Law:Coastal Fisheries Protection Act

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R.s.c., 1985, c. C-33

An Act to protect the coastal fisheries


Contents

Short Title

Short title

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

R.S., c. C-21, s. 1.


Interpretation

Definitions

2. (1) In this Act,

“Agreement”

« accord »

“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;

“Canadian fisheries waters”

« eaux de pêche canadiennes »

“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;

“Canadian fishing vessel”

« bateau de pêche canadien »

“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;

“fish”

« poisson »

“fish” includes shellfish, crustaceans and marine animals;

“fishing”

« pêcher »

“fishing” means fishing for or catching or killing fish by any method;

“fishing vessel”

« bateau de pêche »

“fishing vessel” includes any ship or boat or any other description of vessel used in or equipped for

(a) fishing or processing or transporting fish from fishing grounds,

(b) taking, processing or transporting marine plants, or

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

“fishing vessel of a participating state”

« bateau de pêche d’un Étatssujetti à l’accord »

“fishing vessel of a participating state” means a foreign fishing vessel that has been issued, under the laws of a participating state, a registration number, licence or other document granting it the right to fly the flag of that state or that is otherwise entitled to fly the flag of that state;

“fishing vessel without nationality”

« bateau de pêche sans nationalité »

“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;

“foreign fishing vessel”

« bateau de pêche étranger »

“foreign fishing vessel” means a fishing vessel that is not a Canadian fishing vessel;

“government vessel”

« bateau de l’État »

“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;

“Minister”

« ministre »

“Minister” means the Minister of Fisheries and Oceans;

“NAFO Regulatory Area”

« zone de réglementation de l’OPAN »

“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;

“participating state”

« État assujetti à l’accord »

“participating state” means a foreign state or an organization of foreign states prescribed by regulation;

“protection officer”

« garde-pêche »

pan clas“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.

“straddling stock”(Repealed, 1999, c. 19, s. 1)

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.

R.S., 1985, c. C-33, s. 2; 1994, c. 14, s. 1; 1998, c. 16, s. 29; 1999, c. 19, s. 1; 2001, c. 26, s. 287.

Previous Version

Foreign Fishing Vessels

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.

R.S., c. C-21, s. 3.

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.

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.

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.

R.S., 1985, c. C-33, s. 4; 1990, c. 44, s. 13; 1996, c. 31, s. 65.

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.

R.S., c. C-21, s. 3.

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).

1994, c. 14, s. 2.

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.

1994, c. 14, s. 2.

Prohibition on fishing vessel of a participating state

5.3 No fishing vessel of a participating state 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.

1999, c. 19, s. 2.

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).

1999, c. 19, s. 2.

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).

1999, c. 19, s. 2.


Regulations

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, or

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

(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.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;

(e) for the implementation of the Agreement, including regulations

(i) incorporating by reference, or carrying out and giving effect to, any conservation or management measures 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 amongst 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 manneronsistent with the 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 participating state 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 participating state, and

(vii) prescribing a participating state 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 and designating from amongst 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.

R.S., 1985, c. C-33, s. 6; 1990, c. 44, s. 14; 1992, c. 1, s. 43; 1994, c. 14, s. 3; 1999, c. 19, s. 3.


Inspection, Arrest, Seizure And Forfeiture

Boarding by protection officer

7. A protection officer may

(a) for the purpose of ensuring compliance with this Act and the regulations, board and inspect any fishing vessel found within Canadian fisheries waters or the NAFO Regulatory Area; and

(b) with a warrant issued under section 7.1, search any fishing vessel found within Canadian fisheries waters or the NAFO Regulatory Area and its cargo.

R.S., 1985, c. C-33, s. 7; R.S., 1985, c. 31 (1st Supp.), s. 5; 1994, c. 14, s. 4.

Enforcement on high seas for unauthorized fishing in Canadian fisheries waters

7.01 (1) If a protection officer believes on reasonable grounds that a fishing vessel of a participating state or of a state party to a treaty or an arrangement described in paragraph 6(f) has engaged in unauthorized fishing in Canadian fisheries waters and the officer finds the vessel 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.

Powers in case of pursuit not affected

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

1999, c. 19, s. 4.

Search

7.1 (1) A justice of the peace who on ex parte application is satisfied by information on oath that there are reasonable grounds to believe that there is in any place, including any premises, vessel or vehicle, any fish or other thing that was obtained by or used in, or that will afford evidence in respect of, a contravention of this Act or the regulations, may issue a warrant authorizing the protection officer named in the warrant to enter and search the place for the fish or other thing subject to any conditions that may be specified in the warrant.

Where warrant not necessary

(2) A protection officer may exercise the powers referred to in paragraph 7(b) 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.

1994, c. 14, s. 4.

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.

R.S., 1985, c. C-33, s. 8; 1999, c. 19, s. 5.

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.

1994, c. 14, s. 5.

Seizure

9. 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), including fish, 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).

R.S., 1985, c. C-33, s. 9; 1999, c. 19, s. 6.

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.

R.S., c. C-21, s. 6.

Perishable goods

11. Where fish or any other perishable articles are seized pursuant to section 9, the protection officer or other person having the custody thereof may sell them, and the proceeds of the sale shall be paid to the Receiver General or deposited in a bank to the credit of the Receiver General.

R.S., c. C-21, s. 6.

Return if no proceedings instituted

12. Any fishing vessel or goods seized pursuant to section 9 or the proceeds realized from a sale pursuant to 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 expiration of three months after the day of seizure unless before that time proceedings in respect of the offence are instituted.

R.S., c. C-21, s. 6.

Redelivery pending proceedings

13. Where a fishing vessel or goods have been seized pursuant to section 9 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 thereof 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.

R.S., c. C-21, s. 6.

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 pursuant to section 9 by means of or in relation to which the offence was committed,

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

(c) any fishing vessel described in paragraph (a) and any of the goods described in paragraph (b), or the proceeds thereof,

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.

R.S., 1985, c. C-33, s. 14; 1999, c. 19, s. 7(E).

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.

R.S., c. C-21, s. 6.

Return if no forfeiture ordered

16. (1) Where a fishing vessel or goods have been seized pursuant to section 9 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 pursuant to section 11 are not at the final conclusion of the proceedings ordered to be forfeited, they shall, subject to subsection (2), be returned or the proceeds shall be paid to the person from whom the fishing vessel or goods were seized.

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.

R.S., c. C-21, s. 6.

Powers of protection officer re: fishing vessel of a state that is party to the Agreement, a treaty or an arrangement

16.1 Despite the geographic limitations referred to in section 7, 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 participating state 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).

1999, c. 19, s. 8.

Powers of protection officer

16.2 (1) A protection officer may, in an area of the sea designated under subparagraph 6(e)(ii), board and inspect a fishing vessel of a participating state to ensure compliance with section 5.3 and any regulations made under subparagraph 6(e)(i). An officer who believes on reasonable grounds that the vessel has contravened section 5.3 may, with a warrant issued under section 7.1 or without a warrant in exigent circumstances, search the vessel and exercise the power under section 9 to seize evidence.

Notice to participating state

(2) If the protection officer believes on reasonable grounds that the vessel has contravened section 5.3, the officer shall without delay inform the participating state.

Deemed consent

(3) In addition to the powers referred to in subsection (1), a protection officer may, with the consent of the participating state, exercise any powers referred to in section 16.1. The officer is deemed to have received the consent of the state if the state

(a) has not responded within the period prescribed by regulation; or

(b) has responded but is not fully investigating the alleged contravention.

1999, c. 19, s. 8.


Offences And Punishment

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.

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 participating state if the vessel or official, as the case may be, is acting in the performance of their duties in relation to the 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.

R.S., 1985, c. C-33, s. 17; 1999, c. 19, s. 9.

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.

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.

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.

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.

R.S., 1985, c. C-33, s. 18; R.S., 1985, c. 39 (2nd Supp.), s. 1; 1994, c. 14, s. 6; 1999, c. 19, s. 10.

Proof of offence by a fishing vessel of a participating state

18.01 (1) In a prosecution of a fishing vessel of a participating state 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.

Appearance of vessel

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

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.

Proceedings on indictment

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

1999, c. 19, s. 11.

Fines

18.02 The amount of the fine imposed on a fishing vessel of a participating state or a state that is party to a treaty or arrangement described in paragraph 6(f) or on a fishing vessel without nationality that is convicted of an offence under this Act 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.

1999, c. 19, s. 11.


Application Of Criminal Law

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 participating state 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.

1994, c. 14, s. 7; 1999, c. 19, s. 12.

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.

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.

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.

1994, c. 14, s. 7; 1999, c. 19, s. 13.

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.

1994, c. 14, s. 7.

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.

1994, c. 14, s. 7; 1999, c. 19, s. 14.

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.

1994, c. 14, s. 7.


Jurisdiction Of Courts

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.

R.S., 1985, c. C-33, s. 19; R.S., 1985, c. 27 (1st Supp.), s. 203; 1990, c. 44, s. 18; 2001, c. 26, s. 288.

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