Compliance and Enforcement Policy for the Habitat Protection and Pollution Prevention Provisions of the Fisheries Act - November 2001
- 1. What are Compliance and Enforcement?
- 2. Guiding Principles
- 3. Jurisdiction and Responsibilities
- 4. Measures to Promote Compliance
- 5. Inspection and Investigation
- 6. Responses to Alleged Violations
- 7. Penalties and Court Orders Upon Conviction
- 8. Civil Suit by the Crown to Recover Costs
What are Compliance and Enforcement?
The terms "compliance" and "enforcement" are used many times throughout this Policy. For purposes of clarity, these terms are defined below.
Compliance means the "state of conformity" with the law. Regulatory officials will secure compliance with the habitat protection and pollution prevention provisions of the Fisheries Act through two types of activity: promotion and enforcement.
Measures to promote compliance include:
- communication and publication of information;
- public education;
- consultation with parties affected by these provisions of theFisheries Act; and
- technical assistance.
Enforcement is achieved through the exercise or application of powers granted under legislation. Enforcement of the habitat protection and pollution prevention provisions is carried out through the following activities:
- inspections to monitor or verify compliance;
- investigations of alleged violations;
- issuance of warnings, directions by Fishery Inspectors, authorizations, and Ministerial orders, without resorting to court action; and
- court actions, such as injunctions, prosecution, court orders upon conviction, and civil suits for recovery of costs.
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