Administration and Enforcement (continued)
Prohibitions and Offences (continued)
Marginal note:Contravention — section 6
99 (1) Any proponent who contravenes section 6 is guilty of an offence punishable on summary conviction and is liable, for a first offence, to a fine of not more than $200,000 and, for any subsequent offence, to a fine of not more than $400,000.
Marginal note:Contravention — subsection 94(3)
(2) A person who contravenes subsection 94(3) is guilty of an offence punishable on summary conviction and is liable, for a first offence, to a fine of not more than $200,000 and, for any subsequent offence, to a fine of not more than $400,000.
Marginal note:Contravention — section 97
(3) Any person who contravenes section 97 is guilty of an offence punishable on summary conviction and is liable, for a first offence, to a fine of not more than $100,000 and, for any subsequent offence, to a fine of not more than $300,000.
Marginal note:Continuing offences
(4) If an offence under subsection (1) or (2) is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.
Marginal note:Due diligence defence
(5) A person must not be found guilty of an offence under subsection (1), (2) or (3) if they establish that they exercised due diligence to prevent the commission of the offence.
Marginal note:Contravention — section 98
100 Any person who contravenes section 98 is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $300,000.
Marginal note:Limitation period
101 Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged offence.
Marginal note:Admissibility of evidence
102 (1) In proceedings for an offence under this Act, a statement, certificate, report or other document of the Minister, the responsible authority or the designated person that is purported to have been signed by that person or authority 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 Act, a copy of or an extract from any document that is made by the Minister, the responsible authority or the designated person that appears to have been certified under the signature of that person or authority 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.
(4) No document referred to in this section may 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.
Canadian Environmental Assessment Agency
Marginal note:Agency continued
103 (1) The Canadian Environmental Assessment Agency is continued and must advise and assist the Minister in exercising the powers and performing the duties and functions conferred on him or her by this Act.
Marginal note:Minister’s responsibility
(2) The Minister is responsible for the Agency.
Marginal note:Delegation to Agency
104 (1) The Minister may, subject to any terms and conditions that the Minister specifies, delegate to an officer or employee of the Agency any of the powers, duties and functions that the Minister is authorized to exercise or perform under this Act.
(2) However, the Minister is not authorized to delegate a power to make regulations nor a power to delegate under subsection (1).
Marginal note:Agency’s objects
105 The Agency’s objects are
(a) to conduct or administer environmental assessments and administer any other requirements and procedures established by this Act and the regulations;
(b) to promote uniformity and harmonization in relation to the assessment of environmental effects across Canada at all levels of government;
(c) to promote or conduct research in matters of environmental assessment and to encourage the development of environmental assessment techniques and practices, including testing programs, alone or in cooperation with other agencies or organizations;
(d) to promote environmental assessment in a manner that is consistent with the purposes of this Act;
(e) to promote, monitor and facilitate compliance with this Act;
(f) to promote and monitor the quality of environmental assessments conducted under this Act; and
(g) to engage in consultation with Aboriginal peoples on policy issues related to this Act.
Marginal note:Agency’s duties
(a) provide support for review panels and any committees established under section 73 or under an agreement or arrangement entered into under paragraph 74(1)(a) or (b);
(b) provide, on the Minister’s request, administrative support for any research and advisory body established under paragraph 86(1)(b); and
(c) provide information or training to facilitate the application of this Act.
Marginal note:Agency’s powers
(2) In carrying out its objects, the Agency may
(a) undertake studies or activities or conduct research relating to environmental assessment;
(b) advise persons and organizations on matters relating to the assessment of environmental effects; and
(c) negotiate agreements or arrangements referred to in paragraph 86(1)(c) or (d) on the Minister’s behalf.
Marginal note:Using government facilities
107 In exercising its powers and performing its duties and functions under this Act, the Agency must, when appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada.
Marginal note:President — chief executive officer
(2) The President is the Agency’s chief executive officer, and may exercise all of the Minister’s powers under this Act as authorized by the Minister.
Marginal note:Acting President — Executive Vice-president
(3) Subject to subsection (5), in the event of the absence or incapacity of the President or a vacancy in that office, the Executive Vice-president acts as, and exercises the powers of, the President in the interim.
Marginal note:Acting President — other person
(4) Subject to subsection (5), the Minister may appoint a person other than the Executive Vice-president to act as the President in the interim.
Marginal note:Governor in Council’s approval required
(5) The Executive Vice-president, or a person appointed under subsection (4), must not act as the President for a period exceeding 90 days without the Governor in Council’s approval.
Marginal note:Executive Vice-president
Marginal note:Powers, duties and functions
(2) The Executive Vice-president must exercise any powers and perform any duties and functions that the President may assign.
110 The President and the Executive Vice-president are to be paid any remuneration that the Governor in Council may fix.
Marginal note:Appointment under Public Service Employment Act
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