GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Fisheries Act — F-14 86.2
Use of measures 86.2 (1) Alternative measures may be used only if doing so is not inconsistent with the purpose of this Act and the following conditions are met: (a) the alleged offence is an offence under this Act, except an offence under section 62 or 63 or any other offence referred to in any regulations made under paragraph 86.95(a); (b) an information has been laid in respect of the offence; (c) the Attorney General, after consulting with the Minister, is satisfied that the measures would be appropriate, having regard to the nature of the offence, the circumstances surrounding its commission and the following factors: (i) the importance of the protection of fisheries, fish or fish habitat or the prevention of pollution, (ii) the alleged offender’s history of compliance with this Act, (iii) whether the offence is a repeated occurrence, (iv) any allegation that information is being or was concealed or other attempts to subvert the purpose and requirements of this Act are being or have been made, and (v) whether any remedial or preventive action has been taken by or on behalf of the alleged offender in relation to the offence; (d) the alleged offender has been advised of the right to be represented by counsel; (e) the alleged offender accepts responsibility for the act or omission that forms the basis of the offence; (f) the alleged offender applies, in accordance with regulations made under section 86.95, to participate in the measures; (g) the alleged offender and the Attorney General have entered into an alternative measures agreement within 180 days after the day on which the Attorney General provided the alleged offender with initial disclosure of the Crown’s evidence; (h) the Attorney General considers that there is sufficient evidence to proceed with the prosecution of the offence; and (i) the prosecution of the offence is not barred at law. Restriction on use (2) Alternative measures shall not be used if the alleged offender (a) denies participation or involvement in the commission of the alleged offence; or (b) expresses the wish to have any charge against them dealt with by the court. Admissions not admissible in evidence (3) No admission, confession or statement accepting responsibility for a given act or omission made by an alleged offender as a condition of being dealt with by alternative measures is admissible in evidence against them in any civil or criminal proceedings. Dismissal of charge (4) If alternative measures have been used, the court shall dismiss the charge laid against the alleged offender in respect of that offence if the court is satisfied on a balance of probabilities that the alleged offender has complied with the alternative measures agreement. No bar to proceedings (5) The use of alternative measures is not a bar to any proceedings against the alleged offender under this Act. Laying of information, etc. (6) This section does not prevent any person from laying an information, obtaining the issue or confirmation of any process, or proceeding with the prosecution of any offence, in accordance with the law. 2019, c. 14, s. 47
Fisheries Act — F-14 86.3
Sentencing considerations 86.3 If an information in respect of an offence of contravening an alternative measures agreement has been laid and proceedings in respect of the alleged offence for which the agreement was entered into have been recommenced, the court imposing a sentence for either offence shall take into account any sentence that has previously been imposed for the other offence. 2019, c. 14, s. 47
Fisheries Act — F-14 86.4
Nature of measures contained in agreement 86.4 (1) An alternative measures agreement may contain any terms and conditions, including (a) terms and conditions having any or all of the effects set out in section 79.2 or having any of the prescribed effects that the Attorney General, after consulting with the Minister, considers appropriate; and (b) terms and conditions relating to the costs of laboratory and field tests, travel and living expenses, costs of scientific analyses and other reasonable costs associated with supervising and verifying compliance with the agreement. Supervisory bodies (2) Any governmental or non-governmental body may supervise and verify compliance with an alternative measures agreement. 2019, c. 14, s. 47
Fisheries Act — F-14 86.5
Duration of agreement 86.5 An alternative measures agreement comes into force on the day on which it is signed or on any later day that the agreement specifies and continues in force for the period, not exceeding five years, that the agreement specifies. 2019, c. 14, s. 47
Fisheries Act — F-14 86.6
Filing in court for purpose of public access 86.6 (1) The Attorney General shall consult with the Minister before entering into an alternative measures agreement and shall cause the agreement to be filed, subject to subsection (5), as part of the court record of the proceedings to which the public has access, with the court in which the information was laid within 30 days after the day on which the agreement was entered into. Reports (2) A report relating to the administration of or compliance with an alternative measures agreement must, immediately after all the terms and conditions of the agreement have been complied with or the charges in respect of which the agreement was entered into have been dismissed, be filed with the court in which the agreement was filed. Confidential information or material injury (3) Subject to subsection (4), the following information shall be set out in a schedule to the agreement or to the report: (a) trade secrets of any person; (b) financial, commercial, scientific or technical information that is confidential information and that is treated consistently in a confidential manner by any person; (c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to any person, or could reasonably be expected to prejudice any person’s competitive position; or (d) information the disclosure of which could reasonably be expected to interfere with any person’s contractual or other negotiations. Agreement on information to be in schedule (4) The parties to an alternative measures agreement must agree on which information is information referred to in paragraphs (3)(a) to (d). Schedule confidential (5) The schedule is confidential and shall not be filed with the court. Prohibition of disclosure (6) The Minister shall not disclose any information set out in a schedule except under section 86.93 or under the Access to Information Act . 2019, c. 14, s. 47
Fisheries Act — F-14 86.7
Stay and recommencement of proceedings 86.7 Despite section 579 of the Criminal Code , (a) the Attorney General shall, on filing the alternative measures agreement, stay the proceedings or apply to the court for an adjournment of the proceedings in respect of the offence alleged to have been committed for a period of not more than one year after the day on which the agreement expires; and (b) proceedings stayed under paragraph (a) may be recommenced, without laying a new information or preferring a new indictment, as the case may be, by the Attorney General giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered, but if that notice is not given within one year after the day on which the agreement expires, the proceedings are deemed never to have been commenced. 2019, c. 14, s. 47
Fisheries Act — F-14 86.8
Application to vary agreement 86.8 (1) The Attorney General may, on application by the alleged offender and after consulting with the Minister, vary an alternative measures agreement in one or both of the following ways, if the Attorney General considers doing so is appropriate owing to a material change in the circumstances since the agreement was entered into or last varied: (a) by making any changes to the agreement or to its terms and conditions; and (b) by decreasing the period during which the agreement is to remain in force or relieving the alleged offender, either absolutely or partially or for any period that the Attorney General considers appropriate, of compliance with any term or condition that the agreement specifies. Filing of varied agreement (2) Subject to subsection 86.6(5), an agreement that has been varied shall be filed with the court in which the original agreement was filed. 2019, c. 14, s. 47
Fisheries Act — F-14 86.9
Records 86.9 Sections 86.91 to 86.93 apply only to alleged offenders who have entered into an alternative measures agreement, regardless of the degree of their compliance with its terms and conditions. 2019, c. 14, s. 47
Fisheries Act — F-14 86.91
Records of police forces and investigative bodies 86.91 (1) A record that relates to an offence under this Act that is alleged to have been committed, including the original or a copy of any fingerprints or photographs of the alleged offender, may be kept by any police force or body responsible for, or participating in, the investigation of the offence. Disclosure by fishery officer, fishery guardian or inspector (2) A fishery officer, fishery guardian or inspector may disclose to any person any information in a record kept under subsection (1) that it is necessary to disclose in the conduct of the investigation of an offence under this Act. Disclosure to insurance company (3) A fishery officer, fishery guardian or inspector may disclose to an insurance company any information in a record kept under subsection (1) that it is necessary to disclose for the purpose of the insurance company’s investigation of a claim arising out of an offence under this Act that is committed or alleged to have been committed by the alleged offender to whom the record relates. 2019, c. 14, s. 47
Fisheries Act — F-14 86.92
Government records 86.92 (1) The Minister, fishery officers, fishery guardians and inspectors and any department or agency of a government in Canada with which the Minister has entered into an agreement under section 86.94 may keep records and use information obtained as a result of the use of alternative measures (a) for the purposes of an inspection under this Act or an investigation of any offence under this Act; (b) in any proceedings under this Act; (c) for the purpose of the administration of alternative measures programs; or (d) otherwise for the purposes of the administration or enforcement of this Act. Supervision and verification of records (2) Any person who is engaged in supervising and verifying compliance with an alternative measures agreement may (a) keep records relating to the supervision and verification; and (b) use any information that they obtain as a result of the supervision and verification for any purpose referred to in subsection (1). 2019, c. 14, s. 47
Fisheries Act — F-14 86.93
Disclosure of records 86.93 (1) Any record referred to in section 86.91 or 86.92 may be (a) made available to any judge or court for any purpose that relates to proceedings relating to offences under this Act that are committed or alleged to have been committed by the alleged offender to whom the record or information relates; (b) made available to any prosecutor, fishery officer, fishery guardian or inspector (i) for the purpose of investigating an offence under this Act that the alleged offender is suspected on reasonable grounds of having committed, or in respect of which the alleged offender has been arrested or charged, or (ii) for any purpose that relates to the administration of the case to which the record relates; (c) made available to any employee of a department or agency of a government in Canada, or any agent or mandatary of that department or agency, that is (i) engaged in the administration of alternative measures in respect of the alleged offender, or (ii) preparing a report in respect of the alleged offender under this Act; or (d) made available to any other person who is considered, or is within a class of persons that is considered, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if that person gives a written undertaking not to subsequently disclose the information except in accordance with subsection (2) and if the judge is satisfied that the disclosure is (i) in the public interest for research or statistical purposes, or (ii) in the interest of the proper administration of justice. Subsequent disclosure (2) If a record is made available to a person under subparagraph (1)(d)(i), the person may subsequently disclose information contained in the record, but shall not disclose it in any form that could reasonably be expected to identify the alleged offender to whom it relates or any other person specified by the judge. Information and copies (3) Any person to whom a record is authorized to be made available under this section may be given any information that is contained in the record and may be given a copy of any part of the record. Evidence (4) Nothing in this section authorizes the introduction into evidence of any part of a record that would not otherwise be admissible in evidence. Exception (5) For greater certainty, this section does not apply to an alternative measures agreement, a varied alternative measures agreement or a report that is filed with the court in accordance with section 86.6. 2019, c. 14, s. 47
Fisheries Act — F-14 86.94
Agreements respecting exchange of information 86.94 The Minister may enter into an agreement with a department or agency of a government in Canada respecting the exchange of information for the purpose of administering alternative measures or preparing a report in respect of an alleged offender’s compliance with an alternative measures agreement. 2019, c. 14, s. 47
Fisheries Act — F-14 86.95
Regulations 86.95 The Minister may make regulations respecting the alternative measures that may be used for the purposes of this Act, including regulations (a) excluding specified offences under this Act from the application of those measures; (b) respecting the form and manner in which and the period within which an application under paragraph 86.2(1)(f) to participate in the measures is to be made, and the information that is to be contained in or that is to accompany the application; (c) respecting the manner of preparing and filing reports relating to the administration of and compliance with alternative measures agreements; (d) respecting the terms and conditions that may be included in an alternative measures agreement and their effects; and (e) respecting the classes of reasonable costs and the manner of paying the costs associated with supervising and verifying compliance with an alternative measures agreement. 2019, c. 14, s. 47
Fisheries Act — F-14 86.96
Offence and punishment 86.96 Every person who contravenes an alternative measures agreement referred to in subsection 86.2(1) (a) is guilty of an indictable offence and liable to a fine of not more than $500,000; or (b) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $100,000. 2019, c. 14, s. 47
Fisheries Act — F-14 87
Application of Act to High Seas 87 (1) The provisions of this Act and the regulations that apply to any or all of Canadian fisheries waters, without anything in the context of those provisions indicating that they apply to any specified area of Canadian fisheries waters, shall, in relation to any fishing vessel or aircraft on or over the High Seas that is subject to the jurisdiction of Canada, or any act or thing done or omitted to be done on, from or by means of any such fishing vessel or aircraft, be deemed to extend and apply to the High Seas. Regulations (2) The Governor in Council may make regulations respecting fisheries located in waters other than Canadian fisheries waters applicable to vessels or aircraft subject to the jurisdiction of Canada. Inconsistency or conflict (3) Where there is any inconsistency or conflict between any regulations that apply to the High Seas by virtue of subsection (1) and any regulations made under subsection (2), the latter regulations prevail to the extent of the inconsistency or conflict, unless the context otherwise requires. R.S., c. F-14, s. 69; 1976-77, c. 35, s. 19
Fisheries Act — F-14 87.1
Powers of Fisheries Officers — waters and territory of foreign state 87.1 Subject to the consent of a foreign state and any conditions that it may impose, every power that may be exercised, and every duty or function that may be performed in Canada by a fishery officer under this Act may be exercised or performed on or over the waters that are subject to the jurisdiction of a foreign state or on the state’s territory, or in a port of the foreign state, in relation to any fishing vessel that is subject to the jurisdiction of Canada. 2019, c. 14, s. 48
Fisheries Act — F-14 88
Jurisdiction of courts 88 All courts and justices 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. F-14, s. 88; 1990, c. 44, s. 18; 2001, c. 26, s. 302
Fisheries Act — F-14 89
Externally produced material 89 (1) A regulation made under this Act may incorporate by reference material produced by a person or body other than the Minister, including by a government, a government agency or an international body. Jointly produced material (2) A regulation made under this Act may incorporate by reference material produced jointly by the Minister and a government or government agency for the purpose of harmonizing the regulation with other laws. Internally produced standards (3) A regulation made under this Act may incorporate by reference technical or explanatory material produced by the Minister, such as specifications, test methods, procedures, construction standards, operational standards, safety standards and performance standards of a technical nature. Incorporation as amended from time to time (4) Material may be incorporated by reference as it exists on a particular date or as it is amended from time to time. Transmission and publication (5) For greater certainty, a document that is incorporated by reference in a regulation is not required to be transmitted for registration or publication in the Canada Gazette by reason only that it is incorporated by reference. Interpretation (6) Subsections (1) to (5) do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections. 2012, c. 19, s. 155
Fisheries Act — F-14 90
Defence 90 A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in a regulation is relevant unless, at the time of the alleged contravention, it was accessible as required by section 91 or was accessible to the person. 2012, c. 19, s. 155
Fisheries Act — F-14 91
Accessibility of incorporated documents 91 The Minister shall ensure that any document that is incorporated by reference under subsection 89(1) is accessible. 2012, c. 19, s. 155
Fisheries Act — F-14 92
Five-year review 92 Every five years beginning on the day on which this section comes into force, the provisions and operation of this Act shall be reviewed by the committee of the Senate, of the House of Commons or of both Houses that is designated or established for that purpose. 2019, c. 14, s. 49
Fisheries Act — F-14 Transitional: proceedings
Transitional: proceedings * 11 Proceedings to which any of the provisions amended by the schedule apply that were commenced before the coming into force of section 10 shall be continued in accordance with those amended provisions without any further formality. * [Note: Section 10 in force October 1, 1987, see SI/87-221.]
Fisheries Act — F-14 Transitional — proceedings
Transitional — proceedings * (2) Every proceeding commenced before the coming into force of this section under a provision amended by the schedule shall be taken up and continued under and in conformity with the amended provision without any further formality. * [Note: Section 2 in force August 31, 1988, see SI/88-135.]
Fisheries Act — F-14 Transitional: proceedings
Transitional: proceedings * 24 (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality. * [Note: Subsection 24(1) in force July 1, 1990, see SI/90-90.]
Fisheries Act — F-14 Transitional: proceedings
Transitional: proceedings * 45 (1) Every proceeding commenced before the coming into force of this subsection and in respect of which any provision amended by this Act applies shall be taken up and continued under and in conformity with that amended provision without any further formality. * [Note: Subsection 45(1) in force September 1, 1990, see SI/90-106.]
Fisheries Act — F-14 Transitional — proceedings
Transitional — proceedings * 10 Every proceeding commenced before the coming into force of this section and in respect of which any provision amended by sections 12 to 16 applies shall be taken up and continued under and in conformity with that amended provision without any further formality. * [Note: Section 10 in force April 19, 1999, see SI/99-37.]
Fisheries Act — F-14 177
Ministerial authorizations 177 (1) An authorization issued by the Minister under section 32 or subsection 35(2) of the Fisheries Act as it existed before June 29, 2012, or under paragraph 32(2)(c) or paragraph 35(2)(b) of the Fisheries Act as it existed before the coming into force of subsection 142(2) of the Jobs, Growth and Long-term Prosperity Act , and that is still valid on the day on which that subsection 142(2) comes into force, is deemed to be an authorization issued by the Minister under paragraph 35(2)(b) of the Fisheries Act after that coming into force. Amendment (2) On the request of the holder of an authorization referred to in subsection (1) that is made within 90 days after the day on which subsection 142(2) of the Jobs, Growth and Long-term Prosperity Act comes into force, the Minister must examine the authorization, and the Minister may, within 210 days after the day on which that subsection 142(2) comes into force, confirm or amend the authorization or, if the Minister is of the opinion that the holder no longer needs an authorization, cancel it. Conditions of authorizations (3) Paragraph 40(3)(a) of the Fisheries Act does not apply to the holder of an authorization referred to in subsection (1) until 90 days after the day on which subsection 142(2) of the Jobs, Growth and Long-term Prosperity Act comes into force. However, if the holder makes a request under subsection (2), then that paragraph does not apply to that holder until the day on which that holder receives notice of the Minister’s decision to confirm, amend or cancel the authorization or until 210 days after the day on which that subsection 142(2) comes into force, whichever is earlier.
Fisheries Act — F-14 51
Analysts 51 Any person who is designated as an analyst within the meaning of the definition analyst in subsection 2(1) of the Fisheries Act , as it read immediately before the day on which section 38 of this Act comes into force, is deemed to be designated as an analyst under subsection 56.1(1) of the Fisheries Act as enacted by that section 38 .
Fisheries Act — F-14 52
Authorization — Paragraph 35(2)(b) 52 Any authorization issued by the Minister under paragraph 35(2)(b) of the Fisheries Act before the day on which section 22 of this Act comes into force and that is still valid on the day on which that section comes into force is deemed to have been issued under paragraphs 34.4(2)(b) and 35(2)(b), as those paragraphs read after that day.