Marginal note:Offences and punishment — trespassing
21. (1) A person who remains on territorial lands, returns to them or assumes any possession or occupancy of them after having been ordered to vacate them under section 20 or after having been removed from them under that section is guilty of an offence and liable on summary conviction
(a) for a first offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both; and
(b) for a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.
Marginal note:Continuing offences
(2) An offence under subsection (1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.
- R.S., 1985, c. T-7, s. 21;
- 2014, c. 2, s. 76.
22. The order or judgment of a judge of the Court in any action or proceedings under this Act is subject to an appeal by a party to the action or proceedings in the same manner as any other order or judgment of a judge of the Court.
- R.S., c. T-6, s. 18.
POWERS OF THE GOVERNOR IN COUNCIL
Marginal note:Powers of Governor in Council
23. The Governor in Council may
(a) on setting out the reasons for withdrawal in the order, order the withdrawal of any tract or tracts of territorial lands from disposal under this Act;
(b) set apart and appropriate territorial lands for the sites of places of public worship, burial grounds, schools, market places, jails, court houses, town halls, public parks or gardens, hospitals, harbours, landings, bridge sites, airports, landing fields, railway stations, town-sites, historic sites or for other public purposes and, at any time before the issue of a grant, alter or revoke those appropriations;
(c) order that grants or leases for a nominal consideration be made of the lands appropriated under paragraph (b) and that there be expressed in any grant or lease the trusts and uses to which the territorial lands granted or leased thereby are subject;
(d) set apart and appropriate such areas or lands as may be necessary
(i) to enable the Government of Canada to fulfil its obligations under treaties with the Indians and to make free grants or leases for that purpose, or
(ii) for any other purpose that the Governor in Council may consider to be conducive to the welfare of the Indians;
(e) set apart and appropriate territorial lands for use as game preserves, game sanctuaries, bird sanctuaries, public shooting grounds, public resorts or for any other similar public purpose;
(f) authorize the acquisition by any railway, power company or pipeline company, on and subject to such terms and conditions as may be deemed proper, of a right-of-way for a road bed, for transmission lines or for pipelines through territorial lands together with such other territorial lands as may be deemed necessary for stations, station grounds, workshops, buildings, yards, pumps, tanks, reservoirs or other appurtenances in connection therewith;
(g) divide territorial lands into mining districts and land districts;
(h) make regulations or orders with respect to any question affecting territorial lands under which persons designated in the regulations or orders may inquire into such a question and may, for the purposes of the inquiry, summon and bring before them any person whose attendance they consider necessary to the inquiry, examine that person under oath, compel the production of documents and do all things necessary to provide a full and proper inquiry;
(i) prescribe a tariff of fees for copies of maps, plans, field notes, documents, papers and other records pertaining to territorial lands, and for the preparation of documents evidencing a sale, lease or other disposition of territorial lands and for the registration of any documents pertaining to territorial lands;
(j) make regulations respecting the protection, control and use of the surface of territorial lands;
(k) prescribe the form of the notification that may be issued pursuant to section 9 and the fee for the issue thereof; and
(l) make such orders and regulations as are deemed necessary to carry out the purposes and provisions of this Act.
- R.S., 1985, c. T-7, s. 23;
- 1992, c. 1, s. 144(F);
- 1994, c. 26, s. 68;
- 2002, c. 7, s. 246.
- Date modified: