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

Short Title

Marginal note:Short title

1 This Act may be cited as the Coastal Fisheries Protection Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  Agreement

  Agreement[Repealed, 2015, c. 18, s. 2]

  Canadian fisheries waters

  Canadian fisheries waters means all waters in the fishing zones of Canada, all waters in the territorial sea of Canada and all internal waters of Canada; (eaux de pêche canadiennes)

  Canadian fishing vessel

  Canadian fishing vessel means a fishing vessel

  • (a) that is registered or licensed under the Canada Shipping Act, 2001 , or

  • (b) that is not registered or licensed under the Canada Shipping Act, 2001 or under the laws of another state but is owned by one or more persons each of whom is

    • (i) a Canadian citizen,

    • (ii) in the case of a vessel that is not required to be registered or licensed under that Act, a person resident and domiciled in Canada, or

    • (iii) a corporation incorporated under the laws of Canada or a province, having its principal place of business in Canada; (bateau de pêche canadien)

  fish

  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; (poisson)

  fisheries management organization

  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; (organisation de gestion des pêches)

  fishing

  fishing means fishing for or catching or killing fish by any method; (pêcher)

  fishing vessel

  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; (bateau de pêche)

  fishing vessel of a participating state

  fishing vessel of a participating state[Repealed, 2015, c. 18, s. 2]

  fishing vessel of a state party to the Fish Stocks Agreement

  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; (bateau de pêche d’un État assujetti à l’Accord sur les stocks de poissons)

  fishing vessel without nationality

  fishing vessel without nationality means a fishing vessel that

  • (a) has not been issued, under the laws of any state, a registration number, licence or other document granting it the right to fly the flag of that state,

  • (b) sails under a flag that it is not entitled to fly,

  • (c) does not sail under the flag of any state,

  • (d) sails under the flag of two or more states, using them according to convenience, or

  • (e) sails under the flag of a state that is not recognized by the international community; (bateau de pêche sans nationalité)

  Fish Stocks Agreement

  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; (Accord sur les stocks de poissons)

  flag state

  flag state means the state whose flag a fishing vessel is entitled to fly; (État du pavillon)

  foreign fishing vessel

  foreign fishing vessel means a fishing vessel that is not a Canadian fishing vessel; (bateau de pêche étranger)

  government vessel

  government vessel means, subject to subsection 17(2), any vessel that belongs to or is in the service of Her Majesty in right of Canada; (bateau de l’État)

  marine plant

  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; (plante marine)

  Minister

  Minister means the Minister of Fisheries and Oceans; (ministre)

  NAFO Regulatory Area

  NAFO Regulatory Area means that part of the following area, being the Convention Area of the Northwest Atlantic Fisheries Organization, that is on the high seas:

  • (a) the waters of the Northwest Atlantic Ocean north of 35°00′ north latitude and west of a line extending due north from 35°00′ north latitude and 42°00′ west longitude to 59°00′ north latitude, thence due west to 44°00′ west longitude, and thence due north to the coast of Greenland, and

  • (b) the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78°10′ north latitude; (zone de réglementation de l’OPAN)

  participating state

  participating state[Repealed, 2015, c. 18, s. 2]

  Port State Measures Agreement

  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; (Accord sur les mesures de l’État du port)

  protection officer

  protection officer means, subject to subsection 17(2),

  • (a) a fishery officer within the meaning of the Fisheries Act,

  • (b) a member of the Royal Canadian Mounted Police, or

  • (c) any person authorized by the Governor in Council to enforce this Act. (garde-pêche)

  state party to the Fish Stocks Agreement

  state party to the Fish Stocks Agreement means a foreign state or an organization of foreign states that is prescribed by regulation; (État assujetti à l’Accord sur les stocks de poissons)

  straddling stock

  straddling stock[Repealed, 1999, c. 19, s. 1]

• Marginal note:Meaning of state

  (2) In section 5.4, subparagraphs 6(f)(iv) and (vi), paragraphs 16.1(b) and 17(2)(b), sections 18.01 and 18.02 and paragraph 18.1(a.2), state includes an organization of foreign states.

Foreign Fishing Vessels

Marginal note:Entry of foreign vessels into Canadian fisheries waters

3 No foreign fishing vessel shall enter Canadian fisheries waters for any purpose unless authorized by this Act or the regulations, any other law of Canada or a treaty.

Marginal note:Fishing, etc., in Canada and Canadian fisheries waters

• 4 (1) No person, being aboard a foreign fishing vessel or being a member of the crew of or attached to or employed on a foreign fishing vessel, shall in Canada or in Canadian fisheries waters

  • (a) fish or prepare to fish,

  • (b) unload, land or tranship any fish, outfit or supplies,

  • (c) ship or discharge any crew member or other person,

  • (d) purchase or obtain bait or any supplies or outfits, or

  • (e) take or prepare to take marine plants,

  unless authorized by this Act or the regulations, any other law of Canada or a treaty.

• Marginal note:Fishing of sedentary species

  (2) No person, being aboard a foreign fishing vessel or being a member of the crew of or attached to or employed on a foreign fishing vessel, shall fish or prepare to fish for a sedentary species of fish in any portion of the continental shelf of Canada that is beyond the limits of Canadian fisheries waters, unless authorized by this Act or the regulations or any other law of Canada.

• Marginal note:Definition of sedentary species

  (3) For the purposes of subsection (2), sedentary species means any living organism that, at the harvestable stage, either is immobile on or under the seabed or is unable to move except in constant physical contact with the seabed or subsoil.

Marginal note:Transporting fish into Canadian fisheries waters

5 No person, being aboard a Canadian fishing vessel, shall bring into Canadian fisheries waters fish received outside Canadian fisheries waters from a foreign fishing vessel, unless authorized by the regulations.

Marginal note:Purpose

5.1 Parliament, recognizing

• (a) that straddling stocks on the Grand Banks of Newfoundland are a major renewable world food source having provided a livelihood for centuries to fishers,

• (b) that those stocks are threatened with extinction,

• (c) that there is an urgent need for all fishing vessels to comply in both Canadian fisheries waters and the NAFO Regulatory Area with sound conservation and management measures for those stocks, notably those measures that are taken under the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978, Canada Treaty Series 1979 No. 11, and

• (d) that some foreign fishing vessels continue to fish for those stocks in the NAFO Regulatory Area in a manner that undermines the effectiveness of sound conservation and management measures,

declares that the purpose of section 5.2 is to enable Canada to take urgent action necessary to prevent further destruction of those stocks and to permit their rebuilding, while continuing to seek effective international solutions to the situation referred to in paragraph (d).

Marginal note:Conservation and management measures for the NAFO Regulatory Area

5.2 No person, being aboard a foreign fishing vessel of a prescribed class, shall, in the NAFO Regulatory Area, fish or prepare to fish for a straddling stock in contravention of any of the prescribed conservation and management measures.

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),

• (a) contravene a measure or regulation designated under subparagraph 6(e)(i);

• (b) conceal, tamper with or dispose of anything that may afford evidence of a contravention of a measure or regulation designated under subparagraph 6(e)(i); or

• (c) conceal its identity or registration, including displaying a false marking, identity or registration.

Marginal note:Prohibition on fishing vessels of states party to treaties or arrangements

5.4 No fishing vessel of a state that is party to a treaty or arrangement described in paragraph 6(f) shall, in an area of the sea designated under subparagraph 6(f)(ii), contravene a measure or regulation designated under subparagraph 6(f)(i).

Marginal note:Prohibition on fishing vessels without nationality

5.5 No fishing vessel without nationality shall

• (a) in an area of the sea designated under subparagraph 6(e)(ii), fish or prepare to fish or contravene a measure or regulation designated under subparagraph 6(e)(i); or

• (b) in an area of the sea designated under subparagraph 6(f)(ii), fish or prepare to fish or contravene a measure or regulation designated under subparagraph 6(f)(i).

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.

Regulations

Marginal note:Regulations

6 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act including, but not limited to, regulations

• (a) for authorizing, by means of licences, permits or otherwise,

  • (i) foreign fishing vessels to enter Canadian fisheries waters for any purpose specified in the regulations,

  • (ii) persons to do all or any of the things described in paragraphs 4(1)(a) to (e), subsection 4(2) or section 5, or

  • (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;

• (b) respecting the issuance, suspension and cancellation of any licences or permits provided for under paragraph (a) and prescribing their forms, the fees payable therefor and their terms and conditions, which are in addition to such terms and conditions, if any, as the Minister may specify therein;

• (b.1) prescribing as a straddling stock, for the purposes of section 5.2, any stock of fish that occurs both within Canadian fisheries waters and in an area beyond and adjacent to Canadian fisheries waters;

• (b.2) prescribing any class of foreign fishing vessel for the purposes of section 5.2;

• (b.3) prescribing, for the purposes of section 5.2,

  • (i) any measure for the conservation and management of any straddling stock to be complied with by persons aboard a foreign fishing vessel of a prescribed class in order to ensure that the foreign fishing vessel does not engage in any activity that undermines the effectiveness of conservation and management measures for any straddling stock that are taken under the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978, Canada Treaty Series 1979 No. 11, or

  • (ii) any other measure for the conservation and management of any straddling stock to be complied with by persons aboard a foreign fishing vessel of a prescribed class;

• (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);

• (b.4) prescribing the manner in which and the extent to which a protection officer is permitted to use the force referred to in section 8.1;

• (b.5) prescribing forms that may be used instead of the forms set out in Part XXVIII of the Criminal Code in proceedings against fishing vessels under this Act or the Fisheries Act;

• (c) for appointing or authorizing persons to enforce the provisions of this Act and the regulations;

• (d) for securing and keeping any fishing vessels or things seized pursuant to this Act;

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

• (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),

  • (ii) designating any area of the sea regulated by the regional fisheries management organization or arrangement,

  • (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,

  • (v) respecting the manner of service and the giving and sending of summonses, notices, statements and other documents,

  • (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

• (f) for the implementation of the provisions of any other international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement, including regulations

  • (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,

  • (ii) designating any area of the sea regulated by the treaty or arrangement,

  • (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 treaty or arrangement and the measures incorporated by reference or 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 that is party to the treaty or arrangement to take enforcement action in respect of a Canadian fishing vessel,

  • (v) respecting the manner of service and the giving and sending of summonses, notices, statements and other documents, and

  • (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 that is party to the treaty or arrangement.

Inspection, Arrest, Seizure and Forfeiture

Marginal note: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.

7.01 [Repealed, 2015, c. 18, s. 6]

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.

Marginal note:Arrest

8 A protection officer may arrest without warrant any person who the officer believes on reasonable grounds has committed an offence under this Act.

Marginal note:Use of force

8.1 A protection officer may, in the manner and to the extent prescribed by the regulations, use force that is intended or is likely to disable a foreign fishing vessel, if the protection officer

• (a) is proceeding lawfully to arrest the master or other person in command of the vessel; and

• (b) believes on reasonable grounds that the force is necessary for the purpose of arresting that master or other person.

Marginal note:Seizure

• 9 (1) A protection officer who believes on reasonable grounds that an offence under this Act has been committed may seize

  • (a) any fishing vessel by means of or in relation to which the officer believes on reasonable grounds the offence was committed;

  • (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

  • (c) any fishing vessel described in paragraph (a) and any of the goods described in paragraph (b).

• 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.

Marginal note:Custody of seized vessels and goods

10 Subject to section 11, any fishing vessel and goods seized pursuant to section 9 shall be retained in the custody of the protection officer who made the seizure or delivered into the custody of such person as the Minister may direct.

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.

Marginal note:Forfeiture

14 When a person or a fishing vessel is convicted of an offence under this Act, the convicting court or judge may, in addition to any other punishment imposed, order that

• (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,

be forfeited, and on the making of the order the fishing vessel, goods or proceeds so ordered to be forfeited are forfeited to Her Majesty in right of Canada.

Marginal note:Disposal of forfeited vessel or goods

15 Where proceedings in respect of an offence under this Act have been instituted and a fishing vessel or goods are at the final conclusion of the proceedings ordered to be forfeited, they may be disposed of as the Minister directs.

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.

• Marginal note:Exception in case of conviction and fine

  (2) Where the proceedings referred to in subsection (1) result in a conviction and a fine is imposed, the fishing vessel or goods may be detained until the fine is paid, the fishing vessel and the goods may be sold under execution in satisfaction of the fine or the proceeds realized from a sale of any of the goods pursuant to section 11 may be applied in payment of the fine.

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: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);

• (b) subject to any regulation made under subparagraph 6(f)(iii), in respect of a fishing vessel of a state party to a treaty or an arrangement described in paragraph 6(f) when the vessel is found in an area of the sea designated under subparagraph 6(f)(ii); or

• (c) in respect of a fishing vessel without nationality found in an area of the sea designated under subparagraph 6(e)(ii) or (f)(ii).

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.

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.

Jurisdiction of Courts

Marginal note:Jurisdiction of courts

19 All courts, justices of the peace and provincial court judges in Canada have the same jurisdiction with respect to offences under this Act as they have under sections 257 and 258 of the Canada Shipping Act, 2001 with respect to offences under that Act, and those sections apply to offences under this Act in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 2001.