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The Fisheries Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1994, c. 6

The Fisheries Amendment Act

(Assented to July 5, 1994)

HER MAJESTY, by and with the consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. F90 amended

1           The Fisheries Act is amended by this Act.

2(1)        Subsection 15(1) is amended by striking out "and Part IV" and substituting ", Parts I and IV".

2(2)        Subsection 15(2) is repealed and the following is substituted:

Inspection

15(2)        An inspector may, at any reasonable time and where reasonably required to determine compliance with this Act or the regulations, without a warrant, enter and inspect any place, including any premises, vehicle, aircraft, boat or railway car, other than a dwelling, and may

(a) open any container that the inspector has reason to believe contains fish;

(b) examine any fish that the inspector finds and take samples of it; and

(c) require any person to produce for examination or copying any records, bills of lading or other documents.

3(1)        Subsection 17(1) is repealed and the following is substituted:

Search and seizure

17(1)       An inspector who believes on reasonable grounds that

(a) an offence against this Act or the regulations has occurred or is occurring; and

(b) there is to be found in any place, including any premises, vehicle, aircraft, boat or railway car, any fish or other thing that will afford evidence of the offence;

may, with a warrant issued under subsection (1.1), enter and search any place for the fish or other thing and may seize it.

Warrant

17(1.1)      A justice who is satisfied by information upon oath that there are reasonable grounds to believe that there is in any place referred to in subsection (1) any fish or other thing referred to in that subsection may issue a warrant authorizing an inspector and such other persons as may be named in the warrant to enter and search the place for the fish or other thing and to seize it.

Where warrant not necessary

17(1.2)      Notwithstanding subsection (1), an inspector may exercise the power of search and seizure referred to in that subsection without a warrant if the conditions for obtaining a warrant exist but it is not practicable in the circumstances to obtain one.

3(2)        Subsection 17(2) is amended

(a) by striking out "subsection (1)" and substituting "this section"; and

(b) by striking out "and containers" wherever it occurs and substituting "and other things".

4           The following is added after section 17:

Inspector may stop vehicle

17.1        An inspector, in the execution of his or her duties and responsibilities under this Act or the regulations or under any other enactment, may signal or request any person driving a vehicle or boat to stop, and the person shall immediately bring the vehicle or boat to a stop and shall not proceed until permitted to do so by the inspector.

5           Subsection 25(1) is amended by striking out "$500." and substituting "$10,000.".

Coming into force

6           This Act comes into force on the day it receives royal assent.