Compliance and Enforcement Policy for the Habitat Protection and Pollution Prevention Provisions of the Fisheries Act

Annex F
Fines and Sentences for Offences under the Habitat Protection and Pollution Prevention Provisions of the Fisheries Act

Violation of sections 35 and 36

Summary Conviction - Every person who contravenes subsection 35(1), 36(1) or 36(3) and is guilty of an offence punishable on summary conviction is liable, for a first offence, to a fine to a maximum of $300,000, and for any subsequent offence to a fine up to a maximum of $300,000 and/or imprisonment up to six months.

Indictable Offence - Every person who contravenes subsection 35(1), 36(1) or 36(3) and is guilty of an indictable offence is liable, for a first offence, to a fine to a maximum of one million dollars and, for any subsequent offence, to a fine up to one million dollars and/or imprisonment up to three years.

Other Violations

Under subsection 40(3), the following offences are punishable on summary conviction for a first offence by a fine not exceeding $200,000 and for subsequent offences by a fine not exceeding $200,000 and/or imprisonment up to six months:

• failure to provide plans pursuant to subsection 37(1);
• failure to provide information required under regulations pursuant to subsection 37(3);
• failure to report a deposit of a deleterious substance pursuant to subsection 38(4);
• failure to carry out work in accordance with plans, specifications, orders, etc. pursuant to section 37;
• failure to take reasonable measures required to prevent or mitigate the deposit of a deleterious substance under subsection 38(5); and
• failure to comply with the directions of a Fishery Inspector pursuant to subsection 38(6).

Under section 66, every owner or occupier of an obstruction across or in any stream who refuses or neglects to provide and maintain a fishway or canal in accordance with section 20, to install and maintain fish stops or diverters in accordance with subsection 21(4) or to provide for a sufficient flow of water and the free passage of fish in accordance with section 22 is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding $200,000 and, for any subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

Under section 69, every owner or occupier of a water intake, ditch, channel or canal referred to in subsection 30(1) who refuses or neglects to provide and maintain a fish guard, screen, covering or netting in accordance with subsections 30(1) to (3), permits the removal of a fish guard, screen, covering or netting in contravention of subsection 30(3) or refuses or neglects to close a sluice or gate in accordance with subsection 30(4) is guilty of an offence punishable on summary conviction and liable, for a first offence, to a fine not exceeding $200,000 and, for any subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

Section 78 of the Act specifies that except as otherwise provided for in the Act offenders are guilty of an offence, punishable on summary conviction and liable for a first offence, to a fine not exceeding $100,000 and for subsequent offences to a fine not exceeding $100,000 and/or imprisonment for up to one year; or guilty of an indictable offence, and liable for a first offence, to a fine not exceeding $500,000 and, for any subsequent offence, to a fine not exceeding $500,000 and/or to imprisonment for a term up to two years.

Under section 79.6, a person convicted of an offence under the Act who subsequently contravenes court orders made under sections 79.2 or 79.3 is guilty of an offence punishable on summary conviction and liable to a punishment not exceeding the maximum punishment to which a person is liable on summary conviction for the original offence, or in the case of an indictable offence, liable to a punishment not exceeding the maximum punishment to which a person is liable on conviction by way of indictment for the original offence.