International Boundary Waters Treaty Act (R.S.C., 1985, c. I-17)

Marginal note:Rights of aboriginal peoples

21.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of these rights in section 35 of the Constitution Act, 1982.

Marginal note:Offences

• 22. (1) Every person who contravenes subsection 11(1), 12(1) or 13(1) is guilty of an offence and liable

  • (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; or

  • (b) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both.

• Marginal note:Continuing offences

  (2) A contravention of subsection 11(1), 12(1) or 13(1) that is committed or continued on more than one day is deemed to constitute a separate offence for each day on which the contravention is committed or continued.

Marginal note:Additional fine

23. If a person is convicted of an offence of having contravened subsection 11(1), 12(1) or 13(1), the convicting court may, if satisfied that the person acquired monetary benefits or that monetary benefits accrued to the person as a result of committing the offence, order the person to pay an additional fine above the maximum amount of any fine that may otherwise be imposed under section 22, in an amount equal to the court’s finding of the amount of those monetary benefits.

Marginal note:Offences by corporate officers, etc.

24. If a corporation commits an offence under this Act, an 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 on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted.

Marginal note:Offences by employees, agents or mandataries

25. In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the accused exercised all due diligence to prevent the commission of the offence.

Marginal note:Injunctions

• 26. (1) When, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done or is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering any person named in the application

  • (a) to refrain from doing any act or thing that it appears to the court may constitute or be directed toward the commission of the offence; or

  • (b) to do any act or thing that it appears to the court may prevent the commission of the offence.

• Marginal note:Notice

  (2) No injunction shall issue under subsection (1) unless 48 hours notice is given to the party or parties named in the application or the urgency of the situation is such that service of notice would not be in the public interest.