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

Act current to 2019-08-28 and last amended on 2017-12-12. Previous Versions

Inspections in the Antarctic (continued)

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
 
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