Marginal note:1991, c. 1, s. 10(1)

• 147. (1) The portion of subsection 40(1) of the English version of the Act before paragraph (a) is replaced by the following:

  Marginal note:Offence and punishment

  • 40. (1) Every person who contravenes subsection 35(1) is guilty of an offence and liable

• Marginal note:1991, c. 1, s. 10(1)

  (2) Paragraphs 40(1)(a) and (b) of the Act are replaced by the following:

  • (a) on conviction on indictment,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000, or to imprisonment for a term not exceeding three years, or to both,

    • (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and

    • (iii) in the case of a corporation that the court has determined to be a small revenue corporation,

      • (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

  • (b) on summary conviction,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not less than $5,000 and not more than $300,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000, or to imprisonment for a term not exceeding six months, or to both,

    • (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and

    • (iii) in the case of a corporation that the court has determined to be a small revenue corporation,

      • (A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

• Marginal note:1991, c. 1, s. 10(1)

  (3) The portion of subsection 40(2) of the English version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Offence and punishment

    (2) Every person who contravenes subsection 36(1) or (3) is guilty of an offence and liable

• Marginal note:1991, c. 1, s. 10(1)

  (4) Paragraphs 40(2)(a) and (b) of the Act are replaced by the following:

  • (a) on conviction on indictment,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000, or to imprisonment for a term not exceeding three years, or to both,

    • (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and

    • (iii) in the case of a corporation that the court has determined to be a small revenue corporation,

      • (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

  • (b) on summary conviction,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not less than $5,000 and not more than $300,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000, or to imprisonment for a term not exceeding six months, or to both,

    • (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and

    • (iii) in the case of a corporation that the court has determined to be a small revenue corporation,

      • (A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

• (5) Section 40 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Small revenue corporation status

    (2.1) For the purpose of subsections (1) and (2), a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’s gross revenues for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000.

  • Marginal note:Relief from minimum fine

    (2.2) The court may impose a fine that is less than the minimum amount provided for in subsection (1) or (2) if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court shall provide reasons if it imposes a fine that is less than the minimum amount provided for in either of those subsections.

• (6) Paragraph 40(3)(a) of the Act is replaced by the following:

  • (a) in carrying on a work, undertaking or activity, fails to comply with a prescribed condition of an authorization under paragraph 35(2)(a) or (c), with a condition established by the Minister under paragraph 35(2)(b), or with a condition set out in the regulations or established under any other authorization issued under this Act,

  • (a.1) fails to provide any material or information as requested by the Minister under subsection 37(1) within a reasonable time after the request is made,

• (7) Paragraph 40(3)(a.1) of the Act is replaced by the following:

  • (a.1) fails to provide any material or information as requested by the Minister under subsection 37(1) or (1.1) within a reasonable time after the request is made,

• (8) Paragraphs 40(3)(c) to (f) of the Act are replaced by the following:

  • (c) fails to provide notification that he or she is required to provide under subsection 38(4) or (5),

  • (d) carries on any work, undertaking or activity described in subsection 37(1)

    • (i) otherwise than in accordance with any material or information relating to the work, undertaking or activity that he or she provides to the Minister under subsection 37(1),

    • (ii) otherwise than in accordance with any such material or information as required to be modified by any order of the Minister under paragraph 37(2)(a), or

    • (iii) contrary to any order made by the Minister under subsection 37(2),

  • (e) fails to take any reasonable measures that he or she is required to take under subsection 38(6) or fails to take those measures in the required manner,

  • (f) fails to provide a report that he or she is required to provide under subsection 38(7), or

  • (g) fails to comply with the whole or any part of a direction of an inspector or a fishery officer under subsection 38(7.1),

• (9) The portion of paragraph 40(3)(d) of the Act before subparagraph (ii) is replaced by the following:

  • (d) carries on any work, undertaking or activity described in subsection 37(1) or (1.1)

    • (i) otherwise than in accordance with any material or information relating to the work, undertaking or activity that he or she provides to the Minister under subsection 37(1) or (1.1),

• (10) Subsection 40(3) of the Act is amended by striking out “or” at the end of paragraph (f), by adding “or” and the end of paragraph (g) and adding the following after paragraph (g):

  • (h) fails to comply with a request of the Minister made under section 20,

Marginal note:1991, c. 1, s. 11.1

148. Subsection 42.1(1) of the Act is replaced by the following:

• 149. (1) Section 43 of the Act is amended by adding the following after paragraph (i):

  • (i.1) for the purposes of paragraphs 32(2)(a) and 35(2)(a), prescribing anything that is authorized to be prescribed;

  • (i.2) respecting applications for the authorizations referred to in paragraph 32(2)(c) or (d) or 35(2)(b) or (c);

  • (i.3) prescribing the conditions under which and requirements subject to which persons or entities referred to in paragraph 32(2)(d) or 35(2)(c) may grant the authorization;

  • (i.4) respecting time limits for issuing authorizations referred to in paragraph 32(2)(c) or (d) or 35(2)(b) or (c), or for refusing to do so;

• (2) Paragraphs 43(1)(i.1) to (i.4) of the Act are replaced by the following:

  • (i.01) excluding fisheries from the definitions “Aboriginal”, “commercial” and “recreational”;

  • (i.1) for the purposes of paragraph 35(2)(a), prescribing anything that is authorized to be prescribed;

  • (i.2) respecting applications for the authorizations referred to in paragraph 35(2)(b) or (c);

  • (i.3) prescribing the conditions under which and requirements subject to which persons or entities referred to in paragraph 35(2)(c) may grant the authorization;

  • (i.4) respecting time limits for issuing authorizations referred to in paragraph 35(2)(b) or (c), or for refusing to do so;

• (3) Section 43 of the Act is amended by deleting “and” at the end of paragraph (l) and by adding the following after paragraph (m):

  • (n) establishing a list of aquatic invasive species;

  • (o) respecting the control of aquatic invasive species, including regulations

    • (i) respecting the prevention of the spread of such species,

    • (ii) respecting the possession of members of such species, and their import, export and transport,

    • (iii) respecting the release of members of such species into Canadian fisheries waters,

    • (iv) respecting the handling of members of such species, or

    • (v) requiring any person to keep any record, book or other document containing any information relevant to the control of such species, and respecting where, how and how long they are to be kept; and

  • (p) prescribing anything that is required or authorized by this Act to be prescribed.

• (4) Section 43 of the Act is renumbered as subsection 43(1) and is amended by adding the following:

  • Marginal note:Regulations — Governor in Council

    (2) The Governor in Council may make regulations establishing conditions for the exercise of the Minister’s power to make regulations under subsection (3).

  • Marginal note:Amendments to list of aquatic invasive species

    (3) The Minister may, by regulation, add species to the list of aquatic invasive species established by regulations made under paragraph (1)(n) or remove species from that list, and vary the places to which regulations made under paragraph (1)(o) apply.

  • Marginal note:Statutory Instruments Act

    (4) Regulations made under subsection (3) are exempt from section 3 of the Statutory Instruments Act.

• (5) Section 43 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Regulations exempting certain Canadian fisheries waters

    (5) The Governor in Council may make regulations exempting any Canadian fisheries waters from the application of sections 20, 21 and 35 and subsection 38(4).

150. The Act is amended by adding the following after section 43:

Marginal note:1991, c. 1, s. 18

151. Subsection 63(1) of the Act is replaced by the following:

Marginal note:1991, c. 1, s. 19

152. The heading before section 66 and sections 66 and 67 of the Act are repealed.

Marginal note:1991, c. 1, s. 21

153. Section 69 of the Act is repealed.

Marginal note:1991, c. 1, s. 26

154. Section 82 of the Act is replaced by the following:

155. The Act is amended by adding the following after section 88: