GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Coastal Fisheries Protection Act — C-33 5.1
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
Coastal Fisheries Protection Act — C-33 5.2
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
Coastal Fisheries Protection Act — C-33 5.3
Prohibition — Fish Stocks Agreement 5.3 No fishing vessel of a state party to the Fish Stocks Agreement shall, in an area of the sea designated under subparagraph 6(e)(ii), (a) contravene a measure or regulation designated under subparagraph 6(e)(i); (b) conceal, tamper with or dispose of anything that may afford evidence of a contravention of a measure or regulation designated under subparagraph 6(e)(i); or (c) conceal its identity or registration, including displaying a false marking, identity or registration. 1999, c. 19, s. 2 2015, c. 18, s. 3
Coastal Fisheries Protection Act — C-33 5.4
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
Coastal Fisheries Protection Act — C-33 5.5
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
Coastal Fisheries Protection Act — C-33 5.6
Prohibition — importation 5.6 (1) No person shall import any fish or marine plant knowing it to have been taken, harvested, possessed, transported, distributed or sold contrary to any of the following: (a) an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement; (b) any conservation or management measures of a fisheries management organization of which Canada is not a member that is prescribed by regulation; (c) a law related to fisheries of a foreign state. Prohibition — other (2) No person shall, in connection with the importation of any fish or marine plant, transport, sell, distribute, buy or accept the delivery of the fish or marine plant knowing that it was taken, harvested, possessed, transported, distributed or sold contrary to any of the following: (a) an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement; (b) any conservation or management measures of a fisheries management organization of which Canada is not a member that is prescribed by regulation; (c) a law related to fisheries of a foreign state. Prohibition — importation (3) No person shall import any fish or marine plant that is not accompanied by the documentation required by regulation. 2015, c. 18, s. 4
Coastal Fisheries Protection Act — C-33 6
e contravention of which is prohibited by paragraph 5.3(a), (ii) designating any area of the sea regulated by the regional fisheries management organization or arrangement, (iii) setting out the circumstances in which a person engaged or employed in the administration or enforcement of this Act may exercise, in a manner consistent with the Fish Stocks Agreement and the measures incorporated by reference and the regulations made under subparagraph (i), the powers conferred by or under this Act and setting out any procedures to be followed in doing so, (iv) empowering the Minister to authorize a state party to the Fish Stocks Agreement to take enforcement action in respect of a Canadian fishing vessel, (v) respecting the manner of service and the giving and sending of summonses, notices, statements and other documents, (vi) permitting Her Majesty in right of Canada to recover any reasonable costs incurred as a result of the detention in port of a fishing vessel of a state party to the Fish Stocks Agreement, and (vii) prescribing a state party to the Fish Stocks Agreement for the purposes of this Act; and (f) for the implementation of the provisions of any other international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement, including regulations (i) incorporating by reference, or carrying out and giving effect to, any of those measures as of a fixed date or as they are amended from time to time and designating from among the measures incorporated by reference or regulations made under this subparagraph those the contravention of which is prohibited by section 5.4, (ii) designating any area of the sea regulated by the treaty or arrangement, (iii) setting out the circumstances in which a person engaged or employed in the administration or enforcement of this Act may exercise, in a manner consistent with the treaty or arrangement and the measures incorporated by reference or regulations made under subparagraph (i), the powers conferred by or under this Act and setting out any procedures to be followed in doing so, (iv) empowering the Minister to authorize a state that is party to the treaty or arrangement to take enforcement action in respect of a Canadian fishing vessel, (v) respecting the manner of service and the giving and sending of summonses, notices, statements and other documents, and (vi) permitting Her Majesty in right of Canada to recover any reasonable costs incurred as a result of the detention in port of a fishing vessel of a state that is party to the treaty or arrangement. 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 2015, c. 18, s. 5
Coastal Fisheries Protection Act — C-33 7
Definition of place 7 For the purposes of sections 7.1, 7.4, 7.6 and 9, place includes (a) a fishing vessel found within Canadian fisheries waters or the NAFO Regulatory Area; (b) any other vehicle, including a vessel or aircraft; and (c) a container. R.S., 1985, c. C-33, s. 7; R.S., 1985, c. 31 (1st Supp.), s. 5; 1994, c. 14, s. 4 2015, c. 18, s. 6
Coastal Fisheries Protection Act — C-33 7.1
Entry — any place 7.1 (1) A protection officer may, for a purpose related to verifying compliance with this Act, enter any place in which the protection officer has reasonable grounds to believe that (a) there is any fish, marine plant or other thing in respect of which this Act applies; (b) there has been carried on, is being carried on or is likely to be carried on any activity in respect of which this Act applies; or (c) there are any records, books or other documents, including documents in electronic form, concerning anything referred to in paragraphs (a) and (b). Entry — fishing vessel within Canadian fisheries waters or NAFO Regulatory Area (2) Despite subsection (1), a protection officer may board a fishing vessel found within Canadian fisheries waters or the NAFO Regulatory Area for a purpose related to verifying compliance with this Act. Powers on entry (3) The protection officer referred to in subsection (1) or (2) may, for a purpose related to verifying compliance with this Act, (a) examine anything in the place; (b) use any means of communication in the place or cause it to be used; (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to it; (d) prepare a document, or cause one to be prepared, based on the data; (e) use any copying equipment in the place or cause it to be used; (f) conduct tests or analyses of anything in the place; (g) take measurements or samples of anything in the place; (h) take photographs or make recordings or sketches of anything in the place; (i) remove anything found in the place; (j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and (k) prohibit or limit access to all or part of the place or to anything in the place. Entry — fishing vessels ordered to port by flag state (4) A protection officer may, for a purpose related to verifying compliance with a law related to fisheries of a foreign state, with any conservation or management measures of a fisheries management organization or with an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement, board a foreign fishing vessel that was authorized to enter Canadian fisheries waters under subparagraph 6(a)(iii). Powers on entry (5) The protection officer may, for the purpose referred to in subsection (4), exercise the powers referred to in subsection (3) to the extent that the exercise of those powers is authorized by the foreign state or is provided for in the measures, treaty or arrangement in question. Duty to assist (6) The owner or person in charge of a place and every person in the place shall give all assistance that is reasonably required to enable a protection officer to perform his or her functions under this section and shall provide any document or information, and access to any data, that is reasonably required for that purpose. 1994, c. 14, s. 4 2015, c. 18, s. 6
Coastal Fisheries Protection Act — C-33 7.2
Person accompanying protection officer 7.2 A protection officer may be accompanied by any other person that the protection officer believes is necessary to help him or her perform his or her functions under this Act. 2015, c. 18, s. 6
Coastal Fisheries Protection Act — C-33 7.3
Stopping and detaining vehicle 7.3 A protection officer may, for a purpose related to verifying compliance with this Act, direct that any vehicle, including a fishing vessel found within Canadian fisheries waters or the NAFO Regulatory Area, be stopped and moved to another location and may detain it for a reasonable time. The person in charge of the vehicle shall comply with the directions. 2015, c. 18, s. 6
Coastal Fisheries Protection Act — C-33 7.4
Warrant to enter dwelling place 7.4 (1) If a place is a dwelling place, a protection officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing a protection officer to enter a dwelling place, subject to any conditions specified in the warrant, and authorizing any other person named in the warrant to accompany the protection officer, if the justice is satisfied by information on oath that (a) the dwelling place is a place referred to in section 7.1; (b) entry to the dwelling place is necessary to verify compliance with this Act; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. 2015, c. 18, s. 6
Coastal Fisheries Protection Act — C-33 7.5
Enforcement on high seas for unauthorized fishing in Canadian fisheries waters 7.5 (1) If a protection officer has reasonable grounds to believe that a fishing vessel of a state party to the Fish Stocks Agreement or of a state that is party to a treaty or arrangement described in paragraph 6(f) has engaged in unauthorized fishing in Canadian fisheries waters and the vessel is in an area of the sea designated under subparagraph 6(e)(ii) or (f)(ii), the officer may, with the consent of that state, take any enforcement action that is consistent with this Act. Powers not affected in case of pursuit (2) Subsection (1) does not affect any powers the protection officer has in the case of a pursuit that began while the vessel was in Canadian fisheries waters. 2015, c. 18, s. 6
Coastal Fisheries Protection Act — C-33 7.6
Search 7.6 (1) A justice, as defined in section 2 of the Criminal Code , who on ex parte application is satisfied by information on oath that there are reasonable grounds to believe that there is in a place any fish, marine plant or other thing that was obtained by or used in, or that will afford evidence in respect of, a contravention of this Act, may issue a warrant authorizing the protection officer named in the warrant to enter and search the place for the fish, marine plant or other thing, subject to any conditions specified in the warrant. Search without warrant (2) A protection officer may exercise the powers referred to in subsection (1) without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant. Search — fishing vessels ordered to port by flag state (3) A justice, as defined in section 2 of the Criminal Code , on ex parte application by a protection officer, may issue a warrant authorizing the protection officer named in the warrant to board a foreign fishing vessel that was authorized to enter Canadian fisheries waters under subparagraph 6(a)(iii) and search the vessel, or to enter any other place and search the other place, for any fish, marine plant or other thing, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) there are reasonable grounds to believe that there is in the vessel any fish, marine plant or other thing that was obtained by or used in, or that will afford evidence in respect of, a contravention of a law related to fisheries of a foreign state, any conservation or management measures of a fisheries management organization or an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement, or there is in the other place any such fish, marine plant or other thing and that fish, marine plant or other thing is from the vessel; and (b) the vessel’s flag state does not object to the search of the vessel. Presumption (4) The foreign fishing vessel’s flag state is deemed to not object to the search if the protection officer has informed the flag state of his or her intention to apply for the warrant referred to in subsection (3) and the flag state has not communicated its objection within the period prescribed by regulation. 2015, c. 18, s. 6
Coastal Fisheries Protection Act — C-33 8
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
Coastal Fisheries Protection Act — C-33 8.1
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
Coastal Fisheries Protection Act — C-33 9
Seizure 9 (1) A protection officer who believes on reasonable grounds that an offence under this Act has been committed may seize (a) any fishing vessel by means of or in relation to which the officer believes on reasonable grounds the offence was committed; (b) any goods aboard a fishing vessel described in paragraph (a) or in any other place, including fish, marine plants, tackle, rigging, apparel, furniture, stores and cargo; or (c) any fishing vessel described in paragraph (a) and any of the goods described in paragraph (b). Seizure — fishing vessels ordered to port by flag state (2) A justice, as defined in section 2 of the Criminal Code , on ex parte application by a protection officer, may issue a warrant authorizing the protection officer named in the warrant to seize any fish, marine plant or other thing in a foreign fishing vessel that was authorized to enter Canadian fisheries waters under subparagraph 6(a)(iii) or in any other place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) there are reasonable grounds to believe that there is in the vessel any fish, marine plant or other thing that was obtained by or used in, or that will afford evidence in respect of, a contravention of a law related to fisheries of a foreign state, any conservation or management measures of a fisheries management organization or an international fisheries treaty or arrangement to which Canada is party, including any conservation, management or enforcement measures taken under the treaty or arrangement, or there is in the other place any such fish, marine plant or other thing and that fish, marine plant or other thing is from the vessel; and (b) the vessel’s flag state does not object to the seizure. Presumption (3) The foreign fishing vessel’s flag state is deemed to not object to the seizure if the protection officer has informed the flag state of his or her intention to apply for the warrant and the flag state has not communicated its objection within the period prescribed by regulation. Notice (4) Before issuing a warrant under subsection (2), the justice may require that notice of the application be given to any person who has an interest in the application in order to allow that person the opportunity to make representations. R.S., 1985, c. C-33, s. 9; 1999, c. 19, s. 6 2015, c. 18, s. 7
Coastal Fisheries Protection Act — C-33 10
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
Coastal Fisheries Protection Act — C-33 11
Disposition 11 If any fish, marine plant or other thing that is perishable or susceptible to deterioration is seized under section 9, the protection officer or other person having the custody of the thing may dispose of it in any manner that he or she considers appropriate and any proceeds shall be paid to the Receiver General or deposited in a bank to the credit of the Receiver General. R.S., 1985, c. C-33, s. 11 2015, c. 18, s. 8
Coastal Fisheries Protection Act — C-33 12
Return — things seized under subsection 9(1) 12 (1) Any fishing vessel or goods seized under subsection 9(1) or the proceeds realized from a sale of the vessel or goods under section 11 shall be returned or paid to the person from whom the fishing vessel or goods were seized if the Minister decides not to institute a prosecution in respect of an offence under this Act and, in any event, shall be so returned or paid on the expiry of three months after the day on which the seizure is made unless before that time proceedings in respect of the offence are instituted. Return or payment subject to section 16.7 (2) In any event, the return of the fishing vessel or goods or the payment of the proceeds from the sale of the fishing vessel or goods are subject to section 16.7. Order to extend period of detention (3) A court may, by order, permit the vessel or goods seized under subsection 9(1) or the proceeds realized from a sale of the vessel or goods under section 11 to be detained for any further period that may be specified in the order if the Minister makes a request to that effect before the end of the period of detention in question and if the court is satisfied that it is justified in the circumstances. R.S., 1985, c. C-33, s. 12 2015, c. 18, s. 8
Coastal Fisheries Protection Act — C-33 12.1
Return — things seized under subsection 9(2) 12.1 (1) Subject to section 16.7, any fish, marine plant or other thing seized under subsection 9(2) or the proceeds realized from a sale of the fish, marine plant or other thing under section 11 shall be returned or paid to the person from whom the fish, marine plant or other thing was seized on the expiry of three months after the day on which the seizure is made unless before that time an application referred to in subsection 16.01(1) is filed. Order to extend period of detention (2) A court may, by order, permit the fish, marine plant or other thing seized under subsection 9(2) or the proceeds realized from a sale of the fish, marine plant or other thing under section 11 to be detained for any further period that may be specified in the order if the Minister makes a request to that effect before the end of the period of detention in question and if the court is satisfied that it is justified in the circumstances. 2015, c. 18, s. 8
Coastal Fisheries Protection Act — C-33 13
Redelivery pending proceedings 13 If a fishing vessel or goods have been seized under subsection 9(1) and proceedings in respect of an offence under this Act have been instituted, the court or judge may, with the consent of the protection officer who made the seizure, order redelivery of the fishing vessel or goods to the person from whom the fishing vessel or goods were seized on security by bond, with two sureties, in an amount and form satisfactory to the Minister, being given to Her Majesty. R.S., 1985, c. C-33, s. 13 2015, c. 18, s. 8
Coastal Fisheries Protection Act — C-33 14
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. R.S., 1985, c. C-33, s. 14; 1999, c. 19, s. 7(E) 2015, c. 18, s. 9