• 183. (1) The portion of paragraph 90.3(1)(a) of the Act before subparagraph (i) is replaced by the following:

  • (a) on the recommendation of the federal Minister and the Board,

• (2) Paragraphs 90.3(1)(c) to (e) of the Act are replaced by the following:

  • (c) setting out the criteria to be applied by the Board in determining whether a proposed use of waters or deposit of waste for which a licence is required under this Act requires a type A licence or a type B licence;

  • (d) setting out the procedure to be followed on an application to the Board;

  • (e) prescribing the form of applications to the Board, the information to be submitted to the Board in connection with any application, and the form in which any of that information is to be submitted;

• (3) Paragraph 90.3(1)(g) of the Act is replaced by the following:

  • (g) respecting the amount of the security referred to in subsection 72.11(1), and prescribing the form and conditions of the security, which regulations may empower the Board to fix the amount of the security subject to a maximum specified in, or determined in accordance with, those regulations;

• (4) Subparagraph 90.3(1)(p)(ii) of the Act is replaced by the following:

  • (ii) to submit to the Board, on a regular monthly, quarterly, semi-annual or annual basis, reports on any of their operations to which this Part applies, and specifying the information to be contained in them;

• (5) Subparagraphs 90.3(1)(q)(i) and (ii) of the Act are replaced by the following:

  • (i) to submit representative samples of the waste to the Board for analysis, or

  • (ii) to analyse representative samples of the waste and submit the results of the analysis to the Board;

• (6) Subparagraph 90.3(2)(a)(i) of the Act is replaced by the following:

  • (i) for the filing of any application with the Board, and

• (7) Paragraph 90.3(2)(c) of the Act is replaced by the following:

  • (c) prescribing the form of the register to be maintained by the Board under section 68 and the information to be entered in it;

184. The portion of section 91 of the Act before paragraph (a) is replaced by the following:

185. The Act is amended by adding the following after section 91:

186. The portion of subsection 91.1(2) of the Act before paragraph (a) is replaced by the following:

Marginal note:2005, c. 1, s. 53(1)

• 187. (1) Subsection 92(1) of the Act is replaced by the following:

  Marginal note:Principal offences — land use

  • 92. (1) Every person who contravenes section 90.1, any provision of regulations made under section 90, any condition of a permit or an order of an inspector under subsection 86(1) or (2) is guilty of an offence and is 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.

• (2) Subsection 92(3) of the Act is repealed.

• (3) Subsection 92(4) of the Act is replaced by the following:

  • Marginal note:Contravening orders

    (4) Every person who contravenes subsection 87(1), (2) or (3), in relation to the use of land, is guilty of an offence and is 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.

188. The Act is amended by adding the following after section 92:

• 189. (1) Section 92.1 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Deeming — subsequent offence for water use

    (1.1) For the purposes of subsections 92.01(2), 92.02(2) and 92.03(2), 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 of a substantially similar offence under an Act of Parliament — or an Act of the legislature of a province — that relates to environmental or wildlife conservation or protection.

• (2) Subsection 92.1(2) of the English version of the Act is replaced by the following:

  • Marginal note:Application

    (2) Subsections (1) and (1.1) apply only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under any Act of the legislature of a province.

• 190. (1) Section 93 of the Act is replaced by the following:

  Marginal note:Deeming — subsequent offence for land use

  • 92.1 (1) For the purposes of subsections 92(1) and (4), 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 of a substantially similar offence under an Act of Parliament — or an Act of the legislature of a province — that relates to environmental or wildlife conservation or protection or heritage resources.

  • Marginal note:Application

    (2) Subsection (1) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under any Act of the legislature of a province.

  Marginal note:Limitation period or prescription

  93. No proceedings in respect of an offence under section 92 are to be instituted more than five years after the day on which the federal Minister becomes aware of the acts or omissions that constitute the alleged offence.

• (2) Section 93 of the Act is replaced by the following:

  Marginal note:Limitation period or prescription

  93. No proceedings in respect of an offence under section 92, 92.01, 92.02, 92.03, 92.04 or 92.05 are to be instituted more than five years after the day on which the federal Minister becomes aware of the acts or omissions that constitute the alleged offence.

  Marginal note:Admissibility of evidence

  • 93.1 (1) In proceedings for an offence under this Part, a certificate, report or other document of the federal Minister, a board or an inspector that is purported to have been signed by that person or board is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.

  • Marginal note:Copies and extracts

    (2) In proceedings for an offence under this Part, a copy of or an extract from any document that is made by the federal Minister, a board or an inspector that appears to have been certified under the signature of that person or board as a true copy or extract is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way.

  • Marginal note:Presumed date of issue

    (3) A document referred to in this section is, in the absence of evidence to the contrary, presumed to have been issued on the date that it bears.

  • Marginal note:Notice

    (4) No document referred to in this section is to be received in evidence unless the party intending to produce it has provided reasonable notice of that intention to the party against whom it is intended to be produced together with a copy of the document.

  Marginal note:Certificate of analyst

  • 93.2 (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 Part 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 under 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 is to be received in evidence under subsection (1) unless the party intending to produce it has provided reasonable notice of that intention to the party against whom it is intended to be produced together with a copy of the certificate.

191. Subsections 93.1(1) and (2) of the Act are replaced by the following:

Marginal note:2005, c. 1, s. 54

192. Section 95 of the Act is replaced by the following:

Marginal note:2000, c. 32, s. 68(1); 2005, c. 1, ss. 55, 56, 57(F), 58, 59(1) and (2)(E) and 60 to 63

193. Part 4 of the Act is repealed.

• 194. (1) The definition “licence” in subsection 96(1) of the Act is replaced by the following:

  “licence”

  « permis d’utilisation des eaux »

  “licence” means

  • (a) with respect to a federal area, a type A or type B licence permitting the use of waters or the deposit of waste, or both, issued by the Board under this Part; or

  • (b) with respect to lands outside a federal area, a type A or type B licence or any other licence relating to the use of waters or the deposit of waste, or both, issued by the Board under this Part in accordance with any territorial law.

• (2) Section 96 of the Act is amended by adding the following after subsection (3):

  • Meaning of “licence”

    (4) For the purposes of this Part, a reference to a licence in section 90.3, in the regulations made under that section and in sections 72.02 and 92.02 to 92.04 include a licence as defined in subsection (1).