Bill C-62
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Opportunity
for additional
written
representa- tions
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114. (1) A holder or the Department may
apply to a Tribunal for an opportunity to make,
by way of statement, written representations
in addition to those made by the holder under
section 111 or, in the case of the Department,
by the case presentation officer under section
110.
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Directions re
written
representa- tions
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(2) On allowing an application under sub
section (1), a Tribunal shall give directions on
the manner in which and the time within
which the additional written representations
are to be made.
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Tribunal to
consider case
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115. (1) A Tribunal shall consider the
statements referred to in sections 110, 111 and
114 and make one of the orders referred to
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Where no
representa- tions received
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(2) Where thirty days have elapsed after the
case presentation officer serves the statement
referred to in section 110 on the holder and the
Tribunal has not received any statement from
the holder under section 111, the Tribunal
shall consider the statement referred to in
section 110 and make one of the orders
referred to
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Orders in Relation to Sanctions
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Major
violations
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116. In a proceeding in respect of a major
violation, a Tribunal may, having regard to
any guidelines referred to in subsection 17(3),
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Minor
violations
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117. In a proceeding in respect of a minor
violation, a Tribunal may
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Enforcement of Sanctions
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Debts due to
Her Majesty
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118. (1) The following constitute debts due
to Her Majesty in right of Canada:
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Liens against
fishing vessels
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(2) If the holder referred to in subsection (1)
is a fishing vessel, a lien attaches to the fishing
vessel for the amount of the debt, which lien
has priority over all other rights, interests,
claims and demands whatever, excepting only
claims for wages of seamen under the Canada
Shipping Act.
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Extinguish- ment of debts
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(3) An unpaid debt under this section is
extinguished on the day that is five years after
the day on which it became due and the lien,
if any, that was attached pursuant to subsec
tion (2) thereupon expires.
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Recovery of
debts in civil
courts
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119. (1) If an amount that constitutes a debt
under section 118 is not paid, the Attorney
General of Canada may, by filing a certified
copy of the order made under paragraph
99(2)(a), subparagraph 99(2)(b)(ii) or para
graph 99(2)(c) or (d), as the case may be, enter
judgment for the amount of the debt and costs,
if any, in any civil court in Canada that has
jurisdiction to enter a judgment for that
amount.
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Effect of
filing order
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(2) A judgment that is entered under this
section is enforceable against the debtor in the
same manner as if it were a judgment obtained
against that person in that court in a civil
proceeding by Her Majesty in right of Canada.
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Revocation
and
suspension of
licences
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120. (1) If an amount that constitutes a debt
or lien under section 118 is not paid or if a
holder does not comply with an order of a
Tribunal made under subsection 99(2), the
Tribunal may
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Limitation
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(2) Subject to subsection (3), no action may
be taken under subsection (1) in respect of an
order made under subsection 99(2) more than
five years after the order was made.
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Continuation
of revocation,
etc.
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(3) Notwithstanding subsection 118(3),
where action is taken under subsection (1)
within five years after the debt becomes due,
the lien attaches or the order is made, action
may continue to be taken under that subsec
tion at any time while the amount remains
unpaid or the holder does not comply with the
order.
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Removal of
suspension or
prohibition
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(4) A suspension under paragraph (1)(a) or
a prohibition under paragraph (1)(b) ceases to
have effect on the payment of the amount or on
compliance with the order.
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Regulations |
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Regulations
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121. (1) The Governor in Council may
make regulations for carrying out the purposes
and provisions of this Part and in particular,
but without restricting the generality of the
foregoing, may make regulations
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Prescribed
form of notice
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(2) A form prescribed under paragraph
(1)(f) must
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PART IV |
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ADMINISTRATION AND ENFORCEMENT |
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Administration |
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Fishery Officers and Fishery Guardians
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Designation
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122. (1) The Minister may designate any
individual or classes of individuals as fishery
officers or fishery guardians for the purposes
of this Act and may limit in any manner that
the Minister considers appropriate the powers
that a fishery officer or fishery guardian may
exercise under this or any other Act of
Parliament.
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Certificate to
be shown
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(2) On entering any place under this Act, a
fishery officer or fishery guardian shall, on
request, show the person in possession and
control of the place a certificate, in the form
approved by the Minister, certifying that the
officer or guardian has been designated pur
suant to this section and, where the powers of
a fishery officer or fishery guardian are
limited pursuant to subsection (1), specifying
the powers that the officer or guardian may
exercise under this or any other Act of
Parliament.
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Evidence of
appointment
or designation
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(3) Any document purporting to be a
certificate referred to in subsection (2) is
evidence in all courts and in all proceedings of
the facts stated therein.
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Inspection
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Inspection
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123. (1) Subject to section 124, for the
purpose of ensuring compliance with this Act
and the regulations, a fishery officer or fishery
guardian may, at any reasonable time, enter
and inspect any place, including any premises,
vessel or vehicle, in which the officer or
guardian believes on reasonable grounds there
has been, is being or is likely to be carried on
any prescribed project or other activity, work
or undertaking, or there is any fish or other
thing, in respect of which this Act or the
regulations apply, and may
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Operation of
data
processing
systems and
copying
equipment
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(2) In carrying out an inspection of a place
under subsection (1), a fishery officer or
fishery guardian may
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Fishing vessel
or vehicle
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(3) For the purposes of carrying out an
inspection, the fishery officer or fishery
guardian may stop any fishing vessel or
vehicle or direct that it be moved to a place
where the inspection can be carried out.
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Disposition of
samples
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(4) A fishery officer or fishery guardian
who takes a sample under paragraph (1)(b)
may dispose of it in any manner that the officer
or guardian considers appropriate.
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Warrant
required to
enter
dwelling- house
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124. (1) A fishery officer or fishery guard
ian may not enter a dwelling-house under
section 123 except with the consent of the
occupant or under a warrant issued under
subsection (2).
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Authority to
issue warrant
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(2) A justice who on ex parte application is
satisfied by information on oath
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may issue a warrant authorizing the fishery of
ficer or fishery guardian named in it to enter
that dwelling-house, subject to any conditions
that may be specified in the warrant.
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Duty to assist
fishery
officers and
fishery
guardians
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125. The owner or person who is in
possession or control of a place that is
inspected under section 123, and every person
found in the place, shall
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Fishing
vessels on
high seas
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126. (1) A fishery officer may go on board
a fishing vessel on the high seas for the
purpose of verifying the fishing vessel's
nationality, where the officer believes on
reasonable grounds that the fishing vessel is
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Reasonable
grounds
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(2) For the purposes of subsection (1), a
fishery officer has reasonable grounds to
believe that a fishing vessel is a fishing vessel
without nationality, in particular, where
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