Offences and Punishment (continued)
Marginal note:Other offences
16 Every person who contravenes any provision of this Act, other than section 4 or 15 or a provision referred to in section 13, is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.
Marginal note:Proof of offence
17 (1) In any prosecution of an offence under this Act it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or prosecuted for the offence.
(2) No person shall, by virtue of subsection (1), be found guilty of an offence under section 15 if the person establishes that the offence was committed without the person’s knowledge or consent and that he or she exercised all due diligence to prevent its commission.
(3) No person shall be found guilty of an offence under this Act, other than an offence under section 15, if the person establishes that he or she exercised all due diligence to prevent its commission.
Marginal note:Orders of court
18 (1) Where an offender has been convicted of an offence under this Act, in addition to any other punishment that may be imposed under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects:
(a) prohibiting the offender from doing any act or engaging in any activity that may result in the continuation or repetition of the offence;
(b) directing the offender to take such action as the court considers appropriate to remedy or avoid any harm that results or may result from the commission of the offence;
(c) directing the offender to publish, in any manner that the court considers appropriate, the facts relating to the commission of the offence;
(d) directing the offender to notify, at the offender’s own cost and in any manner that the court considers appropriate, any person aggrieved or affected by the offender’s conduct of the facts relating to the commission of the offence;
(e) directing the offender to post such bond or pay such amount of money into court as will ensure compliance with any order made pursuant to this section;
(f) directing the offender to submit to the Minister, on application by the Minister made within three years after the date of conviction, such information with respect to the activities of the offender as the court considers appropriate and just in the circumstances;
(g) directing the offender to compensate the Minister, in whole or in part, for the cost of any remedial or preventative action taken by or caused to be taken on behalf of the Minister as a result of the commission of the offence; and
(h) requiring the offender to comply with such other reasonable conditions as the court considers appropriate and just in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing other offences.
(2) Where an offender does not comply with an order made under paragraph (1)(c) directing the publication of the facts relating to the commission of the offence, the Minister may publish the facts in compliance with the order and recover the costs of publication from the offender.
Marginal note:Debt due to Her Majesty
(3) Where the court makes an order under paragraph (1)(g) directing an offender to pay costs or the Minister incurs publication costs under subsection (2), the costs constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
Marginal note:Coming into force and duration of order
(4) An order made under subsection (1) comes into force on the day on which it is made or on such other day as the court may determine but may not continue in force for more than three years after that day.
Marginal note:Application of provisions of the Canadian Environmental Protection Act, 1999
(a) as if each reference in any of those sections to section 291 of that Act were a reference to section 18 of this Act; and
(b) with any other modifications that the circumstances require.
- 1997, c. 11, s. 19
- 1999, c. 33, s. 349
Amendments to the Schedule
Marginal note:Orders of the Governor in Council
20 The Governor in Council may, by order, amend the schedule by adding or deleting the name of a manganese-based substance.
Coming into Force
Marginal note:Coming into force
21 This Act comes into force sixty days after the day on which it is assented to.
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