LEGISLATION 



At the part of the 1968-9 Session of the Legislature that 

 convened on the 19th day of November, 1968, and ad- 

 journed on the 27th day of June, 1969, one statute adminis- 

 tered by the Department was re-enacted, one statute to be 

 administered by the Department was enacted, and amend- 

 ments were made to one statute administered by the Depart- 

 ment. 



THE FISH INSPECTION 

 AMENDMENT ACT, 1968-69 



Three amendments were made to The Fish Inspection Act 

 and came into force on May 13, 1969. 



Clause d of subsection 1 of the Act was re-enacted to 

 define an inspector as a person appointed by the Minister 

 as an inspector under the Act or a person declared to be an 

 inspector, ex officio, under the Act. 



New section la was added to the Act authorizing the 

 Minister to appoint inspectors and the Lieutenant Governor 

 in Council to declare that inspectors appointed under the 

 Fish Inspection Act (Canada) are ex officio inspectors. 



Clause ca was added to subsection 1 of section 13 per- 

 mitting the making of regulations prescribing the duties of 

 inspectors. 



THE FRESHWATER FISH 

 MARKETING ACT, 1968-69 



This new Act provides for the marketing of freshwater fish 

 in a designated part of Ontario and the participation of the 

 fishermen in the designated part in a plan of fish marketing 

 being established under federal legislation, i.e., the Fresh- 

 water Fish Marketing Act (Canada), controlling fish market- 

 ing in the Prairie Provinces, the territories and the desig- 

 nated area of Ontario. 



Section 1 is the definition section. 



Section 2 authorizes the Lieutenant Governor in Council 

 to make regulations designating the corporation established 

 under the federal Act, i.e., the Freshwater Fish Marketing 

 Corporation, as the body to control the selling and buying 

 of fish in the part of Ontario designated in the regulations. 

 Where this is done, the Lieutenant Governor in Council may 

 recommend the appointment of a director of the corpora- 

 tion. 



LJnder section 3, where a regulation has been made under 

 section 2, all fish of the species listed in the federal Act law- 

 fully fished by a fisherman and offered by him for sale to 

 the corporation for disposal in intra-provincial trade shall 

 be bought by the corporation. 



Section 4 authorizes the appointment of inspectors by 

 the Minister and the declaration by the Lieutenant Governor 

 in Council that federal officers under the Fish Inspection 

 Act (Canada) and the Freshwater Fish Marketing Act 

 (Canada) are ex officio inspectors. 



Section 5 sets out the powers of inspectors such as the 

 power to inspect commercial premises and vehicles, open 

 containers and take samples and require production of 

 documents. Persons in charge of premises are required to 

 provide all reasonable assistance and information to inspec- 

 tors. 



Section 6 permits an officer who believes on reasonable 

 grounds that a provision of the Act has been contravened 

 to seize and obtain fish which may not be detained for more 

 than 90 days unless proceedings have been instituted in 

 respect of the contravention. Upon conviction, the fish are 

 forfeited to Her Majesty upon the order of the court. 



Section 7 makes it an offence to obstruct an officer or give 

 an officer false or misleading statements. 



Section 8 provides that except under a licence or as per- 

 mitted by the regulations no person other than the cor- 

 poration or its agent may buy or sell fish listed in the sched- 

 ule to the federal Act and taken in the designated part of 

 Ontario. 



Section 9 authorizes the Minister with the approval of the 

 Lieutenant Governor in Council to enter into agreements 

 with the government of Canada for the sharing of the initial 

 operating and establishment expenses of the corporation 

 and the guarantee of losses of the corporation, the perform- 

 ance of the corporation on behalf of Ontario of functions 

 relating to intra-provincial trade in fish, the undertaking by 

 Ontario of arrangements for the payment for plant and 

 equipment that becomes redundant by reason of the opera- 

 tions of the corporation and such other matters as may be 

 agreed upon. 



A penalty of not more than $5,000.00 is provided by sec- 

 tion 10 for contravention of the Act or the regulations. 



Section 11 provides that in the prosecution of an offence 

 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, unless the accused establishes that the offence 

 was committed without his knowledge or consent and that 

 he exercised all due diligence to prevent its commission. 



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