Canada–Newfoundland and Labrador Atlantic Accord Implementation Act (S.C. 1987, c. 3)

Act current to 2015-05-11 and last amended on 2014-12-31. Previous Versions

Marginal note:Time limited for summary conviction proceedings

 Proceedings by way of summary conviction for an offence under this Part may be instituted at any time within but no later than three years after the day on which the subject-matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree.

  • 1987, c. 3, s. 199;
  • 2014, c. 13, s. 41.
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.

  • 1987, c. 3, s. 200;
  • 2014, c. 13, s. 42(F).
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.

Marginal note:Information

 In any proceedings for an offence under this Part

  • (a) an information may include more than one offence committed by the same person;

  • (b) all those offences may be tried concurrently; and

  • (c) one conviction for any or all offences so included may be made.

  • 2014, c. 13, s. 43.

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”.