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Bill C-115

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    (b) in section 117, in the case of a minor violation.

Where no representation s received

(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

    (a) in section 116, in the case of a major violation; and

    (b) in section 117, in the case of a minor violation.

Orders in Relation to Sanctions

Major violations

116. In a proceeding in respect of a major violation, a Tribunal may, having regard to any guidelines set out in any applicable fisheries management agreement,

    (a) make an order dismissing the proceeding, if the Tribunal considers that the case presentation officer has not established that the holder is liable for the violation;

    (b) make an order allowing the proceeding and make one or more orders under subsection 99(1) or (2), if the Tribunal considers that the case presentation officer has established that the holder is liable for the violation; or

    (c) unless, in the opinion of the Tribunal, it would not be in the public interest to do so, approve any agreement reached under section 105 and, where the Tribunal approves such an agreement, it shall make an order referred to in paragraph (a) or orders referred to in paragraph (b).

Minor violations

117. In a proceeding in respect of a minor violation, a Tribunal may

    (a) make an order setting aside the assessment of a monetary penalty, if the Tribunal considers that the case presentation officer has not established that the holder is liable for the violation; or

    (b) make an order under section 100, if the Tribunal considers that the case presentation officer has established that the holder is liable for the violation.

Enforcement of Sanctions

Debts due to Her Majesty

118. (1) The following constitute debts due to Her Majesty in right of Canada:

    (a) a monetary penalty that is assessed by a Tribunal against a holder or whose assessment against a holder is confirmed by a Tribunal under this Part, from the time that it is assessed or confirmed or from any later time fixed by the Tribunal on extending the time for paying it; and

    (b) costs incurred by a Tribunal under subsection 99(3) in publishing the facts relating to the commission of a violation, from the time that the Tribunal incurs those costs.

Liens against fishing vessels

(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.

Extinguishme nt of debts

(3) An unpaid debt under this section is extinguished on the day that is five years after the day on which it became due.

Expiration of liens

(4) A lien under this section expires on the day that is five years after the day on which it was attached.

Recovery of debts in civil courts

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 subparagraph 99(2)(b)(ii) or paragraph 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.

Effect of filing order

(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.

Revocation and suspension of licences

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

    (a) revoke or suspend a licence held by the holder; and

    (b) prohibit the holder from applying for any licence.

Limitation

(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.

Continuation of revocation, etc.

(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 subsection at any time while the amount remains unpaid or the holder does not comply with the order.

Removal of suspension

(4) The suspension of a licence under subsection (1) ceases to have effect on the payment of the amount or on compliance with the order.

Regulations

Regulations

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

    (a) prescribing classes of licences for the purposes of this Part;

    (b) prescribing

      (i) provisions of this Act or the regulations the contravention of which constitutes a major violation, or

      (ii) classes of conditions of a licence or provisions of a fisheries management order the contravention of which constitutes a major violation;

    (c) prescribing

      (i) provisions of this Act or the regulations the contravention of which constitutes a minor violation, or

      (ii) classes of conditions of a licence or provisions of a fisheries management order the contravention of which constitutes a minor violation;

    (d) establishing short-form descriptions of minor violations;

    (e) prescribing amounts not exceeding $3,000 as the prescribed monetary penalties for minor violations;

    (f) prescribing the form and content of

      (i) notices of major violation to be completed and served under section 102,

      (ii) notices of an election under section 103 to treat a violation as a major violation, and

      (iii) notices of the assessment of a monetary penalty to be completed and served under section 106;

    (g) prescribing the circumstances referred to in paragraph 103(1)(b);

    (h) prescribing the procedures for the making of default decisions by a Tribunal in relation to violations;

    (i) prescribing the fees to be charged with respect to appeals under section 90 and proceedings in relation to violations; and

    (j) prescribing any other thing that by this Part is to be or may be prescribed.

Prescribed form of notice

(2) A form prescribed under paragraph (1)(f) must

    (a) set out the options the holder served with the notice has in responding to the notice and the time within which the holder must respond;

    (b) be in both official languages and provide an opportunity for the holder to indicate in which official language, being the holder's language, the holder wishes the hearing to be held or the representations of the Department to be made;

    (c) in the case of a notice of major violation, notice of election or notice of assessment of a monetary penalty, state that any fish that is seized under this Act in connection with the violation will be forfeited to Her Majesty in right of Canada if the holder makes a payment in accordance with paragraph 107(1)(a) or if it is established that the fish was caught, killed, processed, transported, purchased, sold or possessed in contravention of this Act; and

    (d) indicate that the consequence of not responding to the notice is that a default decision will be made by a Tribunal.

PART IV

ADMINISTRATION AND ENFORCEMENT

Administration

Fishery Officers and Fishery Guardians

Designation

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.

Certificate to be shown

(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 pursuant 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.

Evidence of appointment or designation

(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.

Inspection

Inspection

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 is being carried on any activity, work or undertaking, or there is any fish or other thing, in respect of which this Act or the regulations apply, and may

    (a) open any thing that the officer or guardian believes on reasonable grounds contains any fish or other thing in respect of which this Act or the regulations apply;

    (b) examine any fish or other thing that the officer or guardian finds and take samples of it;

    (c) conduct any tests or analyses or take any measurements; and

    (d) examine any records, books of account or other documents, including documents in electronic form, that the officer or guardian believes on reasonable grounds contain information that is relevant to the application of this Act or the regulations.

Operation of data processing systems and copying equipment

(2) In carrying out an inspection of a place under subsection (1), a fishery officer or fishery guardian may

    (a) use or cause to be used any computer system or data processing system at the place to examine any data contained in or available to the system;

    (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and

    (c) use or cause to be used any copying equipment at the place to make copies of any record, book of account or other document.

Fishing vessel or vehicle

(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.

Disposition of samples

(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.

Warrant required to enter dwelling-hous e

124. (1) A fishery officer or fishery guardian may not enter a dwelling-house under section 123 except with the consent of the occupant or under a warrant issued under subsection (2).

Authority to issue warrant

(2) A justice who on ex parte application is satisfied by information on oath

    (a) that the conditions for entry described in section 123 exist in relation to a dwelling-house,

    (b) that entry to the dwelling-house is necessary for any purpose relating to the enforcement of this Act, and

    (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused

may issue a warrant authorizing the fishery officer or fishery guardian named in it to enter that dwelling-house, subject to any conditions that may be specified in the warrant.

Duty to assist fishery officers and fishery guardians

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

    (a) give the fishery officer or fishery guardian all reasonable assistance to enable the officer or guardian to carry out the inspection and exercise any power conferred by that section; and

    (b) provide the fishery officer or fishery guardian with any information relevant to the application of this Act or the regulations that the officer or guardian may reasonably require.

Fishing vessels on high seas

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 has reasonable grounds to believe that the fishing vessel is

    (a) a Canadian fishing vessel;

    (b) a fishing vessel without nationality; or

    (c) a foreign fishing vessel whose flag state is a state prescribed by regulations made pursuant to subparagraph 185(c)(ii) and that is in the area of the high seas prescribed by those regulations.

Reasonable grounds

(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

    (a) the fishing vessel is flying the flag of a state that has denied the right of that fishing vessel to fly its flag; or

    (b) the master of the vessel does not, on request of the fishery officer, claim the right to fly the flag of any state.

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(3) In verifying the nationality of a vessel under this section, a fishery officer may

    (a) check the documents on board the fishing vessel issued by a state that evidence the right of the fishing vessel to fly the flag of that state; and

    (b) if after those documents have been checked there still remains reason to believe that the fishing vessel is a fishing vessel without nationality, proceed to a further examination on board the fishing vessel.

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