Fisheries Act (R.S.C., 1985, c. F-14)

Indigenous Knowledge of the Indigenous Peoples of Canada

Marginal note:Confidentiality

• 61.2 (1) Any Indigenous knowledge of the Indigenous peoples of Canada that is provided to the Minister under this Act in confidence is confidential and shall not knowingly be, or be permitted to be, disclosed without written consent.

• Marginal note:Exception

  (2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if

  • (a) it is publicly available;

  • (b) the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or

  • (c) the disclosure is authorized in the circumstances set out in the regulations made under paragraph 43(1)(j.1).

• Marginal note:Consultation

  (2.1) Before disclosing Indigenous knowledge under paragraph (2)(b) for the purposes of procedural fairness and natural justice, the Minister shall consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).

• Marginal note:Further disclosure

  (3) The Minister may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice.

• Marginal note:Duty to comply

  (4) The person or entity referred to in subsection (3) shall comply with any conditions imposed by the Minister under that subsection.

• Marginal note:Protection from civil proceeding or prosecution

  (5) Despite any other Act of Parliament, civil or criminal proceedings shall not be brought against Her Majesty in right of Canada, the Minister and any person acting on behalf of or under the direction of the Minister for the full or partial disclosure of the Indigenous knowledge referred to in subsection (1) made in good faith under this Act or for any consequences of the disclosure.

Obstruction and False Information

Marginal note:Obstruction

62 No person shall obstruct or hinder a fishery officer, a fishery guardian or an inspector who is carrying out duties or functions under this Act.

Marginal note:False statements

• 63 (1) No person shall make a false or misleading statement, whether orally or in writing, to an inspector, a fishery officer, a fishery guardian, any authority designated by a fishery officer or a fishery guardian or any authority prescribed under paragraph 38(9)(a) or (b) who is carrying out duties or functions under this Act.

• Marginal note:False statements in licence application

  (2) No person shall make a false or misleading statement, whether orally or in writing, in an application for a lease or licence under this Act.

• Marginal note:False records

  (3) No person shall produce for examination or copying by an inspector, a fishery officer or a fishery guardian or any authority designated by a fishery officer or a fishery guardian any records, books of account or other documents that contain false or misleading information.

64 and 65 [Repealed, 1991, c. 1, s. 18]

66 [Repealed, 2012, c. 19, s. 152]

67 [Repealed, 2012, c. 19, s. 152]

68 [Repealed, 1991, c. 1, s. 20]

69 [Repealed, 2012, c. 19, s. 153]

Disposition of Seized Things

Marginal note:Custody of seized things

• 70 (1) A fishery officer or fishery guardian who seizes any fish or other thing under this Act may retain custody of it or deliver it into the custody of any person the officer or guardian considers appropriate.

• Marginal note:Request by officer or guardian

  (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.

• Marginal note:Perishables

  (3) A fishery officer or fishery guardian who has custody of any fish or other perishable thing seized under this Act may dispose of it in any manner the officer or guardian considers appropriate and any proceeds realized from its disposition shall be paid to the Receiver General.

Marginal note:Detention of seized things

• 71 (1) Subject to this section, any fish or other thing seized under this Act, or any proceeds realized from its disposition, may be detained until the fish or thing or proceeds are forfeited or proceedings relating to the fish or thing are finally concluded.

• Marginal note:Return on deposit of security

  (2) Subject to subsection 72(4), a court may order any fish or other thing seized under this Act to be returned to the person from whom it was seized if security is given to Her Majesty in a form and amount that is satisfactory to the Minister.

• Marginal note:Return where proceedings not instituted

  (3) Subject to subsection 72(4), where proceedings are not instituted in relation to any fish or other thing seized under this Act, the fish or thing or any proceeds realized from its disposition shall be returned to the person from whom it was seized

  • (a) on the Minister’s decision not to institute proceedings; or

  • (b) on the expiration of ninety days after the day of the seizure or any further period that may be specified in an order made under subsection (4).

• Marginal note:Order to extend detention

  (4) A court may, by order, permit the fish or other thing seized or any proceeds realized from its disposition 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 the court is satisfied that the order is justified in the circumstances.

Marginal note:Continued detention not required

• 71.01 (1) If a fishery officer is of the opinion that the continued detention of the fish or thing seized under this Act is no longer required for the purpose of any investigation or any proceeding, the fishery officer may apply to a court for an order under subsection (2).

• Marginal note:Order of forfeiture

  (2) The court may, on application by a fishery officer under subsection (1), order that the fish or thing be forfeited to Her Majesty to be disposed of as the Minister directs if the court is satisfied,

  • (a) that the possession of the fish or thing was unlawful at the time of seizure; or

  • (b) if the thing seized is fishing gear or equipment,

    • (i) that it was found in Canadian fisheries waters or in any portion of the continental shelf of Canada that is beyond the limits of Canadian fisheries waters,

    • (ii) that there are reasonable grounds to believe that the fishing gear or equipment is foreign or that it was placed there by a foreign fishing vessel, as defined in subsection 2(1) of the Coastal Fisheries Protection Act, and

    • (iii) that there is no lease, licence nor other authorization under this Act for their use in those waters or in any portion of that continental shelf of Canada, as the case may be.

• Marginal note:Notice of application

  (3) The court may, before making an order under subsection (2), require that notice of the application be sent to the following persons, as the case may be:

  • (a) the person from whom the fish or thing was seized, if known;

  • (b) the person who appears to be the owner of the fishing gear or equipment, if applicable; or

  • (c) any other person whom the court designates as a person who has an interest in the application.

• Marginal note:Appearance before court

  (4) The court shall provide any person to whom notice is sent an opportunity to appear before the court and establish that he or she is lawfully entitled to the possession of the fish or thing.

• Marginal note:Forfeiture or return

  (5) After the hearing, the court may, as the court considers appropriate in the circumstances, order the forfeiture of the fish or thing under subsection (2) or their return.

Marginal note:Recovery of costs

• 71.1 (1) Where a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed, order the person to pay the Minister an amount of money as compensation for any costs incurred in the seizure, storage or disposition of any fish or other thing seized under this Act by means of or in relation to which the offence was committed.

• Marginal note:Debt due to Her Majesty

  (2) Where a court orders a person to pay an amount of money as compensation under subsection (1), the amount and any interest payable on that amount constitute a debt due to Her Majesty and may be recovered as such in any court of competent jurisdiction.

Marginal note:Forfeiture of things

• 72 (1) Where a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed, order that any thing seized under this Act by means of or in relation to which the offence was committed, or any proceeds realized from its disposition, be forfeited to Her Majesty.

• Marginal note:Forfeiture of fish

  (2) Where a person is convicted of an offence under this Act that relates to fish seized pursuant to paragraph 51(a), the court shall, in addition to any punishment imposed, order that the fish, or any proceeds realized from its disposition, be forfeited to Her Majesty.

• Marginal note:Forfeiture of fish — other cases

  (3) If a person is charged with an offence under this Act that relates to fish seized under paragraph 51(a) and the person is acquitted or discharged absolutely or conditionally, or the court orders a stay of the proceedings but it is proved that the fish was caught, possessed, sold, purchased, traded, bartered, imported or exported in contravention of this Act or the regulations, the court may order that the fish, or any proceeds realized from its disposition, be forfeited to Her Majesty.

• Marginal note:Forfeiture where ownership not ascertainable

  (4) 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.

Marginal note:Disposal of forfeited things

• 73 (1) Subject to sections 75 to 77, any fish or other thing forfeited to Her Majesty under subsection 72(1), (2) or (3) shall be disposed of after the final conclusion of the proceedings relating to the fish or thing, as the Minister directs.

• Marginal note:Disposal where ownership not ascertained

  (2) Subject to sections 75 to 77, any fish or other thing forfeited to Her Majesty under subsection 72(4) shall be disposed of after the expiration of thirty days from the day of forfeiture, as the Minister directs.

• Marginal note:Exception

  (3) Notwithstanding subsection (2), where any fishing gear or equipment is forfeited under subsection 72(4), it may be disposed of immediately on its forfeiture, as the Minister directs.