An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment (S.C. 2009, c. 14)
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Assented to 2009-06-18
13. The Act is amended by adding the following after section 53:
Marginal note:Offences involving more than one animal, plant, etc.
53.1 If an offence involves more than one animal or plant, or more than one native bird or native plant as defined in subsection 12(2), the fine to be imposed in respect of that offence may, despite sections 50, 50.1, 50.3 and 50.4, be the total of the fines that would have been imposed if each of the animals, plants, native birds or native plants had been the subject of a separate information.
14. Section 57 of the Act is replaced by the following:
Marginal note:Limitation period
57. No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years.
15. Sections 60 and 61 of the Act are replaced by the following:
Marginal note:Proof of offence
60. (1) In any prosecution of 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 prosecuted for the offence.
Marginal note:Proof of offence
(2) In any prosecution of the master of a Canadian vessel or any other vessel or the pilot in command of a Canadian aircraft for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by a crew member or other person on board the vessel or aircraft, whether or not the crew member or other person is identified or prosecuted for the offence.
16. Section 63 of the Act is repealed.
17. (1) Paragraph 66(1)(c) of the French version of the Act is replaced by the following:
c) mener des études de suivi des effets sur l’environnement, de la façon que le ministre indique, ou verser, selon les modalités prescrites par le tribunal, une somme d’argent destinée à permettre ces études;
(2) Subsection 66(1) of the Act is amended by adding the following after paragraph (c):
(c.1) directing the offender to implement an environmental management system that meets a recognized Canadian or international standard specified by the court;
(c.2) directing the offender to pay Her Majesty in right of Canada an amount of money that the court considers appropriate for the purpose of promoting the conservation or protection of the Antarctic environment or dependent and associated ecosystems;
(3) Paragraphs 66(1)(e) and (f) of the Act are replaced by the following:
(e) directing the offender to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;
(f) directing the offender to notify, at the offender’s own cost and in the manner directed by the court, any person aggrieved or affected by the offender’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;
(4) Paragraph 66(1)(i) of the Act is replaced by the following:
(i) directing the offender to compensate any person, monetarily or otherwise, in whole or in part, for the cost of any remedial or preventive action taken, caused to be taken or to be taken as a result of the act or omission that constituted the offence, including the costs of assessing appropriate remedial or preventive action;
(5) Paragraph 66(1)(k) of the Act is repealed.
(5.1) Paragraph 66(1)(m) of the Act is replaced by the following:
(m) directing the offender to pay, in the manner prescribed by the court, an amount to an educational institution including for scholarships for students enrolled in studies related to the environment;
(6) Paragraph 66(1)(n) of the Act is replaced by the following:
(n) requiring the offender to comply with any other conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for deterring the offender and any other person from committing offences under this Act;
(o) requiring the offender to surrender to the Minister any permit issued to the person; and
(p) prohibiting the offender from applying for any new permit during any period that the court considers appropriate.
(7) Subsections 66(2) and (3) of the Act are replaced by the following:
Marginal note:Publication
(2) If an offender fails to comply with an order made under paragraph (1)(e), the Minister may, in the manner that the court directed the offender to do so, publish the facts relating to the commission of the offence and the details of the punishment imposed and recover the costs of publication from the offender.
Marginal note:Debt due to Her Majesty
(3) If the court makes an order under paragraph (1)(c.2) or (i) directing a person to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (2), the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
Marginal note:Enforcement
(4) If the court makes an order under paragraph (1)(i) directing an offender to pay an amount to a person, other than to Her Majesty in right of Canada, and the amount is not paid without delay, the person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.
Marginal note:Cancellation or suspension of permits
(5) If the court makes an order under paragraph (1)(o), any permit to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate.
Marginal note:Coming into force and duration of order
(6) An order made under subsection (1) comes into force on the day on which it is made or on any other day that the court may determine and shall not continue in force for more than three years after that day unless the court provides otherwise in the order.
18. The Act is amended by adding the following after section 66:
Marginal note:Compensation for loss of property
66.1 (1) If an offender has been convicted of an offence under this Act, the court may, at the time sentence is imposed and on the application of the person aggrieved, order the offender to pay to that person an amount by way of satisfaction or compensation for loss of or damage to property suffered by that person as a result of the commission of the offence.
Marginal note:Enforcement
(2) If the amount ordered to be paid under subsection (1) is not paid without delay, the aggrieved person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.
19. The Act is amended by adding the following after section 68:
Marginal note:Application of fines
68.1 (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act, are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the environment or for administering that Fund.
Marginal note:Recommendations of court
(2) The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or an organization specified by the court for a purpose referred to in subsection (1).
Marginal note:Publication of information about contraventions
68.2 (1) For the purpose of encouraging compliance with this Act and the regulations, the Minister shall maintain, in a registry accessible to the public, information about all convictions of corporations for offences under this Act.
Marginal note:Retention
(2) Information in the registry is to be maintained for a minimum of five years.
Marginal note:Contraventions Act
68.3 If an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention.
Marginal note:Review
68.4 (1) The Minister shall, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 50 to 68.3.
Marginal note:Report to Parliament
(2) The Minister shall, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.
2002, c. 18CANADA NATIONAL MARINE CONSERVATION AREAS ACT
20. (1) Paragraph 16(1)(a) of the French version of the Canada National Marine Conservation Areas Act is replaced by the following:
a) la protection des écosystèmes et de leurs composantes;
(2) Subsection 16(1) of the Act is amended by striking out “and” at the end of paragraph (l), by adding “and” at the end of paragraph (m) and by adding the following after paragraph (m):
(n) designating provisions of the regulations for the purpose of subsection 24(1).
21. Sections 20 and 21 of the Act are replaced by the following:
Marginal note:Contraventions Act
19.1 (1) The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or by an aboriginal government for the purpose of the enforcement of this Act or the regulations with respect to offences that have been designated as contraventions under the Contraventions Act.
Marginal note:Limitations regarding designations
(2) The Minister may specify that a designation is in respect of one or more marine conservation areas or in respect of all or specified offences under this Act that have been designated as contraventions under the Contraventions Act.
Marginal note:Certificate of designation and oath
20. (1) Every marine conservation area warden, enforcement officer and person designated under section 19.1 shall be provided with a certificate of designation in a form approved by the Minister and shall take and subscribe an oath prescribed by the Minister.
Marginal note:Limitations must be specified
(2) The certificate must specify the limitations, if any, to which the designation is subject.
Marginal note:Right of passage
20.1 In the discharge of their duties, marine conservation area wardens and enforcement officers and any persons accompanying them may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.
Marginal note:Immunity
20.2 Marine conservation area wardens and enforcement officers are not personally liable for anything they do or omit to do in good faith under this Act.
Marginal note:Arrest without warrant
21. A marine conservation area warden or enforcement officer may, in accordance with the Criminal Code, arrest without warrant any person
(a) whom the warden or officer finds committing an offence under this Act; or
(b) who the warden or officer believes, on reasonable grounds, has committed or is about to commit an offence under this Act.
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