Canadian Environmental Protection Act, 1999

Marginal note:Nearest court has jurisdiction for Division 3 of Part 7 offences

• 279 (1) Where an offence arising out of a contravention of Division 3 of Part 7 is committed by a person, whether or not the person is a Canadian citizen, in Canadian waters, the offence

  • (a) is within the competence of and shall be tried by the court having jurisdiction in respect of similar offences in the territorial division nearest to the place where the offence was committed; and

  • (b) shall be tried in the same manner as if it had been committed within that territorial division.

• Marginal note:Where offence deemed to have been committed

  (2) An offence to which subsection (1) applies is, for the purpose of that subsection, deemed to have been committed either in the place where the offence was actually committed or in the place in which the accused is found.

• Marginal note:Any court has jurisdiction for Division 3 of Part 7 offences

  (3) Where an offence arising out of a contravention of Division 3 of Part 7 is committed by a person, whether or not the person is a Canadian citizen, in an area of the sea referred to in paragraph 122(2)(f) or (g), the offence

  • (a) is within the competence of and shall be tried by any court having jurisdiction in respect of similar offences committed by persons within the limits of its ordinary jurisdiction; and

  • (b) shall be tried in the same manner as if it had been committed within the jurisdiction of the court before which it is tried.