Bill C-62
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| Powers on
visit
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(3) In verifying the nationality of a vessel
under this section, a fishery officer may
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Enforcement |
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Search
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| Warrant
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127. (1) A fishery officer with a warrant
issued under subsection (2) may, for the
purpose of seizing any fish or other thing
under section 131, enter and search any place,
including any premises, vessel or vehicle, in
which the officer believes on reasonable
grounds there is
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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 that there are
reasonable grounds to believe that there is
being carried on in any place any project,
activity, work or undertaking referred to in
paragraph (1)(a) or that there is any fish or
other thing referred to in paragraph (1)(b) may
issue a warrant authorizing the fishery officer
named in it to enter the place and search for
and seize the fish or other thing, subject to any
conditions that may be specified in the
warrant.
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| Where
warrant not
necessary
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128. A fishery officer may exercise the
powers referred to in section 127 without a
warrant if the conditions for obtaining a
warrant exist but, by reason of exigent circum
stances, it would not be practical to obtain a
warrant.
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| Powers during
search
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129. In carrying out a search of a place
under section 127 or 128, a fishery officer may
exercise the powers described in section 123.
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| Entry
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130. A fishery officer or fishery guardian or
any person acting under the authority of a
fishery officer or fishery guardian may, while
carrying out an inspection or search under this
Act, enter on and pass through or over private
property without being liable for trespass or
without the owner of the property having the
right to object to that use of the property.
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Seizure
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| Seizure
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131. A fishery officer or fishery guardian
may seize
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| Release of
seized fish
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132. Notwithstanding sections 133 to 152,
a fishery officer or fishery guardian who
seizes any fish under this Act may, at the time
of the seizure or within a reasonable time
thereafter, return to the water any fish that the
officer or guardian believes to be alive.
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| Detention of
seized things
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133. (1) A fishery officer or fishery guard
ian who seizes any fish or other thing under
this Act may detain it or deliver it into the
custody of any person the officer or guardian
considers appropriate.
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| Examination
or delivery
into custody
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(2) A person who is given custody of any
fish or other thing under subsection (1) shall,
on the request of a fishery officer or fishery
guardian at any reasonable time, make the fish
or thing available for inspection by, or deliver
it into the custody of, the officer or guardian.
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| Perishables
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134. A fishery officer or fishery guardian
who has custody of any fish or other thing
seized under this Act that is perishable or
susceptible to deterioration may dispose of it
in the prescribed manner, and where such a
disposition has occurred, a reference to a fish
or other thing in sections 135 to 139, 142 to
144, 148 and 150 includes the proceeds of
disposition of that fish or other thing.
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| Return of
seized things
on deposit of
security
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135. (1) Subject to section 132, the court, in
the case of proceedings for an offence under
this Act, or a Tribunal, in the case of
proceedings in relation to a violation, may
order that any fish or other thing that is seized
under this Act and that has not been forfeited
be returned to the holder or, where there is no
holder, to the owner or the person from whom
it was seized, if security is given to Her
Majesty in right of Canada in a form and
amount that is satisfactory to the court or the
Tribunal, as the case may be.
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| References
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(2) Where security has been given under
subsection (1), a reference to a fish or other
thing in sections 136 to 139, 142 to 144, 148
and 150 includes the security given for that
fish or thing, and a reference in subsection
143(1) to the holder, owner or other person
from whom the fish or other thing was seized
shall be read as a reference to the person who
gave the security for the fish or other thing.
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Detention of Seized Things
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| Return of
seized things
where no
proceeding
begun
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136. (1) Subject to this section and section
132, any fish or other thing seized under this
Act shall, within a period of ninety days after
the day of the seizure, be returned to the holder
or, where there is no holder, to the owner or the
person from whom it was seized.
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| Seized things
detained
where
proceeding
begun
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(2) Any fish or other thing referred to in
subsection (1) may be detained until it is
forfeited or the proceeding is finally con
cluded, if, before the expiration of the period
referred to in that subsection, proceedings are
commenced in relation to an offence under
this Act or to a violation.
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| Order to
extend
detention of
things seized
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(3) Where the court or Tribunal, as the case
may be, is satisfied, on the application of the
Minister, in the case of proceedings with
respect to an offence, or a case presentation
officer, in the case of proceedings with respect
to a violation, within the period referred to in
subsection (1), that detention of the fish or
thing for a longer period is justified in the
circumstances, the court or Tribunal may
make an order permitting the fish or thing to
be detained for any further period that may be
specified by it.
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Forfeiture and Disposition
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| Proceedings
in relation to
offence
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137. (1) Where a person or fishing vessel is
convicted of an offence under this Act, the
court shall, in addition to any other punish
ment imposed, order the forfeiture to Her
Majesty in right of Canada of any fish that was
seized under this Act and that was caught,
killed, processed, landed, transported, pur
chased, sold or possessed in contravention of
this Act, the regulations, a fisheries manage
ment order, a lease or a condition of a licence.
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| Forfeiture of
things used to
commit
offence
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(2) Where a person or fishing vessel is
convicted of an offence under this Act, the
court may, in addition to any other punishment
imposed, order the forfeiture to Her Majesty in
right of Canada of any thing that was seized
under this Act and that was obtained by or used
in the commission of the offence.
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| Forfeiture
where no
conviction
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(3) Where a person or fishing vessel is not
convicted of an offence under this Act, the
court may nevertheless order the forfeiture to
Her Majesty in right of Canada of any fish that
was seized under this Act and that is estab
lished to have been caught, killed, processed,
landed, transported, purchased, sold or pos
sessed in contravention of this Act, the
regulations, a fisheries management order, a
lease or a condition of a licence.
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| Proceedings
in relation to
violation
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138. (1) The Tribunal, on allowing a
proceeding with respect to a major violation or
confirming the assessment of a monetary
penalty for a minor violation, shall order the
forfeiture to Her Majesty in right of Canada of
any fish that was seized under this Act and that
was caught, killed, processed, landed, trans
ported, purchased, sold or possessed in con
travention of this Act, the regulations, a
fisheries management order, a lease or a
condition of a licence.
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| Forfeiture of
things used to
commit
violation
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(2) The Tribunal, on allowing a proceeding
with respect to a major violation, may order
the forfeiture to Her Majesty in right of
Canada of any thing that was seized under this
Act and that was obtained by or used in the
commission of the major violation.
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| Forfeiture
where
proceedings
dismissed
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(3) The Tribunal, on dismissing a proceed
ing referred to in subsection (1), may never
theless order the forfeiture to Her Majesty in
right of Canada of any fish that was seized
under this Act and that is established to have
been caught, killed, processed, landed, trans
ported, purchased, sold or possessed in con
travention of this Act, the regulations, a
fisheries management order, a lease or a
condition of a licence.
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| Notice of
forfeiture
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139. Where a thing that is forfeited in
relation to an offence or a violation is a fishing
vessel, the Minister or a case presentation
officer, respectively, shall within thirty days
after the forfeiture give notice of the forfeiture
to the owner of the fishing vessel, a person
holding any maritime lien against the fishing
vessel and a person holding any like interest,
known to the Minister or the case presentation
officer at the time the notice is given.
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| Forfeiture
where
ownership not
ascertainable
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140. (1) Subject to section 132, where the
ownership of any fish or other thing seized
under this Act cannot be ascertained at the
time of the seizure, the fish or thing is
thereupon forfeited to Her Majesty in right of
Canada.
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| Exception
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(2) Notwithstanding section 142, any fish
ing gear or equipment that is forfeited under
subsection (1) may be disposed of immediate
ly on its forfeiture, in such a manner as the
Minister directs.
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| Forfeiture on
consent
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141. (1) Where the person from whom any
fish was seized under this Act consents to its
forfeiture, the fish is thereupon forfeited to
Her Majesty in right of Canada.
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| Disposition of
forfeited fish
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(2) Any fish that is forfeited under subsec
tion (1) may be disposed of immediately on its
forfeiture, in such a manner as the Minister
directs.
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| Disposition of
forfeited
things
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142. Subject to sections 144 to 152, any fish
or other thing forfeited under this Act shall be
disposed of after the final conclusion of the
proceedings in relation to the forfeiture, in
such a manner as the Minister directs.
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| Return of
things not
forfeited
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143. (1) Subject to subsection (2), any fish
or other thing that is seized under this Act and
that is not forfeited shall, after the final
conclusion of the proceedings in relation to
the fish or thing, be returned to the holder, or
where there is no holder, to the owner or the
person from whom the fish or thing was
seized.
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| Exception
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(2) A fish or other thing that is seized in
connection with the commission of an offence
or violation may be
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Relief from Forfeiture
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| Application
by person
claiming
interest
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144. (1) Where any thing, other than fishing
gear or equipment that has been disposed of
pursuant to subsection 140(2) or fish, is
forfeited, any person who claims an interest in
the thing may, within sixty days after the
forfeiture, apply for an order under section
147 to the superior court of the province in
which the seizure took place or that has
jurisdiction with respect to the seizure pur
suant to section 9 of the Canadian Laws
Offshore Application Act.
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| Extension
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(2) On the application of any person entitled
to make an application under subsection (1),
the court may extend the period within which
the person may make an application under that
subsection by any amount of time the court
considers appropriate.
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| Date of
hearing
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(3) A day not less than thirty days after the
date of filing of the application under subsec
tion (1) shall be fixed for the hearing of the
application.
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| Notice
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(4) The applicant shall serve a notice of the
application under subsection (1) and of the
hearing of it on the Attorney General of
Canada at least fifteen days before the day
fixed for the hearing.
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| Return where
security given
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145. The Minister may, at any time after an
application has been made under section 144,
order the thing seized to be returned to the
applicant if security is given to Her Majesty in
right of Canada in a form and amount that is
satisfactory to the Minister.
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| Disposition of
thing
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146. (1) Notwithstanding that an applica
tion has been made under section 144 in
respect of a thing, the Minister may, by
motion, request the authorization of the court
to dispose of the thing, and with that autho
rization may order that the thing be disposed
of.
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| Notice of
application
for
authorization
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(2) Where the Minister makes a request
under subsection (1), the Minister shall give
notice of the request and of the hearing of it at
least thirty days before the day fixed for the
hearing to every person who, to the knowledge
of the Minister, has an interest in the thing and,
where the thing is a fishing vessel, to the
owner of the vessel and to every person
referred to in section 139.
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| Authoriza- tion
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(3) The court may grant the authorization
referred to in subsection (1) where, in its
opinion, the thing is deteriorating.
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| Proceeds of
disposition
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(4) The Minister shall hold the proceeds of
disposition of the thing until any claim under
section 144 in respect of the thing has been
finally disposed of.
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| Order by
court
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147. On receipt of an application under
section 144, where it is made to appear to the
satisfaction of the court
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the court shall make an order declaring that the
applicant's interest is not affected by the for
feiture and declaring the nature and value of
that interest.
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| Ranking of
applicants
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148. Where there is more than one person
who claims an interest in a thing, a court
hearing an application under section 144 with
respect to the thing may, on application by the
Attorney General of Canada or any of those
persons, determine the rank of the interests of
the persons.
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| Appeal
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149. The applicant or the Attorney General
of Canada may appeal from an order made
under section 147 to the court of appeal of the
province in which the order was made, and the
appeal shall be asserted, heard and decided
according to the ordinary procedure govern
ing appeals to that court from orders or
judgments of a judge.
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| Application to
Minister
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150. (1) Subject to this section, the Minister
shall, on application made by any person who
has obtained an order pursuant to section 147
that is a final order,
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| Exception
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(2) A thing directed to be returned under
paragraph (1)(a) or an amount directed to be
paid under paragraph (1)(b) may be detained
until any fine, monetary penalty or amount
that constitutes a debt due to Her Majesty in
right of Canada under subsection 118(1) or
177(1) in relation to the offence or violation is
paid.
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| Liens against
fishing vessels
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(3) If the thing directed to be returned under
paragraph (1)(a) is a fishing vessel, a lien
attaches to the fishing vessel for the fine,
monetary penalty or amount referred to in
subsection (2), 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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| Discharge of
encumbrances
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151. A court may, on ex parte application of
the Minister, make an order directing the
registrar to register a discharge of any interest
recorded against a thing the title to which is
required to be registered and that is disposed
of under this Act, where the court is satisfied
that any person in whose favour the interest
was registered was given notice in accordance
with subsection 146(2).
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| Her Majesty
not liable for
shortfall
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152. Her Majesty in right of Canada is not
liable for any difference between the proceeds
of disposition of any thing disposed of under
this Act and the fair market value of the thing.
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Other Enforcement Measures
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| Arrest
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153. (1) Any fishery officer, fishery guard
ian or peace officer may arrest without
warrant a person or fishing vessel who that
officer or guardian believes, on reasonable
grounds, has committed an offence against
this Act or who the officer or guardian finds
committing or preparing to commit an offence
against this Act.
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| Use of force
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(2) A fishery officer or fishery guardian
may, in the manner and to the extent pre
scribed, use force that is intended or is likely
to disable a foreign fishing vessel, if the
fishery officer or fishery guardian
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