GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Coastal Fisheries Protection Act — C-33 15
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
Coastal Fisheries Protection Act — C-33 16
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. 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., 1985, c. C-33, s. 16 2015, c. 18, s. 10
Coastal Fisheries Protection Act — C-33 16.01
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. 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. 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. Disposal (4) Once forfeited, the fish, marine plant or other thing shall be disposed of as the Minister directs. 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. 2015, c. 18, s. 11
Coastal Fisheries Protection Act — C-33 16.1
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). 1999, c. 19, s. 8 2015, c. 18, s. 12
Coastal Fisheries Protection Act — C-33 16.2
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). 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. 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. 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. 1999, c. 19, s. 8 2015, c. 18, s. 13
Coastal Fisheries Protection Act — C-33 16.3
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. 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. Disposal (3) Once forfeited, the fish or marine plant shall be disposed of as directed by the Minister. 2015, c. 18, s. 13
Coastal Fisheries Protection Act — C-33 16.4
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. 2015, c. 18, s. 13
Coastal Fisheries Protection Act — C-33 16.5
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. 2015, c. 18, s. 13
Coastal Fisheries Protection Act — C-33 16.6
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. 2015, c. 18, s. 13
Coastal Fisheries Protection Act — C-33 16.7
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. 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. Requirement to bring before justice (3) The justice may require that the thing be brought before him or her. 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. 2015, c. 18, s. 13
Coastal Fisheries Protection Act — C-33 17
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 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. R.S., 1985, c. C-33, s. 17; 1999, c. 19, s. 9 2015, c. 18, s. 14
Coastal Fisheries Protection Act — C-33 18
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
Coastal Fisheries Protection Act — C-33 18.01
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. Appearance of vessel (2) A fishing vessel on which a summons is served shall 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 2015, c. 18, s. 15
Coastal Fisheries Protection Act — C-33 18.02
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. 1999, c. 19, s. 11 2015, c. 18, s. 16
Coastal Fisheries Protection Act — C-33 18.03
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. 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. 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. 2015, c. 18, s. 16
Coastal Fisheries Protection Act — C-33 18.04
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. 2015, c. 18, s. 16
Coastal Fisheries Protection Act — C-33 18.1
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. 1994, c. 14, s. 7; 1999, c. 19, s. 12 2015, c. 18, s. 17
Coastal Fisheries Protection Act — C-33 18.2
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 2015, c. 18, s. 18(F)
Coastal Fisheries Protection Act — C-33 18.3
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
Coastal Fisheries Protection Act — C-33 18.4
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
Coastal Fisheries Protection Act — C-33 18.5
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
Coastal Fisheries Protection Act — C-33 19
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
Commercial Arbitration Act — C-34.6 1
Short title 1 This Act may be cited as the Commercial Arbitration Act .
Commercial Arbitration Act — C-34.6 2
Definitions 2 In this Act, Code means the Commercial Arbitration Code , based on the model law adopted by the United Nations Commission on International Trade Law on June 21, 1985, as set out in Schedule 1; ( Code ) Crown corporation means a Crown corporation as defined in section 83 of the Financial Administration Act ; ( société d’État ) department [Repealed, R.S., 1985, c. 1 (4th Supp.), s. 8] departmental corporation means a departmental corporation as defined in section 2 of the Financial Administration Act . ( établissement public ) R.S., 1985, c. 17 (2nd Supp.), s. 2, c. 1 (4th Supp.), s. 8; 2012, c. 26, s. 23
Commercial Arbitration Act — C-34.6
Code means the Commercial Arbitration Code , based on the model law adopted by the United Nations Commission on International Trade Law on June 21, 1985, as set out in Schedule 1; ( Code )
Commercial Arbitration Act — C-34.6
Crown corporation means a Crown corporation as defined in section 83 of the Financial Administration Act ; ( société d’État )
Commercial Arbitration Act — C-34.6
department [Repealed, R.S., 1985, c. 1 (4th Supp.), s. 8]
Commercial Arbitration Act — C-34.6
departmental corporation means a departmental corporation as defined in section 2 of the Financial Administration Act . ( établissement public )
Commercial Arbitration Act — C-34.6 3
Other words and expressions 3 Words and expressions used in this Act have the meaning assigned to them by the Code.
Commercial Arbitration Act — C-34.6 4
Ordinary meaning 4 (1) This Act shall be interpreted in good faith in accordance with the ordinary meaning to be given to its terms in their context and in the light of its object and purpose. Recourse to certain documents (2) In interpreting the Code, recourse may be had to (a) the Report of the United Nations Commission on International Trade Law on the work of its eighteenth session, held from June 3 to 21, 1985; and (b) the Analytical Commentary contained in the Report of the Secretary General to the eighteenth session of the United Nations Commission on International Trade Law.