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Bill C-115

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TABLE OF PROVISIONS

AN ACT RESPECTING FISHERIES

Preamble

SHORT TITLE

1. Short title

INTERPRETATION

2. Definitions

HER MAJESTY

3. Binding on Her Majesty

TERRITORIAL OPERATION

4. Territorial operation

PART I

FISHERIES CONSERVATION AND MANAGEMENT

Licences and Leases
5. Issuance, etc.

6. Licensing policy

7. Conditions

8. Revocation or suspension

9. Delegation of licensing authority

Fisheries Management Orders
10. Fisheries management orders

11. Notice

12. Effect of orders

13. Delegation

Financial Assistance for Economic Development and Adjustment
14. Programs and projects

15. Financial assistance

16. Agreements, etc.

Fisheries Management Agreements
17. Powers of Minister

18. Notice

19. Publication

20. Inconsistency

21. Minister's powers not limited

Exemption from Statutory Instruments Act
22. Certain instruments exempted

Conservation and Protection of Fish
23. Destruction of fish

24. Main channel not to be obstructed

25. Nets, weirs, etc., not to obstruct passage of fish

26. Fish-ways and canals

27. Prohibition

28. Unlawful sale or possession

29. Setting gear during closed time

International Conservation and Management Measures
30. Entry of foreign fishing vessels

31. Fishing

32. Importation of fish

33. Purpose

34. NAFO Regulatory Area

35. Fishing vessels without nationality

36. Provisioning in Canadian waters

Application of Criminal Law
37. Application of criminal law

38. Exercising powers of arrest, entry, etc.

Information Returns
39. Persons who may be required to provide information

Application
40. Exemption for law enforcement activities

Regulations
41. Regulations

PART II

FISH HABITAT CONSERVATION AND PROTECTION, AND POLLUTION PREVENTION

Interpretation
42. Definitions

Removal of Obstructions
43. Removal of obstructions

Fish-ways and other Structures
44. Construction of fish-way, etc.

45. Fish guards, screens, etc.

46. Costs of removal, etc.

47. Supply of water flow

Fish Habitat
48. Alteration, etc., of fish habitat

Pollution
49. Deposit of deleterious substance prohibited

50. Minister may require plans and specifications

Inspectors and Analysts
51. Designation of inspectors and analysts

52. Duty to assist inspectors

53. Warrant

54. Where warrant not necessary

55. Powers during search

56. Entry

57. Certificate of analyst as proof

Reports and Corrective Measures
58. Duty to notify

Regulations
59. Regulations

60. Civil liability

Offences and Punishment
61. Offences and punishment

62. Offences and punishment

63. Offences and punishment

64. Matters of proof

PART III

ADMINISTRATIVE SANCTIONS

Application
65. Application

Establishment of Tribunals
66. Atlantic Fisheries Tribunal established

67. Pacific Fisheries Tribunal established

68. Absence, etc., of Chairperson

69. Term of members

70. Knowledge

71. Conflict of interest

72. Other employment

73. Remuneration and fees

74. Acting after expiration of term

Services and Facilities and Staffing
75. Secretary and other staff

76. Government services and facilities

77. Sharing of information

Civil Liability
78. Immunity

79. Contractual liability

80. Tort liability

Procedural Matters
81. Exercise of jurisdiction

82. Right to appear

83. Powers

84. Enforcement of summonses and orders

85. Review of decisions and orders

86. Publication

87. Judicial review

88. By-laws

89. Rules

Licence Appeals
90. Appeals to Tribunal

Violations
Violations and their Classification

91. Classification of violations

92. Major violations

93. Minor violations

94. Violation not an offence

Liability for Violations

95. Direct and vicarious liability

96. Burden of proof

97. Excuses

98. Continuing violations

Sanctions

99. Revocation or suspension of licence

100. Sanctions for minor violations

Case Presentation Officers

101. Case presentation officers

Major Violations

102. Notice of major violation

103. Election

104. Options of holders

105. Settlement

Minor Violations

106. Assessment of monetary penalty

107. Options of holders

Hearing

108. Hearing to be held

Opportunity to Make Written Representations

109. Tribunal to inform Department

110. Department to provide its case

111. Right to make written representations

112. Department to be notified of holder's representations

113. Written representations

114. Opportunity for additional written representations

115. Tribunal to consider case

Orders in Relation to Sanctions

116. Major violations

117. Minor violations

Enforcement of Sanctions

118. Debts due to Her Majesty

119. Recovery of debts in civil courts

120. Revocation and suspension of licences

Regulations
121. Regulations

PART IV

ADMINISTRATION AND ENFORCEMENT

Administration
Fishery Officers and Fishery Guardians

122. Designation

Inspection

123. Inspection

124. Warrant required to enter dwelling-house

125. Duty to assist fishery officers and fishery guardians

126. Fishing vessels on high seas

Enforcement
Search

127. Warrant

128. Where warrant not necessary

129. Powers during search

130. Entry

Seizure

131. Seizure

132. Release of seized fish

133. Retention of seized things

134. Perishables

135. Return of seized things on deposit of security

Retention of Seized Things

136. Return of seized things where no proceeding begun

Forfeiture and Disposition

137. Proceedings in relation to offence

138. Proceedings in relation to violation

139. Notice of forfeiture

140. Forfeiture where ownership not ascertainable

141. Forfeiture on consent

142. Disposition of forfeited things

143. Return of things not forfeited

Relief from Forfeiture

144. Application by person claiming interest

145. Return where security given

146. Disposition of thing

147. Order by court

148. Ranking of applicants

149. Appeal

150. Application to Minister

151. Discharge of encumbrances

152. Her Majesty not liable for shortfall

Other Enforcement Measures

153. Arrest

Offences and Punishment
Obstruction and False Information

154. Obstruction

155. False statements to fishery officers, etc.

Foreign Fishing Vessels

156. Illegal entry

General Provisions

157. Punishment not otherwise provided for

158. Orders of court

159. Revocation, etc.

160. Additional fine

161. Suspended sentence

Procedure

162. Continuing offences

163. Attorney General of Canada

164. Offences by corporate officers, etc.

165. Offences by employees and agents

166. Offences by fishing vessels

167. Offences committed under licence or lease

168. Burden of proving licence or lease

169. Due diligence defence

170. Limitation period

171. Appeal in proceedings by indictment

Proceedings against Fishing Vessels

172. Appearance of fishing vessel

173. Trial where fishing vessel does not appear

174. Notice of proceedings

175. Fines

176. Enforcement of fine against other fishing vessels

Execution

177. Debt due to Her Majesty

178. Revocation and suspension of licences

179. Variation of orders

180. Offence and punishment

Ticketable Offences

181. Procedure

182. Notice of forfeiture

183. Consequences of payment

Regulations
184. Regulations

REGULATIONS

185. Powers of Governor in Council

CONSEQUENTIAL AMENDMENTS

186. Access to Information Act

187. An Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof

188. Arctic Waters Pollution Prevention Act

189. Coasting Trade Act

190. Contraventions Act

191. Criminal Code

192. Energy Efficiency Act

193. Financial Administration Act

194. Fishing and Recreational Harbours Act

195. Northwest Territories Waters Act

196. Nunavut Act

197. Precious Metals Marking Act

198. Privacy Act

199. Public Sector Compensation Act

200. Public Service Staff Relations Act

201. Public Service Superannuation Act

202. Radiation Emitting Devices Act

203. Textile Labelling Act

204. Yukon Waters Act

REPEALS

205. Atlantic Fisheries Restructuring Act

206. Coastal Fisheries Protection Act

207. Fisheries Act

208. Great Lakes Fisheries Convention Act

209. Fisheries Development Act

210. Pacific Fur Seals Convention Act

CONDITIONAL AMENDMENTS

211. Bill C-84

212. Bill C-98

COMING INTO FORCE

213. Coming into force