Bill C-62
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Licence Appeals |
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Appeals to
Tribunal
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90. (1) Where the Minister does not issue a
licence to which this Part applies on applica
tion or within a reasonable period thereafter,
the applicant may appeal to a Tribunal.
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Disposition of
appeal
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(2) A Tribunal, in accordance with any
licensing policies of the Minister, may dispose
of the appeal
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Violations |
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Violations and their Classification
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Classification
of violations
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91. Violations are either major violations or
minor violations.
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Major
violations
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92. A major violation is committed where
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Minor
violations
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93. A minor violation is committed where
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Violation not
an offence
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94. (1) A violation is not an offence, and,
accordingly, section 126 of the Criminal Code
does not apply in respect of a violation.
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Disobedience
of order not
an offence
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(2) Disobedience of an order made by a
Tribunal under subsection 99(1) or (2) or
section 100 is not an offence, and, according
ly, section 127 of the Criminal Code does not
apply in respect of the disobedience of such an
order.
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Liability for Violations
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Direct and
vicarious
liability
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95. (1) A holder is liable not only for a
violation that the holder actually commits but
also for a violation that is committed in respect
of any matter relating to any operations under
the holder's licence, whether or not the person
or vessel who actually committed the viola
tion is identified or proceeded against in
accordance with this Act.
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Fishing
vessels
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(2) Where a fishing vessel is used in the
commission of a violation, the following, if
holders, are liable for the violation:
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Burden of
proof
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96. (1) A case presentation officer has the
legal burden of establishing, on a balance of
probabilities, that a holder is liable for a
violation.
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Limitation
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(2) A proceeding in respect of a violation
may be begun not later than two years after the
later of
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Excuses
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97. (1) A holder is not liable for a violation
if the holder establishes that the holder
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Excuse
unique to
holder
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(2) The fact that a holder is not liable for a
violation because the holder has an excuse
under subsection (1) does not mean that no
other holder is liable for the violation.
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Continuing
violations
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98. A violation that is committed or contin
ued on more than one day constitutes a
separate violation for each day on which it is
committed or continued.
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Sanctions
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Revocation or
suspension of
licence
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99. (1) Where a holder is liable for a major
violation, a Tribunal may, without prejudice
to section 138, in accordance with this Act,
make an order revoking or suspending the
holder's licence or prohibiting the holder from
applying for any licence.
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Additional
sanctions
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(2) A Tribunal that makes an order under
subsection (1) in relation to a holder may also
make an order
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Publication
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(3) Where a holder does not comply with an
order of a Tribunal made under subparagraph
(2)(b)(ii) directing the holder to publish the
facts relating to the commission of a violation,
the Tribunal may publish those facts and
recover the costs of publication from the
holder.
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Sanctions for
minor
violations
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100. Where a holder is liable for a minor
violation, a Tribunal may, without prejudice
to section 138, make an order confirming the
assessment against the holder of the monetary
penalty.
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Case Presentation Officers
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Case
presentation
officers
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101. The Minister may designate any
individuals or classes of individuals employed
in the Department as case presentation offi
cers for the purposes of this Act.
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Major Violations
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Notice of
major
violation
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102. A case presentation officer who has
reasonable grounds to believe that a holder is
liable for a major violation may complete a
notice of major violation and cause it to be
served on the holder and sent to a Tribunal.
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Election
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103. (1) A case presentation officer who has
reasonable grounds to believe that a holder is
liable for a minor violation may elect to treat
the violation as a major violation if a notice of
the assessment of a monetary penalty for the
violation has not been completed and served
under section 106 and
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Notice of
election
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(2) A case presentation officer who makes
an election under subsection (1) shall com
plete a notice of election and have the notice
served on the holder and sent to the Tribunal.
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Options of
holders
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104. A holder may, within thirty days after
being served with a notice of major violation
under section 102 or a notice of election under
section 103,
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Settlement
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105. A case presentation officer and a
holder who has been served with a notice of
major violation under section 102 or a notice
of election under section 103 may, at any time
before the Tribunal makes an order in respect
of the major violation, agree on which order or
orders should be made under subsection 99(1)
or (2).
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Minor Violations
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Assessment of
monetary
penalty
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106. A fishery officer or fishery guardian
who has reasonable grounds to believe that a
holder is liable for a minor violation may
complete a notice of the assessment of a
monetary penalty and have it served on the
holder.
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Options of
holders
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107. (1) A holder may, within fifteen days
after being served with a notice of the
assessment of a monetary penalty under
section 106,
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Forfeiture
where
assessment of
monetary
penalty not
contested
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(2) Where a holder from whom any fish is
seized in connection with a minor violation
makes a payment in accordance with para
graph (1)(a) in respect of the violation, the
fish, or any proceeds realized from its disposi
tion, is thereupon forfeited to Her Majesty in
right of Canada.
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Disposition of
forfeited
things
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(3) Any fish that is forfeited under subsec
tion (2) may be disposed of immediately on its
forfeiture, in any manner that the Department
directs.
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No double
liability
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(4) A holder is not liable for a violation if the
holder establishes that the holder has made a
payment in accordance with paragraph (1)(a)
in respect of the violation.
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Hearing
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Hearing to be
held
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108. A Tribunal, after receiving a request
for a hearing in accordance with paragraph
104(a), shall hold a hearing and make one of
the orders referred to in section 116.
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Opportunity to Make Written
Representations
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Tribunal to
inform
Department
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109. A Tribunal shall inform the Depart
ment that it has received a request for an
opportunity to make written representations in
accordance with paragraph 104(b) or
107(1)(b), within fifteen days after that re
ceipt.
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Department to
provide its
case
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110. (1) Within thirty days after the Depart
ment is informed of a Tribunal's receipt of a
request for an opportunity to make written
representations, a case presentation officer
shall serve on the holder and send to the
Tribunal a statement
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Notice of
right to make
representa- tions
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(2) The statement that is served on the
holder must be accompanied by a notice
setting out the right of the holder
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Right to make
written
representa- tions
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111. The holder may, within thirty days
after being served with the statement referred
to in section 110, send to the Tribunal a
statement
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Department to
be notified of
holder's
representa- tions
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112. The Tribunal shall send a copy of any
statement it receives under section 111 to the
Department, within fifteen days after that
receipt.
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Written
representa- tions
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113. Written representations in respect of a
violation may be made with respect to the
following matters:
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