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Antarctic Environmental Protection Act (S.C. 2003, c. 20)

Act current to 2022-06-20 and last amended on 2017-12-12. Previous Versions

Enforcement in Canada (continued)

Liability for Costs

Marginal note:Liability for costs

 If a thing is seized under this Act, the person who owned the thing at the time it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any.

  • 2009, c. 14, s. 10

Inspections in the Antarctic

Marginal note:Designation of inspectors

  •  (1) The Minister may designate as an inspector, for the purpose of this Act or any provision of this Act, any person or any member of a class of persons who, in the Minister’s opinion, is qualified to be so designated.

  • Marginal note:Limits

    (2) The Minister may, including on the request of the Minister of Foreign Affairs, limit the powers that may be exercised by an inspector under this Act.

  • Marginal note:Production of certificate

    (3) The Minister must provide every inspector with a certificate of designation that includes any limits specified under subsection (2). On entering any place, the inspector must, if so requested, produce the certificate to the person in charge of the place.

Marginal note:Powers of inspectors

  •  (1) Subject to subsections (2) and (6), for the purposes of this Act, an inspector may, at any reasonable time, enter any place in the Antarctic in which the inspector believes, on reasonable grounds, there is anything to which this Act applies or any document relating to its administration.

  • Marginal note:Dwelling-houses

    (2) An inspector may not enter a dwelling-house without the consent of the occupant.

  • Marginal note:Stopping and detaining conveyances

    (3) For the purposes of this Act, an inspector may, at any reasonable time, direct that any of the following be moved to a place where an inspection can be carried out and may, for a reasonable time, detain any of the following:

    • (a) a Canadian vessel or Canadian aircraft in the Antarctic; or

    • (b) any other conveyance in the Antarctic that is owned by a Canadian except a vessel or aircraft that is not a Canadian vessel or Canadian aircraft.

  • Marginal note:Powers in relation to vessels, etc.

    (4) Subject to subsection (2), for the purposes of this Act, an inspector may, at any reasonable time,

    • (a) board a Canadian vessel or Canadian aircraft in the Antarctic; or

    • (b) travel on the vessel or aircraft.

  • Marginal note:Powers of inspectors

    (5) In carrying out an inspection of a place under this section, an inspector may exercise any of the powers referred to in subsections 30(9), (11) and (12).

  • Marginal note:Foreign ownership

    (6) An inspector may not exercise any powers under this section in respect of any station, installation, equipment, platform anchored at sea, shipping container or conveyance (other than a Canadian vessel or Canadian aircraft) that is owned by a person who is not a Canadian unless the inspector first obtains the consent of the person in charge of the station, installation, equipment, platform, container or conveyance.

  • Marginal note:Analysts

    (7) An analyst may, for the purposes of this Act, accompany an inspector who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the inspector, enter the place and exercise any of the powers referred to in subsection (5).

  • Marginal note:Assistance

    (8) The owner of a place or a Canadian or permit holder in charge of a place being inspected under this section, and every Canadian or permit holder found in the place, shall

    • (a) give the inspector or analyst all reasonable assistance to enable the inspector or analyst to carry out their functions under this Act; and

    • (b) provide the inspector or analyst with any information with respect to the administration of this Act that he or she may reasonably require.

Marginal note:Immunity

 Inspectors are not personally liable for anything they do or omit to do in good faith under this Act.

  • 2009, c. 14, s. 11

Marginal note:Production of documents and samples

  •  (1) The Minister may, for the purposes of this Act, by registered letter or by a demand served personally, require any Canadian, or any permit holder, who is in Canada or the Antarctic, within any reasonable time and in any reasonable manner that may be stipulated in the letter or demand,

    • (a) to produce at a place specified by the Minister any sample taken in the Antarctic or any document; or

    • (b) to conduct any tests in the Antarctic or take any measurements or samples there.

  • Marginal note:Compliance

    (2) A person who is required to do anything under subsection (1) shall, despite any other law to the contrary, comply with the requirement.

Obstruction and False Information

Marginal note:Obstruction

 No person in Canada, and no Canadian or permit holder in the Antarctic, shall obstruct an enforcement officer, inspector or analyst or hinder any of them in carrying out their functions under this Act.

Marginal note:Knowingly providing false or misleading information, etc.

  •  (1) No person in Canada, and no Canadian or permit holder in the Antarctic, shall, with respect to any matter related to this Act, knowingly

    • (a) provide any person with false or misleading information, results or samples; or

    • (b) file a document that contains false or misleading information.

  • Marginal note:Negligently providing false or misleading information, etc.

    (2) No person in Canada, and no Canadian or permit holder in the Antarctic, shall, with respect to any matter related to this Act, negligently

    • (a) provide any person with false or misleading information, results or samples; or

    • (b) file a document that contains false or misleading information.

  • 2003, c. 20, s. 49
  • 2009, c. 14, s. 12

Marginal note:Offence — persons

  •  (1) Every person commits an offence who contravenes

    • (a) section 11, subsection 12(1) or 13(1), section 14, 16, 17 or 20, subsection 37(4) or 37.06(1), section 48 or subsection 49(1);

    • (b) any provision of the regulations designated by regulations made under paragraph 26(1)(j.1); or

    • (c) any order or direction made under this Act, including one made by a court.

  • Marginal note:Penalty — individuals

    (2) Every individual who commits an offence under subsection (1) is liable,

    • (a) on conviction on indictment,

      • (i) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both, and

      • (ii) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both, and

      • (ii) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000 or to imprisonment for a term of not more than one year, or to both.

  • Marginal note:Penalty — other persons

    (3) Every person, other than an individual or a corporation referred to in subsection (4), that commits an offence under subsection (1) is liable,

    • (a) on conviction on indictment,

      • (i) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.

  • Marginal note:Penalty — small revenue corporations

    (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 50.2 to be a small revenue corporation is liable,

    • (a) on conviction on indictment,

      • (i) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

  • 2003, c. 20, s. 50
  • 2009, c. 14, s. 12

Marginal note:Offence — persons

  •  (1) Every person commits an offence who contravenes

    • (a) any provision of this Act or the regulations, other than a provision whose contravention is an offence under subsection 50(1); or

    • (b) any obligation arising from this Act, whose contravention is not an offence under subsection 50(1).

  • Marginal note:Penalty — individuals

    (2) Every individual who commits an offence under subsection (1) is liable,

    • (a) on conviction on indictment,

      • (i) for a first offence, to a fine of not more than $100,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $200,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not more than $25,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $50,000.

  • Marginal note:Penalty — other persons

    (3) Every person, other than an individual or a corporation referred to in subsection (4), that commits an offence under subsection (1) is liable,

    • (a) on conviction on indictment,

      • (i) for a first offence, to a fine of not more than $500,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $1,000,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not more than $250,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $500,000.

  • Marginal note:Penalty — small revenue corporations

    (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 50.2 to be a small revenue corporation is liable,

    • (a) on conviction on indictment,

      • (i) for a first offence, to a fine of not more than $250,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $500,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not more than $50,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $100,000.

  • 2009, c. 14, s. 12

Marginal note:Determination of small revenue corporation status

 For the purpose of sections 50 and 50.1, a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’s gross revenues for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000.

  • 2009, c. 14, s. 12

Marginal note:Offence — vessels

  •  (1) Every Canadian vessel or other vessel commits an offence that contravenes

    • (a) subsection 9(1), section 11, subsection 13(1), any of sections 14 to 16, any of subsections 18(1) to (3) or section 20;

    • (b) any provision of the regulations designated by regulations made under paragraph 26(1)(j.1); or

    • (c) any order or direction made under this Act, including one made by a court.

  • Marginal note:Penalty — vessels of 7 500 tonnes deadweight or over

    (2) Every Canadian vessel or other vessel of 7 500 tonnes deadweight or over that commits an offence under subsection (1) is liable,

    • (a) on conviction on indictment,

      • (i) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.

  • Marginal note:Penalty — other vessels

    (3) Every Canadian vessel or other vessel of less than 7 500 tonnes deadweight that commits an offence under subsection (1) is liable,

    • (a) on conviction on indictment,

      • (i) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

      • (ii) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

  • 2009, c. 14, s. 12

Marginal note:Offences — vessels

  •  (1) Every Canadian vessel or other vessel commits an offence that contravenes any provision of this Act or the regulations, other than a provision whose contravention is an offence under subsection 50.3(1).

  • Marginal note:Penalty — vessels of 7 500 tonnes deadweight or over

    (2) Every Canadian vessel or other vessel of 7 500 tonnes deadweight or over that commits an offence under subsection (1) is liable,

    • (a) on conviction on indictment,

      • (i) for a first offence, to a fine of not more than $500,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $1,000,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not more than $250,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $500,000.

  • Marginal note:Penalty — other vessels

    (3) Every Canadian vessel or other vessel of less than 7 500 tonnes deadweight that commits an offence under subsection (1) is liable,

    • (a) on conviction on indictment,

      • (i) for a first offence, to a fine of not more than $250,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $500,000; or

    • (b) on summary conviction,

      • (i) for a first offence, to a fine of not more than $50,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $100,000.

  • 2009, c. 14, s. 12
 
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