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

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.