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Marginal note:Definitions

• 7.1 (1) The following definitions apply in this section.

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• Marginal note:Sections 18 and 19

  (5) Despite sections 18 and 19, the duties of marine conservation area wardens and enforcement officers do not include the administration or enforcement of the provisions of the laws of Ontario referred to in subsections (2) to (4).

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• Marginal note:Section 12

  (10) Section 12 does not apply in respect of any activity that is carried out in conformity with a permit or other authorizing instrument relating to water taking or water transfer within a marine conservation area in Ontario that is made or issued under any of the laws of Ontario referred to in subsections (2) to (4).

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Marginal note:Definitions

• 2 (1) The definitions in this subsection apply in this Act.

  disposal

  disposal  has the same meaning as in section 122 of the Canadian Environmental Protection Act, 1999, read without reference to the sea. (immersion)

  enforcement officer

  enforcement officer  means a person designated under section 19 or belonging to a class of persons so designated. (agent de l’autorité)

  marine conservation area warden

  marine conservation area warden  means a person designated under section 18. (garde d’aire marine de conservation)

• Marginal note:Aboriginal rights

  (2) 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 those rights in section 35 of the Constitution Act, 1982.

• Marginal note:Exclusive economic zone

  (3) The establishment of a marine conservation area within the exclusive economic zone of Canada does not constitute a claim to any rights, jurisdiction or duties beyond those set out in section 14 of the Oceans Act.

Marginal note:Offence

• 24 (1) Every person who contravenes any provision of this Act or any provision of the regulations designated by regulations made under paragraph 16(1)(n) is guilty of an offence and liable

  • (a) on conviction on indictment,

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    • (iii) in the case of a corporation that the court has determined under section 24.1 to be a small revenue corporation,

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  • (b) on summary conviction,

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    • (iii) in the case of a corporation that the court has determined under section 24.1 to be a small revenue corporation,

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• (1.1) Every person who contravenes any provision of the regulations, other than a provision designated by regulations made under paragraph 16(1)(n), or any condition of a permit or other authorizing instrument issued under this Act is guilty of an offence and liable

  • (a) on conviction on indictment,

    • [...]

    • (iii) in the case of a corporation that the court has determined under section 24.1 to be a small revenue corporation,

      [...]

  • (b) on summary conviction,

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    • (iii) in the case of a corporation that the court has determined under section 24.1 to be a small revenue corporation,

      [...]

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• Marginal note:Deeming — second and subsequent offence

  (2.2) For the purposes of this section, a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted — under any Act of Parliament, or any Act of the legislature of a province, that relates to environmental or wildlife protection or conservation, or the protection of cultural, historical or archaeological resources — of a substantially similar offence.

Marginal note:Regulations

• 16 (1) The Governor in Council may make regulations, consistent with international law, for the control and management of any or all marine conservation areas, including regulations

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  • (f) respecting the issuance, amendment, suspension and revocation of permits and other authorizing instruments pursuant to section 15, including the number of persons who may hold any class of permits or other instruments and the authority of superintendents to impose conditions on holders of permits or other instruments;

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  • (h) authorizing the granting, and the surrender or relinquishment, of leases, licences, easements or servitudes, of or over public lands in marine conservation areas for uses compatible with section 4;

• Marginal note:Search and rescue operations

  (1.1) Regulations made under this section do not apply in respect of search and rescue operations carried out by any federal authority.

• Marginal note:Fisheries and aquaculture

  (2) Regulations under this section respecting fisheries management and conservation or restricting or prohibiting fishing or aquaculture may be made only on the recommendation of the Minister and the Minister of Fisheries and Oceans.

• Marginal note:Marine matters

  (3) Regulations under this section that restrict or prohibit marine navigation or activities related to marine safety, to the extent that such regulations can be made on the recommendation of the Minister of Transport under the Canada Shipping Act, 2001 or the Arctic Waters Pollution Prevention Act, may only be made on the recommendation of the Minister and the Minister of Transport.

Marginal note:Regulations

• 16 (1) The Governor in Council may make regulations, consistent with international law, for the control and management of any or all marine conservation areas, including regulations

  • [...]

  • (f) respecting the issuance, amendment, suspension and revocation of permits and other authorizing instruments pursuant to section 15, including the number of persons who may hold any class of permits or other instruments and the authority of superintendents to impose conditions on holders of permits or other instruments;

  • [...]

  • (h) authorizing the granting, and the surrender or relinquishment, of leases, licences, easements or servitudes, of or over public lands in marine conservation areas for uses compatible with section 4;

• Marginal note:Search and rescue operations

  (1.1) Regulations made under this section do not apply in respect of search and rescue operations carried out by any federal authority.

• Marginal note:Fisheries and aquaculture

  (2) Regulations under this section respecting fisheries management and conservation or restricting or prohibiting fishing or aquaculture may be made only on the recommendation of the Minister and the Minister of Fisheries and Oceans.

• Marginal note:Marine matters

  (3) Regulations under this section that restrict or prohibit marine navigation or activities related to marine safety, to the extent that such regulations can be made on the recommendation of the Minister of Transport under the Canada Shipping Act, 2001 or the Arctic Waters Pollution Prevention Act, may only be made on the recommendation of the Minister and the Minister of Transport.