| Variation of
orders
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179. (1) A court that has made an order
under section 158 or 161 may, on application
by the Attorney General or the person or
fishing vessel to whom the order applies,
require the person or fishing vessel to appear
before it and, after hearing the person or
fishing vessel and the Attorney General, vary
the order in any of the following ways that the
court considers appropriate because of a
change in the circumstances of the person or
fishing vessel since the order was made:
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(a) change the order or any prohibition,
direction or requirement mentioned in the
order;
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(b) relieve the person or fishing vessel,
either absolutely or partially and for any
period that the court considers appropriate,
of compliance with any prohibition,
direction or requirement mentioned in the
order; or
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(c) extend or decrease the period during
which the order shall remain in force.
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| Limitation
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(2) Where an application has been heard by
a court under subsection (1), no other
application may be made in respect of the
same order except with leave of the court.
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| Offence and
punishment
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180. Every person or fishing vessel
convicted of an offence under this Act who
subsequently contravenes an order made
under section 158 or 161
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(a) is guilty of an offence punishable on
summary conviction and liable to a
punishment not exceeding the maximum
punishment to which a person or fishing
vessel is liable on summary conviction for
the original offence; or
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(b) is guilty of an indictable offence and
liable to a punishment not exceeding the
maximum punishment to which a person or
fishing vessel is liable on conviction on
indictment for the original offence.
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Ticketable Offences
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| Procedure
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181. (1) In addition to the procedures set out
in the Criminal Code for beginning a
proceeding, a proceeding in respect of any
prescribed offence may be begun by a fishery
officer, fishery guardian or inspector
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(a) completing a ticket that consists of a
summons portion and an information
portion;
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(b) delivering the summons portion of the
ticket to the accused or mailing it to the
accused at the accused's latest known
address; and
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(c) filing the information portion of the
ticket with a court of competent jurisdiction
before or as soon as practicable after the
summons portion has been delivered or
mailed.
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| Content of
ticket
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(2) The summons and information portions
of a ticket must
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(a) set out, in the prescribed manner, a
description of the offence and the time and
place of its alleged commission;
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(b) include a statement, signed by the
fishery officer, fishery guardian or
inspector who completes the ticket, that the
officer, guardian or inspector, as the case
may be, has reasonable grounds to believe
that the accused committed the offence;
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(c) set out the amount of the fine prescribed
for the offence and the manner in which and
period within which it may be paid;
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(d) include a statement that if the accused
pays the fine within the period set out in the
ticket, a conviction will be entered and
recorded against the accused; and
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(e) include a statement that, if the accused
wishes to plead not guilty or for any other
reason fails to pay the fine within the period
set out in the ticket, the accused must appear
in the court and at the time set out in the
ticket.
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| Notice of
forfeiture
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182. Where any fish is seized under this Act
and proceedings relating to the fish are begun
by way of the ticketing procedure described in
section 181, the fishery officer or fishery
guardian 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.
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| Consequences
of payment
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183. 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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(a) the payment constitutes a plea of guilty
to the offence described in the ticket and a
conviction shall be entered against the
accused and no further action shall be taken
against the accused in respect of that
offence; and
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(b) notwithstanding sections 136 to 152,
any fish seized from the accused under this
Act relating to the offence described in the
ticket, or any proceeds realized from its
disposition, are forfeited to Her Majesty in
right of Canada and may be disposed of as
the Minister directs.
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| Regulations
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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
foregoing, may make regulations prescribing
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(a) the manner of disposing of fish or other
things under section 134, including the
manner and form of giving notices in
relation to the disposition;
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(b) the manner and extent to which force
may be used for the purposes of section 153;
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(c) the manner in which the proceeds of
fines and the proceeds of the disposition of
forfeited things shall be distributed;
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(d) offences under this Act to which section
181 applies and the manner in which those
offences may be described in tickets;
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(e) the amount of the fine for an offence to
which section 181 applies, which amount
may not exceed $2,000; and
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(f) any other thing that by this Part is to be
or may be prescribed.
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| Powers of
Governor in
Council
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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
foregoing, may make regulations
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(a) prescribing the powers and duties of
persons engaged or employed in the
administration or enforcement of this Act
and the exercise of those powers and the
performance of those duties;
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(b) subject to subsection 4(2), making
applicable to any area of the sea referred to
in subsection 4(1) any regulations made
pursuant to this Act;
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(c) for implementing the provisions of any
fisheries treaty to which Canada is a party,
any international conservation or
management measure taken under such a
treaty or any fisheries arrangement between
Canada and one or more other states, and in
particular, but without restricting the
generality of the foregoing,
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(i) prescribing, where, in the opinion of
the Governor in Council, Canada is
authorized by or under the treaty,
measure or arrangement to enforce it
against nationals of other states or fishing
vessels entitled to fly the flags of other
states,
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(A) the states in respect of which
Canada is so authorized, and
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(B) the area of the high seas to which
the treaty, measure or arrangement
applies,
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(ii) prescribing, where another state is
authorized by or under the treaty,
measure or arrangement to enforce it
against Canadian citizens or Canadian
fishing vessels,
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(A) the state that is so authorized, and
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(B) the area of the high seas to which
the treaty, measure or arrangement
applies, and
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(iii) restricting the powers conferred by
this Act on persons engaged or employed
in the administration or enforcement of
this Act in order to carry into effect the
terms of the treaty, measure or
arrangement;
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(d) respecting any records, books of
account or documents, including
documents in electronic form, to be kept
under this Act and the manner and form in
which and the period for which they shall be
kept;
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(e) respecting the manner in which records,
books of account or other documents shall
be produced and information shall be
provided under this Act;
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(f) prescribing the charges that are to be paid
to recover costs incurred by the
Department, the Tribunal or any person
with respect to operations under licences
and leases referred to in section 5;
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(g) respecting the manner of service and
sending of summonses, notices, statements
and other documents under this Act; and
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(h) prescribing any other thing that by this
Act is to be or may be prescribed.
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| R.S., c. A-1
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186. Schedule I to the Access to
Information Act is amended by adding the
following in alphabetical order under the
heading ``Other Government Institutions'':
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Atlantic Fisheries Tribunal
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Office des pêches de l'Atlantique
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Pacific Fisheries Tribunal
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Office des pêches du Pacifique
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| 1995, c. 22
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187. Item 5 of Schedule III to An Act to
amend the Criminal Code (sentencing) and
other Acts in consequence thereof, chapter
22 of the Statutes of Canada, 1995, is
repealed.
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| R.S., c. A-12
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188. Section 27 of the Arctic Waters
Pollution Prevention Act is replaced by the
following:
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| Protection of
persons
claiming
interest
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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.
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| Reading
references in
applying
Fisheries Act
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(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, 149, 150 and 151 of that Act shall be read
as references to the Governor in Council.
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| 1992, c. 31
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189. Paragraph 3(2)(a) of the Coasting
Trade Act is replaced by the following:
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(a) used as a fishing vessel, as defined in the
Fisheries Act, in any activity governed by
that Act and that does not carry any goods
or passengers other than goods or
passengers incidental to any activity
governed by that Act;
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| 1992, c. 47
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190. Section 3 of the schedule to the
Contraventions Act and the heading before
it are repealed.
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| R.S., c. C-46
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| 1995, c. 29, s.
40
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191. Paragraph (e) of the definition
``peace officer'' in section 2 of the Criminal
Code is replaced by the following:
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(e) a person designated as a fishery
officer or fishery guardian under the
Fisheries Act when performing any
duties or functions under that Act,
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| 1992, c. 36
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192. Section 18 of the Energy Efficiency
Act is replaced by the following:
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| Protection of
persons
claiming
interest
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18. Sections 144 to 152 of the Fisheries Act
apply, with such modifications as the
circumstances 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.
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| R.S., c. F-11
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193. Schedule I.1 to the Financial
Administration Act is amended by adding
the following in alphabetical order in
column I:
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Atlantic Fisheries Tribunal
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Office des pêches de l'Atlantique
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Pacific Fisheries Tribunal
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Office des pêches du Pacifique
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and by adding a corresponding reference to
the ``Minister of Fisheries and Oceans'' in
column II.
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