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Canadian Navigable Waters Act (R.S.C., 1985, c. N-22)

Act current to 2019-11-19 and last amended on 2019-10-04. Previous Versions

Administration and Enforcement (continued)

Administrative Monetary Penalties (continued)

Review by Tribunal (continued)

Marginal note:Right of appeal

  •  (1) Within 30 days after a decision is made under subsection 39.13(1) or (2), the Minister or the person to whom it applies may appeal from the decision to the Tribunal.

  • Marginal note:Loss of right of appeal

    (2) A party that does not appear at a review hearing is not entitled to appeal a decision, unless they establish that there was sufficient reason to justify their absence.

  • Marginal note:Disposition of appeal

    (3) The appeal panel of the Tribunal assigned to hear an appeal may dispose of the appeal by dismissing it or by allowing it and, in allowing the appeal, the panel may substitute its own decision for the decision under appeal.

  • Marginal note:Notice

    (4) If the appeal panel finds that a person has committed a violation, the panel must without delay inform the person and the Minister of its decision and of the amount determined by the panel to be payable to the Tribunal by or on behalf of the person in respect of the violation and the time within which it must be paid.

  • 2019, c. 28, s. 68

Recovery of Debts

Marginal note:Debts to Her Majesty

  •  (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

    • (a) the amount of a penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless a request is made to have the Tribunal review the acts or omissions that constitute the violation or the amount of the penalty, as the case may be;

    • (b) the amount of a penalty set out in the notice of the Tribunal’s decision made under subsection 39.13(1) or (2) or 39.131(4), beginning on the day specified in the decision; and

    • (c) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in paragraph (a) or (b).

  • Marginal note:Limitation period or prescription

    (2) Proceedings to recover such a debt may be commenced no later than five years after the debt becomes payable.

  • Marginal note:Debt final

    (3) The debt is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 39.12, 39.13 and 39.131.

  • 2012, c. 31, s. 328
  • 2019, c. 28, s. 69

Marginal note:Certificate of default

  •  (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 39.14(1).

  • Marginal note:Effect of registration

    (2) Registration of the certificate in the Federal Court has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

  • 2012, c. 31, s. 328

Rules of Law About Violations

Marginal note:Violations not offences

 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

  • 2012, c. 31, s. 328

Marginal note:Due diligence defence

  •  (1) A person shall not be found to be liable for a violation if they establish that they exercised due diligence to prevent the commission of the violation.

  • Marginal note:Common law principles

    (2) Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

  • 2012, c. 31, s. 328

Marginal note:Burden of proof

  •  (1) The Minister has the burden of establishing that a person who is named in a notice of violation has committed the violation.

  • Marginal note:Person not compelled to testify

    (2) A person who is named in a notice of violation is not required to give evidence in any proceedings before the Tribunal.

  • 2012, c. 31, s. 328
  • 2019, c. 28, s. 70

Marginal note:Offences by corporate officers, etc.

 If a person other than an individual commits a violation under this Act, any of the person’s officers, directors and agents or mandataries who directed, authorized, assented to or acquiesced or participated in the commission of the violation is a party to and liable for the violation, whether or not the person who actually committed it is proceeded against in accordance with this Act.

  • 2012, c. 31, s. 328

Marginal note:Vicarious liability — acts of employees, agents and mandataries

 A person is liable for a violation that is committed by that person’s employee or agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against in accordance with this Act.

  • 2012, c. 31, s. 328

Marginal note:Continuing violation

 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.

  • 2012, c. 31, s. 328

Other Provisions

Marginal note:Evidence

 In any proceeding for a violation, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

  • 2012, c. 31, s. 328

Marginal note:Limitation period or prescription

 Proceedings in respect of a violation may be commenced no later than two years after the day on which a designated person becomes aware of the acts or omissions that constitute the alleged violation.

  • 2012, c. 31, s. 328
  • 2019, c. 28, s. 71

Marginal note:Certification

 A document appearing to have been issued by the Minister or a designated person and certifying the day on which the acts or omissions that constitute the alleged violation became known to a designated person 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 that the designated person became aware of the acts or omissions on that day.

  • 2012, c. 31, s. 328
  • 2019, c. 28, s. 71

Marginal note:Information may be made public

 The Minister may make public the name and business address of a person who is deemed to have committed a violation or who was determined to have committed a violation, the acts or omissions and provisions at issue, and the amount payable as a result, if any.

  • 2012, c. 31, s. 328

Marginal note:How act or omission may be proceeded with

 If an act or omission may be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

  • 2012, c. 31, s. 328

Offences and Punishment

Marginal note:Offence

  •  (1) Every person is guilty of an offence, if the person

    • (a) contravenes section 3, subsection 4(1) or (2), 5(1) or 7(12), section 8, subsection 10(1), 10.1(2), 10.2(1) or (2), 10.3(1) or 15(1), section 21, 22, 23 or 35 or subsection 37(1) or (2);

    • (b) contravenes an order given under paragraph 11(2)(a), (b) or (d), subsection 13(1) or (2), 15(3), 15.1(1) or 16(1) or paragraph 25.1(1)(a), (b), (d) or (e);

    • (c) does not take the measures required under subsection 10.3(2) or paragraph 15(2)(a) or (b);

    • (d) [Repealed, 2019, c. 28, s. 72]

    • (e) [Repealed, 2019, c. 28, s. 72]

    • (f) contravenes a regulation or order made under section 28; or

    • (g) contravenes an interim order made under section 32.

  • Marginal note:Penalties

    (1.1) Every person who is guilty of an offence under subsection (1) is liable, on summary conviction,

    • (a) in the case of an individual,

      • (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 to imprisonment for a term of not more than six months, or to both; and

    • (b) in the case of a corporation,

      • (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.

  • Marginal note:Vessel liable for fine

    (2) If any materials referred to in section 22 are thrown from or deposited by a vessel and a conviction is obtained for that activity, the vessel is liable for any fine that is imposed and may be detained by any port warden or the chief officer of customs at any port until the fine is paid.

  • Marginal note:Continuing offence

    (3) If the offence under subsection (1) is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

  • Marginal note:Officers, etc., of corporations

    (4) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to, and guilty of, the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

  • Marginal note:Duty to ensure compliance

    (5) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act.

  • Marginal note:Vicarious liability — acts of employees, agents and mandataries

    (6) A person is liable for an offence that is committed by that person’s employee or agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the offence is identified or proceeded against in accordance with this Act.

  • Marginal note:Due diligence defence

    (7) A person is not to be found guilty of an offence under subsection (1), other than for a contravention of subsection 37(1) or (2), if they establish that they exercised due diligence to prevent the commission of the offence.

  • 2009, c. 2, s. 340
  • 2012, c. 31, s. 329
  • 2019, c. 28, s. 72
 
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