Antarctic Environmental Protection Act (S.C. 2003, c. 20)

Act current to 2016-01-25 and last amended on 2012-07-06. Previous Versions

Marginal note:Determination of small revenue corporation status

 For the purpose of sections 50 and 50.1, a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’s gross revenues for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000.

  • 2009, c. 14, s. 12.
Marginal note:Offence — vessels
  •  (1) Every Canadian vessel or other vessel commits an offence that contravenes

    • (a) subsection 9(1), section 11, subsection 13(1), any of sections 14 to 16, any of subsections 18(1) to (3) or section 20;

    • (b) any provision of the regulations designated by regulations made under paragraph 26(1)(j.1); or

    • (c) any order or direction made under this Act, including one made by a court.

  • Marginal note:Penalty — vessels of 7 500 tonnes deadweight or over

    (2) Every Canadian vessel or other vessel of 7 500 tonnes deadweight or over that commits an offence under subsection (1) is liable,

    • (a) on conviction on indictment,

      • (i) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.

  • Marginal note:Penalty — other vessels

    (3) Every Canadian vessel or other vessel of less than 7 500 tonnes deadweight that commits an offence under subsection (1) is liable,

    • (a) on conviction on indictment,

      • (i) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

  • 2009, c. 14, s. 12.
Marginal note:Offences — vessels
  •  (1) Every Canadian vessel or other vessel commits an offence that contravenes any provision of this Act or the regulations, other than a provision whose contravention is an offence under subsection 50.3(1).

  • Marginal note:Penalty — vessels of 7 500 tonnes deadweight or over

    (2) Every Canadian vessel or other vessel of 7 500 tonnes deadweight or over that commits an offence under subsection (1) is liable,

    • (a) on conviction on indictment,

      • (i) for a first offence, to a fine of not more than $500,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $1,000,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not more than $250,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $500,000.

  • Marginal note:Penalty — other vessels

    (3) Every Canadian vessel or other vessel of less than 7 500 tonnes deadweight that commits an offence under subsection (1) is liable,

    • (a) on conviction on indictment,

      • (i) for a first offence, to a fine of not more than $250,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $500,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not more than $50,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $100,000.

  • 2009, c. 14, s. 12.
Marginal note:Deeming — second and subsequent offence
  •  (1) For the purposes of subsections 50(2) to (4), 50.1(2) to (4), 50.3(2) and (3) and 50.4(2) and (3), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted — under any Act of Parliament, or any Act of the legislature of a province, that relates to environmental or wildlife conservation or protection — of a substantially similar offence.

  • Marginal note:Application

    (2) Subsection (1) applies only to previous convictions on indictment and to previous convictions on summary conviction, and to previous convictions under any similar procedure under any Act of the legislature of a province.

  • 2009, c. 14, s. 12.
Marginal note:Relief from minimum fine

 The court may impose a fine that is less than the minimum amount provided for in section 50 or 50.3, as the case may be, if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court shall provide reasons if it imposes a fine that is less than the minimum amount provided for in any of those sections.

  • 2009, c. 14, s. 12.
Marginal note:Additional fine

 If a person or a Canadian vessel or other vessel is convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, the person — or, if the offender is a Canadian vessel or other vessel, the owner or operator of the vessel — acquired any property, benefit or advantage, the court shall order the offender to pay an additional fine in an amount equal to the court’s estimation of the value of that property, benefit or advantage. The additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act.

  • 2009, c. 14, s. 12.
Marginal note:Notice to shareholders

 If a corporation that has shareholders is convicted of an offence under this Act, the court shall make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed.

  • 2009, c. 14, s. 12.
Marginal note:Fundamental purpose of sentencing

 The fundamental purpose of sentencing for offences under this Act is to contribute to respect for the law protecting the Antarctic environment and dependent and associated ecosystems in light of the global significance of the Antarctic and the Treaty through the imposition of just sanctions that have as their objectives

  • (a) to deter the offender and any other person from committing offences under this Act;

  • (b) to denounce unlawful conduct that damages or creates a risk of damage to the environment; and

  • (c) to reinforce the “polluter pays” principle by ensuring that offenders are held responsible for effective clean-up and environmental restoration.

  • 2009, c. 14, s. 12.
Marginal note:Sentencing principles
  •  (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court shall consider the following principles when sentencing a person who is convicted of an offence under this Act:

    • (a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and

    • (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence.

  • Marginal note:Aggravating factors

    (2) The aggravating factors are the following:

    • (a) the offence caused damage or risk of damage to the Antarctic environment or any dependent and associated ecosystem;

    • (b) the damage caused by the offence is extensive, persistent or irreparable;

    • (c) the offender committed the offence intentionally or recklessly;

    • (d) the offender failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so;

    • (e) by committing the offence or failing to take action to prevent its commission, the offender increased revenue or decreased costs or intended to increase revenue or decrease costs;

    • (f) the offender committed the offence despite having been warned by an enforcement officer or an inspector of the circumstances that subsequently became the subject of the offence;

    • (g) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife conservation or protection; and

    • (h) after the commission of the offence, the offender

      • (i) attempted to conceal its commission,

      • (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or

      • (iii) failed to take prompt action to reduce the risk of committing similar offences in the future.

  • Marginal note:Absence of aggravating factor

    (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor.

  • Meaning of damage

    (4) For the purposes of paragraphs (2)(a) and (b), damage includes loss of use value and non-use value.

  • Marginal note:Reasons

    (5) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, the court shall give reasons for that decision.

  • 2009, c. 14, s. 12.
 
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