Marginal note:Failure to act
28. A person who neither pays the penalty nor makes representations in accordance with the notice of violation is considered to have committed the violation, and the enforcement officer shall impose the penalty proposed and notify the person of it.
Appeal to Minister
Marginal note:Right of appeal
29. (1) A person served with notice of a decision made under paragraph 27(1)(b) may, within 30 days after the notice is served, or within any longer period that the Minister allows, appeal the decision to the Minister.
Marginal note:Powers of Minister
(2) On an appeal, the Minister may confirm, set aside or vary the decision of the enforcement officer.
Rules about Violations
Marginal note:Vicarious liability — acts of employees, agents and mandataries
30. A person is liable for a violation that is committed by the person’s employee acting in the course of the employment or the person’s agent or mandatary acting within the scope of their authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against.
Marginal note:Due diligence
31. Due diligence is a defence in a proceeding in relation to a violation.
Marginal note:Continuing violation
32. A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.
Marginal note:Limitation period
33. Any proceedings in respect of a violation may be instituted at any time within, but not later than, two years after the time when the subject-matter of the proceedings arose.
Marginal note:Violation or offence
34. (1) If it is possible to proceed with any act or omission as a violation and it is also possible to proceed with it as an offence, proceeding in one manner precludes proceeding in the other.
Marginal note:Violations not offences
(2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of one.
Marginal note:Admissibility of documents
35. In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 25(1) or 27(1) or (4) or given under section 28 or a certificate issued under subsection 37(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation or a prosecution for an offence.
Recovery of Penalties and Amounts
Marginal note:Debts to Her Majesty
36. (1) A penalty imposed under this Act and an amount referred to in subsection 27(4) each constitute a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court or any other court of competent jurisdiction.
Marginal note:Time limit
(2) No proceedings to recover such a debt may be commenced later than seven years after the debt became payable.
Marginal note:Proceeds payable to Receiver General
(3) Each such debt is payable to the Receiver General.
37. (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 36(1).
Marginal note:Registration in Federal Court
(2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate issued under subsection (1) has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.
Marginal note:Contravention — section 5, 13 or 14 or subsection 16(1)
38. (1) Every person who contravenes section 5 or subsection 16(1) or an order made under section 13 or 14 is guilty of an offence and liable on summary conviction
(a) in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 18 months, or to both; and
(b) in any other case, to a fine not exceeding $250,000.
Marginal note:Contravention — section 15 or subsection 18(5) or (6)
(2) Every person who contravenes subsection 18(5) or (6) or an order made under section 15 is guilty of an offence and liable on summary conviction
(a) in the case of an individual, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding six months, or to both; and
(b) in any other case, to a fine not exceeding $125,000.
Marginal note:Jurisdiction — contravention outside Canada
39. (1) If a person is alleged to have committed an act or omission that is a contravention of section 5 because of the application of section 6, proceedings in relation to that contravention may, whether or not the person is in Canada, be commenced in any territorial division in Canada, and the person may be tried and punished in respect of that offence in the same manner as if it had been committed in that territorial division.
Marginal note:Appearance of accused at trial
(2) The provisions of the Criminal Code, including their exceptions, relating to requirements that an accused appear at and be present during proceedings apply in respect of proceedings commenced in a territorial division under subsection (1).
Marginal note:Offence dealt with outside Canada
(3) If a person is alleged to have committed an act or omission referred to in subsection (1) and the person has been dealt with outside Canada for the contravention in a manner that, if the person had been dealt with in Canada for the contravention in that manner, would allow the person to plead autrefois acquit, autrefois convict or pardon, the person is deemed to have been so dealt with in Canada.
Marginal note:Liability of officers, directors, agents or mandataries
40. If a corporation commits an offence under this Act, any officer, director, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
Marginal note:Offences by employees, agents or mandataries
41. In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, an agent or a mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence.
- Date modified: