Marginal note:Other offences

41. Any person who

• (a) contravenes or fails to comply with subsection 36(4), section 38 or any regulations made under paragraph 33(1)(p), (q) or (r), or

• (b) except as authorized pursuant to this Act or any other Act of Parliament, wilfully obstructs or otherwise interferes with a licensee or any person acting on behalf of a licensee in the exercise of any rights granted to the licensee under this Act

is guilty of an offence punishable on summary conviction.

Marginal note:Limitation period

42. Proceedings in respect of an offence under this Act 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:Action to enjoin not prejudiced by prosecution

• 43. (1) Notwithstanding that a prosecution has been instituted in respect of an offence under section 40, the Attorney General of Canada may commence and maintain proceedings to enjoin conduct that constitutes an offence thereunder.

• 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 Act.

Marginal note:Certificate of analyst

• 44. (1) Subject to this section, a certificate purporting to be signed by an analyst and stating that the analyst has analysed or examined a sample submitted to the analyst by an inspector and stating the result of the analysis or examination is admissible in evidence in any prosecution under this Act and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.

• Marginal note:Attendance of analyst

  (2) A party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

• Marginal note:Notice

  (3) No certificate shall be admitted in evidence pursuant to subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.

Marginal note:Members of the Board

45. Persons who, pursuant to the Northern Inland Waters Act, were members of the Northwest Territories Water Board immediately before the coming into force of this Act continue as such thereafter as if they had been appointed pursuant to this Act.