Bill C-62
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
|
|
|
|
|
|
|
Limitation
|
(2) Where an application has been heard by
a court under subsection (1), no other applica
tion may be made in respect of the same order
except with leave of the court.
|
|
Offence and
punishment
|
180. Every person or fishing vessel con
victed of an offence under this Act who
subsequently contravenes an order made un
der section 158 or 161
|
|
|
|
|
|
|
|
|
Ticketable Offences
|
|
Procedure
|
181. (1) In addition to the procedures set out
in the Criminal Code for beginning a proceed
ing, a proceeding in respect of any prescribed
offence may be begun by a fishery officer,
fishery guardian or inspector
|
|
|
|
|
|
|
|
|
|
|
Content of
ticket
|
(2) The summons and information portions
of a ticket must
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Notice of
forfeiture
|
(3) Where any fish is seized under this Act
and proceedings relating to the fish are begun
by way of the ticketing procedure described in
subsection (1), the fishery officer, fishery
guardian or inspector who completes the
ticket shall give written notice to the accused
that if the accused pays the prescribed fine
within the period set out in the ticket, the fish,
or any proceeds realized from its disposition,
is thereupon forfeited to Her Majesty in right
of Canada.
|
|
Consequences
of payment
|
182. 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,
|
|
|
|
|
|
|
|
Ceasing to be
in force
|
183. This section, sections 181 and 182 and
paragraphs 184(d) and (e) cease to be in force
on a day or days to be fixed by order of the
Governor in Council.
|
|
|
Regulations |
|
Regulations
|
184. 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 fore
going, may make regulations prescribing
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
REGULATIONS |
|
Powers of
Governor in
Council
|
185. The Governor in Council may make
regulations for carrying out the purposes and
provisions of this Act and in particular, but
without restricting the generality of the fore
going, may make regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
CONSEQUENTIAL AMENDMENTS |
|
R.S., c. A-1
|
Access to Information Act |
|
|
186. Schedule I to the Access to Informa
tion Act is amended by adding the following
in alphabetical order under the heading
``Other Government Institutions'':
|
|
|
Atlantic Fisheries Tribunal
|
|
|
|
|
|
Pacific Fisheries Tribunal
|
|
|
|
|
R.S., c. A-12
|
Arctic Waters Pollution Prevention Act |
|
|
187. Section 27 of the Arctic Waters
Pollution Prevention Act is replaced by the
following:
|
|
Protection of
persons
claiming
interest
|
27. (1) Sections 144 to 152 of the Fisheries
Act apply, with such modifications as the
circumstances require, to any ship and cargo
forfeited under this Act as though they were a
thing forfeited under subsection 137(2) of that
Act.
|
|
Reading
references in
applying
Fisheries Act
|
(2) In applying sections 144 to 152 of the
Fisheries Act for the purposes of this Act, the
references to ``the Minister'' in sections 145,
146, 150 and 151 of that Act shall be read as
references to the Governor in Council.
|
|
1992, c. 31
|
Coasting Trade Act |
|
|
188. Paragraph 3(2)(a) of the Coasting
Trade Act is replaced by the following:
|
|
|
|
|
1992, c. 47
|
Contraventions Act |
|
|
189. Section 3 of the schedule to the
Contraventions Act and the heading before
it are repealed.
|
|
R.S., c. C-46
|
Criminal Code |
|
1995, c. 29, s.
40
|
190. Paragraph (e) of the definition
``peace officer'' in section 2 of the Criminal
Code is replaced by the following:
|
|
|
|
|
1992, c. 36
|
Energy Efficiency Act |
|
|
191. Section 18 of the Energy Efficiency
Act is replaced by the following:
|
|
Protection of
persons
claiming
interest
|
18. Sections 144 to 152 of the Fisheries Act
apply, with such modifications as the circum
stances require, to a thing forfeited under
section 15 or 16, or an energy-using product
forfeited under section 17, as though it were a
thing forfeited under subsection 137(2) of that
Act.
|
|
R.S., c. F-11
|
Financial Administration Act |
|
|
192. Schedule I.1 to the Financial Admin
istration Act is amended by adding the
following in alphabetical order in column I:
|
|
|
Atlantic Fisheries Tribunal
|
|
|
|
|
|
Pacific Fisheries Tribunal
|
|
|
|
|
|
and by adding a corresponding reference to
the ``Minister of Fisheries and Oceans'' in
column II.
|
|
R.S., c. F-24
|
Fishing and Recreational Harbours Act |
|
|
193. Subsection 16(3) of the Fishing and
Recreational Harbours Act is replaced by
the following:
|
|
Protection of
persons
claiming
interest
|
(3) Sections 144 to 152 of the Fisheries Act
apply , with such modifications as the circum
stances require, to any thing forfeited under
subsection (2) as though it were a thing
forfeited under subsection 137(2) of that Act.
|
|