fine not exceeding $200,000, and, for any sub
sequent offence, to a fine not exceeding
$200,000 or to imprisonment for a term not
exceeding six months, or to both.
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Offences and
punishment
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63. Every person who contravenes subsec
tion 43(1), section 44, subsection 45(1) or (2),
46(3) or 50(3) or section 52 commits an
offence and is guilty of an offence punishable
on summary conviction and liable, for a first
offence, to a fine not exceeding $200,000 and,
for any subsequent offence, to a fine not
exceeding $200,000 or to imprisonment for a
term not exceeding six months, or to both.
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Matters of
proof
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64. For the purpose of any proceeding for an
offence under section 61 or 62,
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PART III |
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ADMINISTRATIVE SANCTIONS |
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Application |
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Application
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65. (1) This Part applies in respect of
prescribed classes of licences.
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Non- application
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(2) Section 8 does not apply in respect of a
licence to which this Part applies.
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Establishment of Tribunals |
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Atlantic
Fisheries
Tribunal
established
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66. There is hereby established a tribunal, to
be known as the Atlantic Fisheries Tribunal,
consisting of a full-time Chairperson and any
part-time members, all appointed by the
Governor in Council.
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Pacific
Fisheries
Tribunal
established
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67. There is hereby established a tribunal, to
be known as the Pacific Fisheries Tribunal,
consisting of a full-time Chairperson and any
part-time members, all appointed by the
Governor in Council.
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Chief
executive
officer
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68. (1) The Chairperson is the chief execu
tive officer of the Tribunal.
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Absence, etc.,
of
Chairperson
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(2) If the Chairperson is absent or unable to
act or if the office of Chairperson is vacant,
such other member of the Tribunal as is
designated by the Governor in Council shall
perform the functions of the Chairperson.
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Term of
members
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69. (1) The members of a Tribunal shall be
appointed to hold office during good beha
viour for a term not exceeding three years, but
may be removed by the Governor in Council
at any time for cause.
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Re- appointment
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(2) A member may be re-appointed to a
Tribunal.
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Knowledge
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70. A person is not eligible to be appointed
as a member unless the person is knowledge
able about Canada's fisheries resources or
administrative decision-making.
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Conflict of
interest
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71. (1) A person is not eligible to be
appointed or to continue as a member if the
person is, directly or indirectly, as owner,
shareholder, director, officer, partner or other
wise, engaged in a fisheries business or
undertaking or is a member of, or the holder of
an office in, a fisheries organization.
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Inheritance
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(2) A member who becomes engaged in the
manner referred to in subsection (1) by will or
succession shall become disengaged within
ninety days after becoming so engaged.
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Other
employment
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72. Members shall not accept or hold any
office or employment inconsistent with their
functions under this Act.
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Remuneration
and fees
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73. (1) The Chairperson of each Tribunal
shall be paid such remuneration and allow
ances as are fixed by the Governor in Council,
and each other member is entitled to be paid
such fees for that other member's services as
are fixed by the Governor in Council.
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Expenses
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(2) Members are entitled to be paid reason
able travel and other expenses incurred by
them in the course of their duties under this
Act while absent from, in the case of the
Chairpersons of the Tribunals, their ordinary
place of work and, in the case of any part-time
members, their ordinary place of residence.
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Pension
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(3) A member is deemed not to be employed
in the Public Service for the purposes of the
Public Service Superannuation Act unless the
Governor in Council deems the member to be
so employed for those purposes.
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Workers'
compensation
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(4) For the purposes of the Government
Employees Compensation Act and any regula
tions made pursuant to section 9 of the
Aeronautics Act, a member is deemed to be
employed in the public service of Canada.
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Acting after
expiration of
term
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74. If a person who is engaged as a 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 of the Tribunal, continue,
during a period not exceeding one hundred
and eighty days, to act as a member in respect
of the matter.
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Services and Facilities and Staffing |
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Secretary and
other staff
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75. (1) The secretary and other staff neces
sary for the proper conduct of the business of
a Tribunal shall be appointed in accordance
with the Public Service Employment Act.
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Technical
experts
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(2) A Tribunal may engage and, subject to
the approval of the Treasury Board, fix the
remuneration of persons having technical or
special knowledge to assist or advise the
Tribunal in any matter.
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Government
services and
facilities
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76. In performing its functions, a Tribunal
shall, where appropriate, make use of the
services and facilities of departments, boards
and agencies of the Government of Canada.
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Sharing of
information
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77. A Tribunal shall, at the request of the
Department and for the purpose of administer
ing this Act, provide the Department with
information about holders respecting appeals
under section 90 and violations.
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Civil Liability |
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Immunity
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78. (1) The members and the secretary and
other staff referred to in section 75 are not
personally liable for anything done or omitted
to be done in good faith in performing any
functions under this Act.
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Crown not
relieved
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(2) Subsection (1) does not, by reason of
section 10 of the Crown Liability and Pro
ceedings Act, relieve the Crown of liability in
respect of a tort to which the Crown would
otherwise be subject.
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Contractual
liability
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79. A Tribunal is an agent of Her Majesty in
right of Canada for the purposes of the law of
contract.
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Tort liability
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80. A Tribunal, its members and the secre
tary and other staff referred to in section 75 are
servants of Her Majesty in right of Canada for
the purposes of the law of tort.
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Procedural Matters |
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Exercise of
jurisdiction
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81. The jurisdiction of a Tribunal shall be
exercised in any case by a single member of
the Tribunal assigned by the Chairperson of
the Tribunal to that case, and the order made
by the member is an order of the Tribunal.
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Right to
appear
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82. All parties to a proceeding before a
Tribunal may appear in person or may be
represented by counsel or by an agent.
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Powers
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83. (1) A Tribunal may summon any person
to appear as a witness before it and may order
the witness to
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Fees for
witnesses
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(2) A witness who is served with 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.
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Enforcement
of summonses
and orders
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84. (1) Any summons to a witness issued or
order made by a 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.
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Procedure
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(2) To make a summons or an order of a
Tribunal a summons or an 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 and the summons or order thereupon
becomes a summons or an order of the court.
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Review of
decisions and
orders
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85. A Tribunal may review and confirm,
rescind or vary any decision or order made by
it.
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Publication
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86. (1) A Tribunal shall publish its decisions
and orders in the manner it sees fit.
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Names of
holders
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(2) The information in a decision or order
published under subsection (1) may include
the names and addresses of the holders at issue
and, in relation to a holder that is a fishing
vessel, the names and addresses of its owners
or charterers.
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Judicial
review
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87. (1) For greater certainty, the Federal
Court has jurisdiction under section 18 of the
Federal Court Act to hear and determine an
application for judicial review in which relief
is sought against a Tribunal.
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Tribunal may
be heard
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(2) A Tribunal is entitled to be heard by
counsel or otherwise on the argument of an
application referred to in subsection (1).
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By-laws
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88. A Tribunal may make by-laws respect
ing the calling of meetings of the Tribunal, the
conduct of business at meetings of the Tribu
nal and the internal administrative affairs of
the Tribunal.
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Rules
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89. A Tribunal may, with the approval of the
Governor in Council, make rules
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