Canada-Newfoundland Atlantic Accord Implementation Act (S.C. 1987, c. 3)

Act current to 2014-10-27 and last amended on 2010-04-01. Previous Versions

 [Repealed, 1992, c. 35, s. 82]

Marginal note:Order to comply

 Where a person is guilty of an offence under this Part, a court may, in addition to any other penalty it may impose, order that person to comply with the provisions of the Part, regulation or order for the contravention of which that person has been convicted.

Marginal note:Continuing offences

 Where an offence under this Part is committed on more than one day or is continued for more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

 [Repealed, 1992, c. 35, s. 83]

Marginal note:Time limited for proceedings

 A prosecution for an offence under this Part may be instituted at any time within two years after the time when the subject-matter of the complaint arose.

Marginal note:Evidence

 In any prosecution for an offence under this Part, a copy of any order or other document purporting to have been made pursuant to this Part or the regulations and purporting to have been signed by the person authorized by this Part or the regulations to make that order or document is, in the absence of any evidence to the contrary, proof of the matters set out therein.

Marginal note:Jurisdiction of judge or justice

 Any complaint or information in respect of an offence under this Part may be heard, tried or determined by a justice or judge if the accused is resident or carrying on business within the territorial jurisdiction of that justice or judge although the matter of the complaint or information did not arise in that territorial jurisdiction.

Marginal note:Action to enjoin not prejudiced by prosecution
  •  (1) Notwithstanding that a prosecution has been instituted in respect of an offence under this Part, the regulations or any order made pursuant to this Part or the regulations, the Board may commence and maintain an action to enjoin the committing of any contravention of this Part, the regulations or any order made pursuant to this Part or the regulations.

  • Marginal note:Civil remedy not affected

    (2) No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Part.

Regulations

Marginal note:Regulations

 Subject to section 7, the Governor in Council may make such regulations not inconsistent with this Part as may be deemed necessary for carrying out the purposes of this Part, and, without limiting the generality of the foregoing, may make regulations defining and distinguishing more particularly for the purposes of Divisions I and II the expressions “oil” and “gas”.