Oil Tanker Moratorium Act (S.C. 2019, c. 26)

Marginal note:Contravention of other provisions

• 26 (1) Every person who contravenes any of the following is guilty of an offence:

  • (a) subsection 7(1) or (4);

  • (b) section 12;

  • (c) section 15;

  • (d) section 16;

  • (e) subsection 17(4) or (5); and

  • (f) section 18.

• Marginal note:Contravention of a direction

  (2) Every person or vessel that contravenes a direction given under section 8 or 10, paragraph 11(3)(j) or subsection 11(5) is guilty of an offence.

• Marginal note:Punishment

  (3) Every person or vessel that is guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Marginal note:Proof of offence by vessel

27 In a prosecution of a vessel for an offence under section 25, it is sufficient proof that the vessel has committed the offence to establish that the act that constitutes the offence was committed by the master or any person on board, whether or not the person on board has been identified.

Marginal note:Liability of owners, operators, etc.

• 28 (1) If a vessel commits an offence under section 25 and the owner, the operator, the master, an employee or an agent of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the offence, the owner, the operator, the master, the employee or the agent, as the case may be, is a party to and guilty of the offence and liable on conviction to the punishment provided for under that section for the offence, whether or not the vessel has been prosecuted or convicted.

• Marginal note:Liability of directors and officers

  (2) If a vessel commits an offence under section 25, every director or officer of a corporation that is an owner or an operator of the vessel who directed or influenced the corporation’s policies or activities in respect of the conduct that is the subject matter of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for under that section for the offence, whether or not the vessel has been prosecuted or convicted.

Marginal note:Directions deemed given to vessel

29 For the purpose of prosecuting a vessel for contravening a direction given under this Act, a direction given to the master, a crew member or any person on board who is, or appears to be, in charge of the vessel is deemed to have been given to the vessel.

Marginal note:Due diligence — persons

• 30 (1) A person must not be convicted of an offence under section 25, paragraph 26(1)(a), (b), (d) or (e) or subsection 26(2) if they establish that they exercised due diligence to prevent its commission.

• Marginal note:Due diligence — vessels

  (2) A vessel must not be convicted of an offence under section 25 or subsection 26(2) if the person who committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.

Summary Conviction Proceedings

Marginal note:Limitation period

• 31 (1) Proceedings by way of summary conviction under this Act may be instituted within two years after the day on which the Minister becomes aware of the subject matter of the proceedings.

• Marginal note:Certificate of Minister

  (2) A document that purports to have been issued by the Minister and that certifies the day on which the Minister became aware of the subject matter of the proceedings 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 any evidence to the contrary, is evidence that the Minister became aware of the subject matter on that day.

• Marginal note:Defendant outside Canada

  (3) If the proceedings cannot be commenced within two years because the proposed defendant is outside Canada, the proceedings may be commenced not later than 60 days after the day on which they arrive in Canada.

Review and Report

Marginal note:Review

• 32 (1) During the fifth year after the day on which this section comes into force, a review of the provisions and operation of this Act must be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose, including a review of the impact of this Act on the environment, on social and economic conditions and on the Indigenous peoples of Canada.

• Marginal note:Report on review

  (2) The committee referred to in subsection (1) must submit a report of the results of the review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, on any of the first 15 days on which the Senate or the House of Commons, as the case may be, is sitting after the report is completed.