Territorial Lands Act (R.S.C., 1985, c. T-7)

Act current to 2016-01-25 and last amended on 2014-04-01. Previous Versions

Marginal note:Continuing violation

 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

  • 2014, c. 2, s. 77.
Marginal note:Violation or offence
  •  (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act.

  • Marginal note:Violations not offences

    (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

  • 2014, c. 2, s. 77.
Marginal note:Limitation period

 No notice of violation is to be issued more than two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation.

  • 2014, c. 2, s. 77.

Reviews

Marginal note:Right to request review

 A person who is served with a notice of violation may — within 30 days after the day on which it is served or within any longer period that is prescribed by the regulations — make a request to the Minister for a review of the amount of the penalty or the facts of the violation, or both.

  • 2014, c. 2, s. 77.
Marginal note:Correction or cancellation of notice of violation

 At any time before a request for a review in respect of a notice of violation is received by the Minister, an enforcement officer may cancel the notice of violation or correct an error in it.

  • 2014, c. 2, s. 77.
Marginal note:Review

 On receipt of a request for a review in respect of a notice of violation, the Minister shall conduct the review.

  • 2014, c. 2, s. 77.
Marginal note:Object of review
  •  (1) The Minister shall determine, as the case may be, whether the amount of the penalty was determined in accordance with the regulations or whether the person committed the violation, or both.

  • Marginal note:Determination

    (2) The Minister shall render a determination in writing and cause the person who requested the review to be served with a copy of the determination and the reasons for it.

  • Marginal note:Correction of penalty

    (3) If the Minister determines that the amount of the penalty was not determined in accordance with the regulations, the Minister shall correct it.

  • Marginal note:Responsibility

    (4) If the Minister determines that the person who requested the review committed the violation, that person is liable to the penalty as set out in the determination.

  • Marginal note:Determination final

    (5) A determination made under this section is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.

  • 2014, c. 2, s. 77.
Marginal note:Burden of proof

 If the facts of a violation are reviewed, the enforcement officer who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.

  • 2014, c. 2, s. 77.

Responsibility

Marginal note:Payment

 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.

  • 2014, c. 2, s. 77.
Marginal note:Failure to act

 A person that neither pays the penalty within the period set out in the notice of violation — nor requests a review within the period referred to in section 46 — is considered to have committed the violation and is liable to the penalty.

  • 2014, c. 2, s. 77.

Recovery of Penalties

Marginal note:Debts to Her Majesty
  •  (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

  • Marginal note:Limitation period

    (2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable.

  • 2014, c. 2, s. 77.
Marginal note:Certificate
  •  (1) The Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 53(1).

  • Marginal note:Registration

    (2) Registration in any court of competent jurisdiction of a certificate of non-payment has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

  • 2014, c. 2, s. 77.

General

Marginal note:Authenticity of documents

 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 41(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

  • 2014, c. 2, s. 77.
 
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