Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act (S.C. 1988, c. 28)

Marginal note:Offences

• 210.106 (1) Every person is guilty of an offence who

  • (a) contravenes any provision of this Part or of the regulations made under this Part;

  • (b) makes any false entry or statement in any report, record or other document required by this Part or the regulations made under this Part or by any order made under this Part;

  • (c) destroys, damages or falsifies any report, record or other document required by this Part or the regulations made under this Part or by any order made under this Part;

  • (d) fails to comply with an order of a health and safety officer;

  • (e) fails to comply with a requirement of the Chief Safety Officer under section 210.016 or 210.021;

  • (f) fails to comply with a decision of the Chief Safety Officer under section 210.1; or

  • (g) fails to comply with an order of the provincial labour board under subsection 210.101(9).

• Marginal note:Punishment

  (2) Every person who is guilty of an offence under subsection (1) is liable

  • (a) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both; or

  • (b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both.

• Marginal note:Offence  — paragraph (1)(a)

  (3) Despite paragraph (1)(a), a person who contravenes paragraph 210.013(l) or (m), 210.019(1)(k), 210.035(b) or 210.036(1)(b) is not guilty of an offence unless compliance with that paragraph is necessary to protect occupational health and safety.

• Marginal note:Self-incrimination

  (4) No individual shall be excused from recording in accordance with section 210.013 or 210.019 instances of non-compliance and any corrective action taken on the grounds that any information given by them may tend to incriminate them or subject them to any proceeding or penalty, but the information, or any evidence derived from it, may not be used or received to incriminate that individual in any criminal proceeding initiated against them, other than a prosecution under section 132, 136 or 137 of the Criminal Code.

• Marginal note:Due diligence defence

  (5) No person shall be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.