Freshwater Fish Marketing Act (R.S.C., 1985, c. F-13)

Regulations

Marginal note:Regulations

21 The Governor in Council may by regulation

• (a) add to the schedule any species of fish that are fished in a participating province or delete from the schedule any species of fish enumerated therein; or

• (b) exempt from the application of all or any of the provisions of this Part, either conditionally or unconditionally and either in general terms or for a specified period, any species of fish enumerated in the schedule, any area or region in a participating province or any transaction, person or class of transactions or persons.

Duties and Powers of the Corporation

Marginal note:Corporation to undertake interprovincial and export marketing of fish

• 22 (1) Subject to section 20, the Corporation has the exclusive right to trade in and to market fish in interprovincial and export trade and shall exercise that right, either by itself or by its agents, with the object of

  • (a) marketing fish in an orderly manner;

  • (b) increasing returns to fishermen; and

  • (c) promoting international markets for, and increasing interprovincial and export trade in, fish.

• Marginal note:Corporation to buy all fish offered

  (2) All fish lawfully fished by a fisherman and offered by the fisherman for sale to the Corporation for disposal in interprovincial or export trade shall be bought by the Corporation from the fisherman on such terms and conditions and for such price as may be agreed on by the Corporation and the fisherman subject to any applicable scheme for payment established and operated by the Corporation pursuant to section 23.

• Marginal note:Marketing of fish

  (3) The Corporation shall determine the form in which fish bought by it pursuant to this section shall be marketed and shall carry out or cause to be carried out any processing or preparation for market that it deems necessary, and the Corporation shall market the fish at such times and places and in such manner as in its opinion will best achieve the attainment of the objects mentioned in subsection (1).

Marginal note:Price systems and pooling authorized

23 The Corporation may develop, establish and operate schemes for payment for fish bought by it pursuant to this Part that provide for either or both

• (a) a system of initial and final prices or payments; and

• (b) the pooling of receipts for fish, including the operation of pool accounts, either generally or in relation to the area or region where the fish were fished, or the species, volume or quality of the fish sold to the Corporation, or on such other basis as the Corporation deems appropriate.

Agreements Respecting Participation

Definition of province to which this section applies

• 24 (1) In this section, province to which this section applies means any of the following provinces or territories, namely, Ontario, Manitoba, Saskatchewan, Alberta, the Northwest Territories or Nunavut.

• Marginal note:Participation agreements

  (2) With the approval of the Governor in Council, the Minister may, on behalf of the Government of Canada, enter into an agreement with the government of any province to which this section applies, providing for

  • (a) the sharing by the province with the Government of Canada of initial operating and establishment expenses of the Corporation and of any losses incurred as a result of the guarantee, under paragraph 16(1)(a), of repayments of loans, and interest thereon, made by any bank to the Corporation;

  • (b) the performance by the Corporation, on behalf of the province, of functions relating to intraprovincial trade in fish;

  • (c) the undertaking by the province of arrangements for the payment, to the owner of any plant or equipment used in storing, processing or otherwise preparing fish for market, of compensation for any such plant or equipment that will or may be rendered redundant by reason of any operations authorized to be carried out by the Corporation under this Part; and

  • (d) such other matters as may be agreed on by the Minister and the government of the province.

Enforcement

Marginal note:Inspectors

• 25 (1) The Governor in Council may designate any qualified person as an inspector for the purposes of this Part.

• Marginal note:Certificate to be produced

  (2) An inspector shall be furnished with a certificate of his designation as an inspector and on entering any place, premises or conveyance referred to in subsection 26(1) shall, if so required, produce the certificate to the person in charge thereof.

Marginal note:Powers of inspectors

• 26 (1) Subject to subsection (1.1), an inspector may at any reasonable time

  • (a) enter any place or premises that the inspector believes on reasonable grounds is being used to store, pack, process or prepare fish for market or shipment or any vehicle, trailer, vessel, railway car or aircraft that the inspector believes on reasonable grounds is being used to ship or convey fish for market;

  • (b) open any container found therein or examine anything found therein that the inspector believes on reasonable grounds contains any such fish, and take samples thereof; and

  • (c) require any person to produce for inspection or for the purpose of obtaining copies thereof or extracts therefrom, any books, shipping bills, bills of lading, invoices or other documents or papers concerning any matter relevant to the administration of this Part.

• Marginal note:Warrant required to enter dwelling-house

  (1.1) Where any place or premises referred to in paragraph (1)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).

• Marginal note:Authority to issue warrant

  (1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

  • (a) that the conditions for entry described in paragraph (1)(a) exist in relation to a dwelling-house,

  • (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

  • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

  the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

• Marginal note:Use of force

  (1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

• Marginal note:Assistance to inspectors

  (2) The owner or person in charge of any place, premises or conveyance referred to in subsection (1) and every person found therein shall give an inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Part and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Part.

Marginal note:Seizure

• 27 (1) Where an inspector believes on reasonable grounds that any provision of this Part has been contravened, the inspector may seize and detain the fish by means of or in relation to which he believes on reasonable grounds the contravention was committed.

• Marginal note:Detention

  (2) Any fish seized and detained pursuant to subsection (1) shall not be detained after

  • (a) in the opinion of an inspector, the provisions of this Part have been complied with, or

  • (b) the expiration of ninety days after the date of seizure,

  unless before that time proceedings have been instituted in respect of the contravention, in which event the fish may be detained until the proceedings are finally concluded.

• Marginal note:Forfeiture

  (3) Where a person has been convicted of a contravention of any provision of this Part, any fish by means of or in relation to which the offence was committed is, on the conviction, in addition to any punishment imposed, forfeited to Her Majesty if the forfeiture is directed by the court.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations

  • (a) respecting the detention of fish seized under this section and for preserving or safeguarding the fish so detained; and

  • (b) respecting the disposition of fish forfeited under this section.

Marginal note:Obstruction and false statements

28 No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, an inspector while the inspector is engaged in carrying out his duties or functions under this Part.

Offences and Punishment

Marginal note:Contravention of this Part

• 29 (1) Every person who, or whose employee or agent, contravenes any provision of this Part

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Offence by employee or agent

  (2) In any prosecution for an offence under this Part, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

• Marginal note:Limitation period

  (3) Any proceedings by way of summary conviction in respect of an offence under this Part may be instituted at any time within but not later than one year after the time when the subject-matter of the proceedings arose.

Marginal note:Evidence with respect to geographical origin

30 In any prosecution for an offence under this Part, evidence that a container was marked in such a manner as to indicate or give rise to a reasonable belief that the fish contained therein were the product of or were fished in a particular participating province or a particular area or region in the province is, in the absence of evidence to the contrary, proof that the fish contained therein were fished in that province.

Marginal note:Venue

31 A complaint or information in respect of an offence under this Part may be heard, tried or determined by a provincial court judge or a justice if the accused is resident or carrying on business within the territorial jurisdiction of that provincial court judge or justice, although the matter of the complaint or information did not arise in that territorial jurisdiction.

PART IVAnnual Report

Marginal note:Submission to lieutenant governors

32 The Corporation shall submit a copy of each annual report of the Corporation prepared in accordance with section 150 of the Financial Administration Act to the lieutenant governor in council of each participating province.