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Port State Measures Agreement Implementation Act (S.C. 2015, c. 18)

Assented to 2015-06-18

Port State Measures Agreement Implementation Act

S.C. 2015, c. 18

Assented to 2015-06-18

An Act to amend the Coastal Fisheries Protection Act

SUMMARY

This enactment amends the Coastal Fisheries Protection Act to implement the Port State Measures Agreement, to prohibit the importation of fish caught and marine plants harvested in the course of illegal, unreported and unregulated fishing and to clarify certain powers in respect of the administration and enforcement of the Act.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

ALTERNATIVE TITLE

Marginal note:Alternative title

 This Act may be cited as the Port State Measures Agreement Implementation Act.

R.S., c. C-33COASTAL FISHERIES PROTECTION ACT

Marginal note:1999, c. 19, s. 1(4)
  •  (1) The definitions “Agreement”, “fishing vessel of a participating state” and “participating state” in subsection 2(1) of the Coastal Fisheries Protection Act are repealed.

  • (2) The definitions “fish” and “fishing vessel” in subsection 2(1) of the Act are replaced by the following:

    “fish”

    « poisson »

    “fish” includes

    • (a) any part or derivative of a fish,

    • (b) shellfish, crustaceans, marine animals and any part or derivative of any of them, and

    • (c) the eggs, sperm, spawn, larvae, spat or juvenile stages, as the case may be, of fish, shellfish, crustaceans and marine animals;

    “fishing vessel”

    « bateau de pêche »

    “fishing vessel” means any of the following:

    • (a) a ship, boat or any other description of vessel that is used in or equipped for

      • (i) fishing, processing fish or transporting fish from fishing grounds,

      • (ii) taking, processing or transporting marine plants, or

      • (iii) provisioning, servicing, repairing or maintaining any vessels of a foreign fishing fleet while at sea,

    • (b) a ship, boat or any other description of vessel that is used in transhipping fish, or marine plants, that have not been previously landed;

  • (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    “fisheries management organization”

    « organisation de gestion des pêches »

    “fisheries management organization” means an organization or arrangement established by two or more states, or by one or more states and an organization of states, for the purpose of the conservation and management of fish stocks in the sea or any area of the sea;

    “fishing vessel of a state party to the Fish Stocks Agreement”

    « bateau de pêche d’un État assujetti à l’Accord sur les stocks de poissons »

    “fishing vessel of a state party to the Fish Stocks Agreement” means a foreign fishing vessel that is entitled to fly the flag of a state party to the Fish Stocks Agreement;

    “Fish Stocks Agreement”

    « Accord sur les stocks de poissons »

    “Fish Stocks Agreement” means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, adopted by the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks in New York on August 4, 1995;

    “flag state”

    « État du pavillon »

    “flag state” means the state whose flag a fishing vessel is entitled to fly;

    “marine plant”

    « plante marine »

    “marine plant” means a saltwater plant, including benthic and detached algae, flowering plants, brown algae, red algae, green algae and phytoplankton, and any part or derivative of a saltwater plant;

    “Port State Measures Agreement”

    « Accord sur les mesures de l’État du port »

    “Port State Measures Agreement” means the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, approved by the Conference of the Food and Agriculture Organization of the United Nations in Rome on November 22, 2009;

    “state party to the Fish Stocks Agreement”

    « État assujetti à l’Accord sur les stocks de poissons »

    “state party to the Fish Stocks Agreement” means a foreign state or an organization of foreign states that is prescribed by regulation;

Marginal note:1999, c. 19, s. 2

 The portion of section 5.3 of the Act before paragraph (a) is replaced by the following:

Marginal note:Prohibition — Fish Stocks Agreement

5.3 No fishing vessel of a state party to the Fish Stocks Agreement shall, in an area of the sea designated under subparagraph 6(e)(ii),

 The Act is amended by adding the following after section 5.5:

PROHIBITED IMPORT

Marginal note:Prohibition — importation
  • 5.6 (1) No person shall import any fish or marine plant knowing it to have been taken, harvested, possessed, transported, distributed or sold contrary to any of the following:

    • (a) an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement;

    • (b) any conservation or management measures of a fisheries management organization of which Canada is not a member that is prescribed by regulation;

    • (c) a law related to fisheries of a foreign state.

  • Marginal note:Prohibition — other

    (2) No person shall, in connection with the importation of any fish or marine plant, transport, sell, distribute, buy or accept the delivery of the fish or marine plant knowing that it was taken, harvested, possessed, transported, distributed or sold contrary to any of the following:

    • (a) an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement;

    • (b) any conservation or management measures of a fisheries management organization of which Canada is not a member that is prescribed by regulation;

    • (c) a law related to fisheries of a foreign state.

  • Marginal note:Prohibition — importation

    (3) No person shall import any fish or marine plant that is not accompanied by the documentation required by regulation.

  •  (1) Paragraph 6(a) of the Act is amended by striking out “or” at the end of subparagraph (i), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

    • (iii) foreign fishing vessels that have been ordered to proceed to a Canadian port by their flag state, or foreign fishing vessels that have been ordered to proceed to a port by their flag state and that proceed to a Canadian port, to enter Canadian fisheries waters for any purpose related to verifying compliance with a law related to fisheries of a foreign state, with any conservation or management measures of a fisheries management organization or with any international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement;

  • (2) Section 6 of the Act is amended by adding the following after paragraph (b.3):

    • (b.31) prescribing a fisheries management organization of which Canada is not a member for the purposes of paragraphs 5.6(1)(b) and (2)(b);

  • (3) Section 6 of the Act is amended by adding the following after paragraph (d):

    • (d.1) respecting documentation required for the importation of fish and marine plants;

  • Marginal note:1999, c. 19, s. 3(2)

    (4) The portion of paragraph 6(e) of the Act before subparagraph (ii) is replaced by the following:

    • (e) for the implementation of the Fish Stocks Agreement, including regulations

      • (i) incorporating by reference, or carrying out and giving effect to, any conservation or management measures, as of a fixed date or as they are amended from time to time, of a regional fisheries management organization or arrangement established by two or more states, or by one or more states and an organization of states, for the purpose of the conservation or management of a straddling fish stock or highly migratory fish stock, and designating from among the measures incorporated by reference or regulations made under this subparagraph those the contravention of which is prohibited by paragraph 5.3(a),

  • Marginal note:1999, c. 19, s. 3(2)

    (5) Subparagraphs 6(e)(iii) and (iv) of the Act are replaced by the following:

    • (iii) setting out the circumstances in which a person engaged or employed in the administration or enforcement of this Act may exercise, in a manner consistent with the Fish Stocks Agreement and the measures incorporated by reference and the regulations made under subparagraph (i), the powers conferred by or under this Act and setting out any procedures to be followed in doing so,

    • (iv) empowering the Minister to authorize a state party to the Fish Stocks Agreement to take enforcement action in respect of a Canadian fishing vessel,

  • Marginal note:1999, c. 19, s. 3(2)

    (6) Subparagraphs 6(e)(vi) and (vii) of the Act are replaced by the following:

    • (vi) permitting Her Majesty in right of Canada to recover any reasonable costs incurred as a result of the detention in port of a fishing vessel of a state party to the Fish Stocks Agreement, and

    • (vii) prescribing a state party to the Fish Stocks Agreement for the purposes of this Act; and

  • Marginal note:1999, c. 19, s. 3(2)

    (7) Subparagraph 6(f)(i) of the Act is replaced by the following:

    • (i) incorporating by reference, or carrying out and giving effect to, any of those measures as of a fixed date or as they are amended from time to time and designating from among the measures incorporated by reference or regulations made under this subparagraph those the contravention of which is prohibited by section 5.4,

Marginal note:1994, c. 14, s. 4; 1999, c. 19, s. 4

 Sections 7 to 7.1 of the Act are replaced by the following:

Definition of “place”

7. For the purposes of sections 7.1, 7.4, 7.6 and 9, “place” includes

  • (a) a fishing vessel found within Canadian fisheries waters or the NAFO Regulatory Area;

  • (b) any other vehicle, including a vessel or aircraft; and

  • (c) a container.

Marginal note:Entry — any place
  • 7.1 (1) A protection officer may, for a purpose related to verifying compliance with this Act, enter any place in which the protection officer has reasonable grounds to believe that

    • (a) there is any fish, marine plant or other thing in respect of which this Act applies;

    • (b) there has been carried on, is being carried on or is likely to be carried on any activity in respect of which this Act applies; or

    • (c) there are any records, books or other documents, including documents in electronic form, concerning anything referred to in paragraphs (a) and (b).

  • Marginal note:Entry — fishing vessel within Canadian fisheries waters or NAFO Regulatory Area

    (2) Despite subsection (1), a protection officer may board a fishing vessel found within Canadian fisheries waters or the NAFO Regulatory Area for a purpose related to verifying compliance with this Act.

  • Marginal note:Powers on entry

    (3) The protection officer referred to in subsection (1) or (2) may, for a purpose related to verifying compliance with this Act,

    • (a) examine anything in the place;

    • (b) use any means of communication in the place or cause it to be used;

    • (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

    • (d) prepare a document, or cause one to be prepared, based on the data;

    • (e) use any copying equipment in the place or cause it to be used;

    • (f) conduct tests or analyses of anything in the place;

    • (g) take measurements or samples of anything in the place;

    • (h) take photographs or make recordings or sketches of anything in the place;

    • (i) remove anything found in the place;

    • (j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and

    • (k) prohibit or limit access to all or part of the place or to anything in the place.

  • Marginal note:Entry — fishing vessels ordered to port by flag state

    (4) A protection officer may, for a purpose related to verifying compliance with a law related to fisheries of a foreign state, with any conservation or management measures of a fisheries management organization or with an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement, board a foreign fishing vessel that was authorized to enter Canadian fisheries waters under subparagraph 6(a)(iii).

  • Marginal note:Powers on entry

    (5) The protection officer may, for the purpose referred to in subsection (4), exercise the powers referred to in subsection (3) to the extent that the exercise of those powers is authorized by the foreign state or is provided for in the measures, treaty or arrangement in question.

  • Marginal note:Duty to assist

    (6) The owner or person in charge of a place and every person in the place shall give all assistance that is reasonably required to enable a protection officer to perform his or her functions under this section and shall provide any document or information, and access to any data, that is reasonably required for that purpose.

Marginal note:Person accompanying protection officer

7.2 A protection officer may be accompanied by any other person that the protection officer believes is necessary to help him or her perform his or her functions under this Act.

Marginal note:Stopping and detaining vehicle

7.3 A protection officer may, for a purpose related to verifying compliance with this Act, direct that any vehicle, including a fishing vessel found within Canadian fisheries waters or the NAFO Regulatory Area, be stopped and moved to another location and may detain it for a reasonable time. The person in charge of the vehicle shall comply with the directions.

Marginal note:Warrant to enter dwelling place
  • 7.4 (1) If a place is a dwelling place, a protection officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing a protection officer to enter a dwelling place, subject to any conditions specified in the warrant, and authorizing any other person named in the warrant to accompany the protection officer, if the justice is satisfied by information on oath that

    • (a) the dwelling place is a place referred to in section 7.1;

    • (b) entry to the dwelling place is necessary to verify compliance with this Act; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

Marginal note:Enforcement on high seas for unauthorized fishing in Canadian fisheries waters
  • 7.5 (1) If a protection officer has reasonable grounds to believe that a fishing vessel of a state party to the Fish Stocks Agreement or of a state that is party to a treaty or arrangement described in paragraph 6(f) has engaged in unauthorized fishing in Canadian fisheries waters and the vessel is in an area of the sea designated under subparagraph 6(e)(ii) or (f)(ii), the officer may, with the consent of that state, take any enforcement action that is consistent with this Act.

  • Marginal note:Powers not affected in case of pursuit

    (2) Subsection (1) does not affect any powers the protection officer has in the case of a pursuit that began while the vessel was in Canadian fisheries waters.

Marginal note:Search
  • 7.6 (1) A justice, as defined in section 2 of the Criminal Code, who on ex parte application is satisfied by information on oath that there are reasonable grounds to believe that there is in a place any fish, marine plant or other thing that was obtained by or used in, or that will afford evidence in respect of, a contravention of this Act, may issue a warrant authorizing the protection officer named in the warrant to enter and search the place for the fish, marine plant or other thing, subject to any conditions specified in the warrant.

  • Marginal note:Search without warrant

    (2) A protection officer may exercise the powers referred to in subsection (1) without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant.

  • Marginal note:Search — fishing vessels ordered to port by flag state

    (3) A justice, as defined in section 2 of the Criminal Code, on ex parte application by a protection officer, may issue a warrant authorizing the protection officer named in the warrant to board a foreign fishing vessel that was authorized to enter Canadian fisheries waters under subparagraph 6(a)(iii) and search the vessel, or to enter any other place and search the other place, for any fish, marine plant or other thing, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

    • (a) there are reasonable grounds to believe that there is in the vessel any fish, marine plant or other thing that was obtained by or used in, or that will afford evidence in respect of, a contravention of a law related to fisheries of a foreign state, any conservation or management measures of a fisheries management organization or an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement, or there is in the other place any such fish, marine plant or other thing and that fish, marine plant or other thing is from the vessel; and

    • (b) the vessel’s flag state does not object to the search of the vessel.

  • Marginal note:Presumption

    (4) The foreign fishing vessel’s flag state is deemed to not object to the search if the protection officer has informed the flag state of his or her intention to apply for the warrant referred to in subsection (3) and the flag state has not communicated its objection within the period prescribed by regulation.

  •  (1) Paragraph 9(b) of the Act is replaced by the following:

    • (b) any goods aboard a fishing vessel described in paragraph (a) or in any other place, including fish, marine plants, tackle, rigging, apparel, furniture, stores and cargo; or

  • (2) Paragraph 9(c) of the French version of the Act is replaced by the following:

    • c) à la fois le bateau de pêche et les biens visés à l’alinéa b).

  • (3) Section 9 of the Act is renumbered as subsection 9(1) and is amended by adding the following:

    • Marginal note:Seizure — fishing vessels ordered to port by flag state

      (2) A justice, as defined in section 2 of the Criminal Code, on ex parte application by a protection officer, may issue a warrant authorizing the protection officer named in the warrant to seize any fish, marine plant or other thing in a foreign fishing vessel that was authorized to enter Canadian fisheries waters under subparagraph 6(a)(iii) or in any other place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

      • (a) there are reasonable grounds to believe that there is in the vessel any fish, marine plant or other thing that was obtained by or used in, or that will afford evidence in respect of, a contravention of a law related to fisheries of a foreign state, any conservation or management measures of a fisheries management organization or an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement, or there is in the other place any such fish, marine plant or other thing and that fish, marine plant or other thing is from the vessel; and

      • (b) the vessel’s flag state does not object to the seizure.

    • Marginal note:Presumption

      (3) The foreign fishing vessel’s flag state is deemed to not object to the seizure if the protection officer has informed the flag state of his or her intention to apply for the warrant and the flag state has not communicated its objection within the period prescribed by regulation.

    • Marginal note:Notice

      (4) Before issuing a warrant under subsection (2), the justice may require that notice of the application be given to any person who has an interest in the application in order to allow that person the opportunity to make representations.

 Sections 11 to 13 of the Act are replaced by the following:

Marginal note:Disposition

11. If any fish, marine plant or other thing that is perishable or susceptible to deterioration is seized under section 9, the protection officer or other person having the custody of the thing may dispose of it in any manner that he or she considers appropriate and any proceeds shall be paid to the Receiver General or deposited in a bank to the credit of the Receiver General.

Marginal note:Return — things seized under subsection 9(1)
  • 12. (1) Any fishing vessel or goods seized under subsection 9(1) or the proceeds realized from a sale of the vessel or goods under section 11 shall be returned or paid to the person from whom the fishing vessel or goods were seized if the Minister decides not to institute a prosecution in respect of an offence under this Act and, in any event, shall be so returned or paid on the expiry of three months after the day on which the seizure is made unless before that time proceedings in respect of the offence are instituted.

  • Marginal note:Return or payment subject to section 16.7

    (2) In any event, the return of the fishing vessel or goods or the payment of the proceeds from the sale of the fishing vessel or goods are subject to section 16.7.

  • Marginal note:Order to extend period of detention

    (3) A court may, by order, permit the vessel or goods seized under subsection 9(1) or the proceeds realized from a sale of the vessel or goods under section 11 to be detained for any further period that may be specified in the order if the Minister makes a request to that effect before the end of the period of detention in question and if the court is satisfied that it is justified in the circumstances.

Marginal note:Return — things seized under subsection 9(2)
  • 12.1 (1) Subject to section 16.7, any fish, marine plant or other thing seized under subsection 9(2) or the proceeds realized from a sale of the fish, marine plant or other thing under section 11 shall be returned or paid to the person from whom the fish, marine plant or other thing was seized on the expiry of three months after the day on which the seizure is made unless before that time an application referred to in subsection 16.01(1) is filed.

  • Marginal note:Order to extend period of detention

    (2) A court may, by order, permit the fish, marine plant or other thing seized under subsection 9(2) or the proceeds realized from a sale of the fish, marine plant or other thing under section 11 to be detained for any further period that may be specified in the order if the Minister makes a request to that effect before the end of the period of detention in question and if the court is satisfied that it is justified in the circumstances.

Marginal note:Redelivery pending proceedings

13. If a fishing vessel or goods have been seized under subsection 9(1) and proceedings in respect of an offence under this Act have been instituted, the court or judge may, with the consent of the protection officer who made the seizure, order redelivery of the fishing vessel or goods to the person from whom the fishing vessel or goods were seized on security by bond, with two sureties, in an amount and form satisfactory to the Minister, being given to Her Majesty.

 Paragraphs 14(a) to (c) of the Act are replaced by the following:

  • (a) any fishing vessel seized under paragraph 9(1)(a) by means of or in relation to which the offence was committed, or, if the vessel has been sold, the proceeds of the sale,

  • (b) any goods aboard a fishing vessel described in paragraph (a), including fish, marine plants, tackle, rigging, apparel, furniture, stores and cargo, or, if any of the goods have been sold under section 11, the proceeds of the sale,

  • (b.1) any goods seized under paragraph 9(1)(b) in any other place, including fish, marine plants, tackle, rigging, apparel, furniture, stores and cargo, by means of or in relation to which the offence was committed, or that were obtained by or used in the commission of the offence, or, if any of the goods have been sold under section 11, the proceeds of the sale, or

  • (c) any fishing vessel described in paragraph (a), or the proceeds of the sale of the vessel, and any of the goods described in paragraph (b) or (b.1), or the proceeds of the sale of the goods,

 Subsection 16(1) of the Act is replaced by the following:

Marginal note:Return if no forfeiture ordered
  • 16. (1) If a fishing vessel or goods have been seized under subsection 9(1) and proceedings in respect of an offence under this Act have been instituted, but the fishing vessel or goods or any proceeds realized from a sale of the fishing vessel or goods under section 11 are not ordered to be forfeited at the final conclusion of the proceedings, they shall, subject to subsection (2) and to section 16.7, be returned or the proceeds shall be paid to the person from whom the fishing vessel or goods were seized.

 The Act is amended by adding the following after section 16:

Marginal note:Forfeiture — seizure under subsection 9(2)
  • 16.01 (1) A justice, as defined in section 2 of the Criminal Code, on ex parte application by a protection officer, may order the forfeiture to Her Majesty in right of Canada of any fish, marine plant or other thing seized under subsection 9(2) or of the proceeds realized from a sale under section 11 of that fish, marine plant or other thing, if the justice is satisfied by information on oath that

    • (a) there are reasonable grounds to believe that the fish, marine plant or other thing was obtained by or used in, or will afford evidence in respect of, a contravention of a law related to fisheries of a foreign state, any conservation or management measures of a fisheries management organization or an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement; and

    • (b) the foreign fishing vessel’s flag state does not object to the forfeiture.

  • Marginal note:Presumption

    (2) The foreign fishing vessel’s flag state is deemed to not object to the forfeiture if the protection officer has informed the flag state of his or her intention to request the forfeiture and the flag state has not communicated its objection within the period prescribed by regulation.

  • Marginal note:Notice

    (3) Before making the order, the justice may require that notice of the application be given to any person who has an interest in the application in order to allow that person the opportunity to make representations.

  • Marginal note:Disposal

    (4) Once forfeited, the fish, marine plant or other thing shall be disposed of as the Minister directs.

  • Marginal note:Return if no forfeiture ordered

    (5) Any fish, marine plant or other thing seized under subsection 9(2) or the proceeds realized from a sale of the fish, marine plant or other thing under section 11 that are not ordered to be forfeited shall, subject to section 16.7, be returned, or the proceeds shall be paid, to the person from whom the fish, marine plant or other thing was seized.

Marginal note:1999, c. 19. s. 8

 The portion of section 16.1 of the Act before paragraph (b) is replaced by the following:

Marginal note:Protection officer’s powers

16.1 Any power conferred on a protection officer by or under this Act may be exercised by the officer

  • (a) subject to section 16.2 and to any regulation made under subparagraph 6(e)(iii), in respect of a fishing vessel of a state party to the Fish Stocks Agreement that is found in an area of the sea designated under subparagraph 6(e)(ii);

Marginal note:1999, c. 19. s. 8

 Section 16.2 of the Act is replaced by the following:

Marginal note:Protection officer’s powers
  • 16.2 (1) A protection officer may, in an area of the sea designated under subparagraph 6(e)(ii), for a purpose related to verifying compliance with section 5.3 and any regulations made under subparagraph 6(e)(i), board a fishing vessel of a state party to the Fish Stocks Agreement and exercise the powers referred to in subsection 7.1(3).

  • Marginal note:Search

    (1.1) If the protection officer has reasonable grounds to believe that the fishing vessel has contravened section 5.3, the officer may, with a warrant issued under section 7.6 or without a warrant in exigent circumstances, search the fishing vessel and exercise the power under subsection 9(1) to seize evidence.

  • Marginal note:Notice

    (2) If the protection officer has reasonable grounds to believe that the fishing vessel has contravened section 5.3, the officer shall without delay inform the state party to the Fish Stocks Agreement.

  • Marginal note:Consent

    (3) In addition to the powers referred to in subsections (1) and (1.1), a protection officer may, with the consent of the state party to the Fish Stocks Agreement, exercise any powers referred to in section 16.1. The officer is deemed to have received the consent of the state if the state has not responded within the period prescribed by regulation or has responded but is not fully investigating the alleged contravention.

Marginal note:Forfeiture — treaty or arrangement
  • 16.3 (1) A justice, as defined in section 2 of the Criminal Code, on ex parte application by a protection officer, may order the forfeiture to Her Majesty in right of Canada of any fish or marine plant detained by a protection officer if the justice is satisfied by information on oath that

    • (a) the detention of the fish or marine plant is consistent with an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement;

    • (b) the forfeiture of the fish or marine plant is consistent with the treaty or arrangement; and

    • (c) the foreign fishing vessel’s flag state has not provided the Minister, within the time period required by the treaty or arrangement, with the information required by the treaty or the arrangement to prevent the forfeiture.

  • Marginal note:Notice

    (2) Before making the order, the justice may require that notice of the application be given to any person who has an interest in the application in order to allow that person the opportunity to make representations.

  • Marginal note:Disposal

    (3) Once forfeited, the fish or marine plant shall be disposed of as directed by the Minister.

INFORMATION

Marginal note:Disclosure

16.4 The Minister may disclose to a foreign fishing vessel’s flag state, to the state of nationality of the foreign fishing vessel’s master or to a coastal state, fisheries management organization, organization of states or international organization information that relates to any of the following:

  • (a) a refusal to authorize the foreign fishing vessel to enter Canadian fisheries waters;

  • (b) a suspension, amendment or cancellation of an authorization granted to the foreign fishing vessel;

  • (c) a change to a decision referred to in paragraph (a) or (b);

  • (d) the outcome of any proceeding relating to a decision referred to in any of paragraphs (a) to (c);

  • (e) an inspection report in respect of the foreign fishing vessel;

  • (f) an enforcement action taken by a protection officer in respect of the foreign fishing vessel.

Marginal note:Measures — Canadian fishing vessel

16.5 The Minister may disclose to a party to the Port State Measures Agreement, coastal state, fisheries management organization or international organization information relating to any measure that is taken under the Fisheries Act in respect of a Canadian fishing vessel in response to a measure that is taken, in respect of that vessel, by another state under the Port State Measures Agreement .

Marginal note:Canada Border Services Agency

16.6 For a purpose related to verifying compliance with this Act, the Minister may disclose to the Canada Border Services Agency information relating to the importation of any fish or marine plant.

Marginal note:Sending abroad
  • 16.7 (1) A justice, as defined in section 2 of the Criminal Code, on ex parte application by a protection officer, may order that anything seized under this Act be sent to a foreign state if the justice is satisfied by information on oath that the foreign state has requested that the thing be sent to it for the purpose of administering or enforcing its laws.

  • Marginal note:Terms and conditions

    (2) The justice may include in the order any terms and conditions that he or she considers appropriate, including those that are necessary to give effect to the request and those that relate to the preservation and return to Canada of the thing or the protection of the interests of third parties.

  • Marginal note:Requirement to bring before justice

    (3) The justice may require that the thing be brought before him or her.

  • Marginal note:Notice

    (4) Before making the order, the justice may require that notice of the application be given to any person who has an interest in the application in order to allow that person the opportunity to make representations.

Marginal note:1999, c. 19, s. 9

 Paragraph 17(2)(a) of the Act is replaced by the following:

  • (a) a state party to the Fish Stocks Agreement if the vessel or official, as the case may be, is acting in the performance of their duties in relation to the Fish Stocks Agreement; or

Marginal note:1999, c. 19, s. 11
  •  (1) Subsection 18.01(1) of the Act is replaced by the following:

    Marginal note:Proof of offence — Fish Stocks Agreement
    • 18.01 (1) In a prosecution of a fishing vessel of a state party to the Fish Stocks Agreement or a state that is party to a treaty or arrangement described in paragraph 6(f) or of a fishing vessel without nationality for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by a person on board the vessel, whether or not the person is identified or has been prosecuted for the offence.

  • Marginal note:1999, c. 19, s. 11

    (2) Subsection 18.01(2) of the English version of the Act is replaced by the following:

    • Marginal note:Appearance of vessel

      (2) A fishing vessel on which a summons is served shall appear by counsel or agent.

Marginal note:1999, c. 19, s. 11

 Section 18.02 of the Act is replaced by the following:

Marginal note:Fines

18.02 If a fishing vessel of a state party to the Fish Stocks Agreement or a state that is party to a treaty or arrangement described in paragraph 6(f) or a fishing vessel without nationality is convicted of an offence under this Act, the amount of the fine imposed on the vessel is a debt due to Her Majesty in right of Canada owed by the person who, at the time the offence was committed, was lawfully entitled to possession of the vessel, whether as owner or as charterer.

Marginal note:Offence and punishment
  • 18.03 (1) Every person who contravenes subsection 5.6(1) or (2) is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine of not more than $500,000; or

    • (b) on summary conviction, to a fine of not more than $100,000.

  • Marginal note:Subsequent offences

    (2) If a person is convicted of an offence under subsection (1) a subsequent time, the amount of the fine for the subsequent offence may be up to double the amount set out in that subsection.

  • Marginal note:Offence and punishment

    (3) Every person who contravenes subsection 5.6(3) is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine of not more than $500,000; or

    • (b) on summary conviction, to a fine of not more than $100,000.

Marginal note:Additional fine

18.04 If a person is convicted of an offence under this Act and the court is satisfied that, as a result of committing the offence, financial benefits accrued to the person, the court may, despite the maximum amount of any fine that may otherwise be imposed under this Act, order the person to pay an additional fine in an amount equal to the court’s estimation of those benefits.

Marginal note:1999, c. 19, s. 12

 Paragraph 18.1(a.1) of the Act is replaced by the following:

  • (a.1) in an area of the sea designated under subparagraph 6(e)(ii) on board or by means of a fishing vessel of a state party to the Fish Stocks Agreement or of a fishing vessel without nationality;

Marginal note:1994, c. 14, s. 7
  •  (1) The portion of subsection 18.2(1) of the French version of the Act before paragraph (a) is replaced by the following:

    Marginal note:Exercice des pouvoirs d’arrestation, d’entrée, etc.
    • 18.2 (1) Les pouvoirs — arrestation, entrée, perquisition, saisie et autres — pouvant être exercés au Canada à l’égard d’un fait visé à l’article 18.1 peuvent l’être à cet égard et dans les circonstances mentionnées à cet article :

  • Marginal note:1994, c. 14, s. 7

    (2) Subsection 18.2(2) of the French version of the Act is replaced by the following:

    • Marginal note:Pouvoir des tribunaux

      (2) Un juge de paix ou un juge a compétence pour autoriser les mesures d’enquête et autres mesures accessoires à l’égard d’une infraction visée à l’article 18.1, notamment en matière d’arrestation, d’entrée, de perquisition et de saisie, comme si l’infraction avait été perpétrée dans son ressort.

COMING INTO FORCE

Marginal note:Order in council

 This Act comes into force on a day to be fixed by order of the Governor in Council.

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