Coastal Fisheries Protection Act (R.S.C., 1985, c. C-33)

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.

Offences and Punishment

Marginal note:Offences

• 17 (1) Every person is guilty of an offence who

  • (a) being master or in command of a fishing vessel,

    • (i) enters Canadian fisheries waters contrary to this Act, or

    • (ii) without legal excuse, the proof of which lies on that person, fails to bring to when required to do so by any protection officer or on signal of a government vessel;

  • (b) being aboard a fishing vessel, refuses to answer any questions on oath put to that person by a protection officer;

  • (c) after signal by a government vessel to bring to, throws overboard or staves or destroys any part of the vessel’s cargo, outfit or equipment; or

  • (d) resists or wilfully obstructs any protection officer in the execution of the officer’s duty.

• Marginal note:Meaning of government vessel and protection officer

  (2) In subsection (1), government vessel also includes a vessel that belongs to or is in the service of, and protection officer also includes an enforcement official of,

  • (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

  • (b) a state that is party to a treaty or arrangement described in paragraph 6(f) if the vessel or official, as the case may be, is acting in the performance of their duties in relation to the treaty or arrangement.

Marginal note:Offence and punishment

• 18 (1) Every person who contravenes paragraph 4(1)(a), subsection 4(2) or section 5.2 is guilty of an offence and liable

  • (a) on conviction on indictment, to a fine not exceeding seven hundred and fifty thousand dollars; or

  • (b) on summary conviction, to a fine not exceeding one hundred and fifty thousand dollars.

• Marginal note:Offence and punishment

  (2) Every person who contravenes any of paragraphs 4(1)(b) to (e), section 5 or the regulations and every fishing vessel that contravenes any of sections 5.3 to 5.5 or the regulations is guilty of an offence and liable

  • (a) on conviction on indictment, to a fine not exceeding five hundred thousand dollars; or

  • (b) on summary conviction, to a fine not exceeding one hundred thousand dollars.

• Marginal note:Punishment

  (3) Every person who commits an offence under paragraph 17(a), (b) or (c) is liable

  • (a) on conviction on indictment, to a fine not exceeding five hundred thousand dollars; or

  • (b) on summary conviction, to a fine not exceeding one hundred thousand dollars.

• Marginal note:Idem

  (4) Every person who commits an offence under paragraph 17(d) is liable

  • (a) on conviction on indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding two years or to both; or

  • (b) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding six months or to both.

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:Appearance of vessel

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

• Marginal note:Trial if vessel does not appear

  (3) If a fishing vessel does not appear, the court may, on proof of service of the summons, proceed with the trial in the absence of the vessel.

• Marginal note:Proceedings on indictment

  (4) For greater certainty, subsection (3) applies in respect of a trial on an indictment.

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.

Application of Criminal Law

Marginal note:Application of criminal law

18.1 An act or omission that would be an offence under an Act of Parliament if it occurred in Canada is deemed to have been committed in Canada if it occurs, in the course of enforcing this Act,

• (a) in the NAFO Regulatory Area on board or by means of a foreign fishing vessel on board or by means of which a contravention of section 5.2 has been committed;

• (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;

• (a.2) in an area of the sea designated under subparagraph 6(f)(ii) on board or by means of a fishing vessel of a state that is party to a treaty or arrangement referred to in that subparagraph or of a fishing vessel without nationality; or

• (b) in the course of continuing pursuit that commenced while a foreign fishing vessel was in Canadian fisheries waters or the NAFO Regulatory Area.

Marginal note:Exercising powers of arrest, entry, etc.

• 18.2 (1) Every power of arrest, entry, search or seizure or other power that could be exercised in Canada in respect of an act or omission referred to in section 18.1 in the circumstances referred to in that section may be exercised

  • (a) on board the foreign fishing vessel; or

  • (b) where pursuit has been commenced, at any place on the seas, other than a place that is in the territorial sea or internal waters of a state other than Canada.

• Marginal note:Arrest, search, seizure, etc.

  (2) A justice of the peace or judge in any territorial division in Canada has jurisdiction to authorize an arrest, entry, search or seizure or an investigation or other ancillary matter related to an offence referred to in section 18.1 in the same manner as if the offence had been committed in that territorial division.

• Marginal note:Attorney General of Canada

  (3) If an act or omission that is an offence by virtue only of paragraph 18.1(a) or (b) is alleged to have been committed on board or by means of a vessel that is registered or licensed under the laws of a state other than Canada, the powers referred to in subsection (1) may not be exercised outside Canada with respect to that act or omission without the consent of the Attorney General of Canada.

Marginal note:Territorial division

18.3 A proceeding in respect of

• (a) an offence under this Act consisting of a contravention of section 5.2, or

• (b) an offence referred to in section 18.1

that is committed outside Canada may, whether or not the accused is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished for that offence in the same manner as if the offence had been committed in that territorial division.

Marginal note:Attorney General of Canada

18.4 No proceeding in respect of

• (a) an offence under this Act consisting of a contravention of any of sections 5.2 to 5.5,

• (b) an offence referred to in section 18.1, or

• (c) an offence under paragraph 17(1)(d) consisting of resistance to or obstruction of a protection officer in the execution of the officer’s duty in relation to any of sections 5.2 to 5.5

may be commenced without the personal consent in writing of the Attorney General of Canada or the Deputy Attorney General, and such a proceeding may be conducted only by the Attorney General of Canada or counsel acting on his or her behalf.

Marginal note:Proceedings against fishing vessels

18.5 All the provisions of this Act and the Criminal Code or the Fisheries Act and the Criminal Code relating to indictable offences that are applicable to or in respect of persons apply, in their application to indictable offences created by this Act or the Fisheries Act, to or in respect of fishing vessels, with such modifications as the circumstances require, and all the provisions of this Act and the Criminal Code or the Fisheries Act and the Criminal Code relating to summary conviction offences that are applicable to or in respect of persons apply, in their application to all other offences created by this Act or the Fisheries Act, to or in respect of fishing vessels, with such modifications as the circumstances require.