Rouge National Urban Park Act (S.C. 2015, c. 10)

Short Title

Marginal note:Short title

1 This Act may be cited as the Rouge National Urban Park Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

ecological integrity

ecological integrity means, with respect to the Park, a condition that is determined to be characteristic of its natural region and likely to persist, including abiotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes. (intégrité écologique)

enforcement officer

enforcement officer means any person designated under section 24 or belonging to a class of persons so designated. (agent de l’autorité)

Minister

Minister means the Minister responsible for the Parks Canada Agency. (ministre)

national historic site

national historic site means a site, building or other place of national historic interest or significance that is commemorated under section 3 of the Historic Sites and Monuments Act. (lieu historique national)

Park

Park means the Rouge National Urban Park, established by section 4. (parc)

park warden

park warden means a person designated under section 23. (garde de parc)

public lands

public lands means lands, including submerged lands, belonging to Her Majesty in right of Canada or of which the Government of Canada has the power to dispose, regardless of whether that disposal is subject to any agreement between the Government of Canada and the Government of Ontario. (terres domaniales)

superintendent

superintendent means a person appointed under subsection 13(1) of the Parks Canada Agency Act who holds the office of superintendent of the Park, and includes any other person appointed under that Act who is authorized by the superintendent to act on his or her behalf. (directeur)

Her Majesty

Marginal note:Binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada or a province.

Park Established

Marginal note:Park established

4 Rouge National Urban Park, which is described in the schedule, is established for the purposes of protecting and presenting, for current and future generations, the natural and cultural heritage of the Park and its diverse landscapes, promoting a vibrant farming community and encouraging Canadians to discover and connect with their national protected heritage areas.

Management of the Park

Marginal note:Management by Minister

5 The Minister is responsible for the administration, management and control of the Park, including the administration of public lands in the Park and, for that purpose, the Minister may use and occupy those lands.

Marginal note:Factors to be considered

• 6 (1) Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, must be the first priority of the Minister when considering all aspects of the management of the Park.

• Marginal note:For greater certainty

  (2) For greater certainty, subsection (1) does not prevent the carrying out of agricultural activities as provided for in this Act.

Marginal note:National historic sites

7 The Minister must, in relation to any national historic site in the Park, ensure

• (a) that cultural resources are not impaired or under threat;

• (b) that cultural resources are maintained in a manner that will prevent or slow their deterioration and that any intervention carried out is in accordance with national conservation standards; and

• (c) that he or she does not take any action, including the making of a payment or the granting of any financial assistance or any authorization, that would have an adverse effect on cultural resources or on the communication to the public of the reasons for the commemoration of the national historic site.

Marginal note:Advisory committee

8 The Minister may establish a committee to advise the Minister on the management of the Park. The advisory committee may include representatives from local governments, Aboriginal or regional organizations and other organizations that the Minister considers appropriate.

Marginal note:Management plan

• 9 (1) Within five years after the establishment of the Park, the Minister must prepare a management plan that sets out a long-term vision for the Park and provides for management objectives and performance evaluation. The Minister must cause the management plan to be tabled in each House of Parliament.

• Marginal note:Area management approach

  (2) The management plan must set out a management approach, by area, that includes the following:

  • (a) the protection and presentation of natural and cultural heritage;

  • (b) the presentation of agricultural heritage and the encouragement of sustainable farming practices; and

  • (c) the installation and maintenance of infrastructure, buildings and other improvements.

• Marginal note:Review of management plan

  (3) The Minister must review the management plan at least every 10 years and must cause any amendments to the plan to be tabled in each House of Parliament.

Marginal note:Public consultation

10 The Minister must provide opportunities for public participation, including by Aboriginal organizations, in the development of the management plan and in relation to any other matters that the Minister considers relevant.

Marginal note:Agreements

11 The Minister may, for the purposes of the management of the Park, enter into agreements with federal and provincial ministers and agencies, local governments, Aboriginal organizations and other persons and organizations.

Marginal note:Clearing of land for installation or maintenance of infrastructure

12 The superintendent may issue, amend, suspend and revoke any permit or other authorization for the clearing of public lands in the Park for the purpose of installing or maintaining public infrastructure, including public utilities or transportation corridors.

Park Lands

Marginal note:Public lands

• 13 (1) The Minister may, in respect of public lands in the Park, enter into leases, grant easements and issue licences of occupation.

• Marginal note:Use of lands

  (2) Public lands in the Park in which a right or interest is held for any purpose under this Act remain part of the Park and that right or interest reverts to Her Majesty in right of Canada if those lands cease to be used for that purpose.

• Marginal note:Termination, etc.

  (3) The Minister may, in respect of public lands in the Park, terminate or accept the surrender of a lease and terminate or accept the relinquishment of an easement or a licence of occupation.

• Marginal note:Expropriation

  (4) The Expropriation Act applies in respect of the acquisition of an interest in public lands in the Park for the purposes of this Act if the holder of the interest does not consent and there is no cause for termination under subsection (3).

• Marginal note:Meaning of terms

  (5) For the purposes of subsection (4), the Minister is deemed to be a Minister referred to in paragraph (b) of the definition Minister in subsection 2(1) of the Expropriation Act and the Parks Canada Agency is deemed to be a department named in Schedule I to the Financial Administration Act.

• Marginal note:No other expropriation

  (6) Despite the Expropriation Act, no interest in land may be acquired by expropriation by Her Majesty in right of Canada for the purpose of enlarging the Park.

Marginal note:Amendment to schedule

• 14 (1) For the purpose of enlarging the Park, the Governor in Council may, by order, amend the schedule by altering the description of the Park, if the Governor in Council is satisfied that Her Majesty in right of Canada has title to the lands that are to be included in the Park, regardless of whether there are any charges on title.

• Marginal note:Judicial finding as to title

  (2) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have title to lands in the Park, the Governor in Council may, by order, amend the schedule by altering the description of the Park to remove those lands from the Park.

Marginal note:No disposition without authority

15 It is prohibited to dispose of public lands or a right or interest in public lands in the Park, except as permitted under this Act.

Marginal note:Authority to dispose

• 16 (1) Public lands or a right or interest in public lands in the Park may be disposed of to a federal or provincial authority, including the Toronto and Region Conservation Authority, or to a municipal authority, if the disposal is required for the purposes of the installation or maintenance of public infrastructure, including public utilities or transportation corridors.

• Marginal note:Restriction

  (2) Subsection (1) ceases to apply in respect of the transfer of the fee simple in the public lands when the total amount of lands in which fee simple has been transferred under that subsection reaches an area of 200 hectares.

• Marginal note:Amendment to schedule

  (3) The Governor in Council may, by order, amend the schedule by altering the description of the Park to remove the lands that have been disposed of.

• Marginal note:Reversion

  (4) Lands disposed of under subsection (1) revert to Her Majesty in right of Canada if those lands cease to be used for the purposes for which they were disposed of.

Pollution Clean-up

Marginal note:Mitigation of risks

• 17 (1) If a substance that is capable of degrading the natural environment, injuring natural or cultural resources or endangering human health is discharged or deposited in the Park, any person who has charge, management or control of the substance and any person who caused or contributed to the discharge or deposit must take reasonable measures to prevent any degradation of the natural environment and any danger to natural or cultural resources or to human health that may result from the discharge or deposit.

• Marginal note:Powers of superintendent and Minister

  (2) If the superintendent is of the opinion that a person is not taking the required measures, the superintendent may order the person to take those measures and, if the person fails to do so, the Minister may take those measures on behalf of Her Majesty in right of Canada.

• Marginal note:Expenses of clean-up

  (3) A person who fails to comply with an order given by the superintendent is liable for the expenses reasonably incurred by Her Majesty in right of Canada in taking the measures, and those expenses may be recovered from that person, with costs, in proceedings brought in the name of Her Majesty in any court of competent jurisdiction.

Prohibited Activities

Marginal note:Definitions

• 18 (1) The following definitions apply in this section.

  hunt

  hunt means to kill, injure, seize, capture or trap a wild animal, or to attempt to do so, and includes to pursue, stalk, track, search for, lie in wait for or shoot at a wild animal for any of those purposes. (chasser)

  possess

  possess includes, in relation to any person, knowingly having any thing in any place, whether or not that place belongs to or is occupied by the person, for his or her own use or benefit or for that of another person. (possession)

  traffic

  traffic means to sell, offer for sale, buy, offer to buy, exchange, give, send, transport or deliver. (trafic)

  wild animal

  wild animal means any individual of the animal kingdom that is not — or is no longer — domesticated, whether living or dead, at any developmental stage — including any egg or embryo — and any part or any derivative of such an individual. (animal sauvage)

• Marginal note:Prohibited activities

  (2) Except as permitted under this Act, it is prohibited to

  • (a) traffic in a wild animal, a plant, a part of a plant, any other naturally occurring object or product of natural phenomena or a cultural, historical or archaeological resource, whether it is in the Park or has been removed from it;

  • (b) hunt a wild animal in the Park;

  • (c) remove a wild animal, a plant, a part of a plant or any other naturally occurring object or product of natural phenomena from the Park;

  • (d) possess a wild animal, a plant, a part of a plant or any other naturally occurring object or product of natural phenomena that is in the Park or that has been removed from it;

  • (e) disturb, harm or destroy a wild animal or disturb, damage or destroy a plant, a part of a plant or any other naturally occurring object or product of natural phenomena that is in the Park or that has been removed from it;

  • (f) harvest timber in the Park;

  • (g) explore for minerals, oil or gas, or conduct an extractive activity, including mining, in the Park;

  • (h) dump or dispose of any substance in the Park;

  • (i) disturb a cultural, historical or archaeological resource in the Park, remove one from it or, whether it is in the Park or has been removed from it, damage, alter, destroy or possess one; or

  • (j) remove a park facility or other park property from the Park or, whether it is in the Park or has been removed from it, damage, alter or destroy a park facility or other park property.

• Marginal note:Exception — superintendent

  (3) Subsection (2) does not apply to the superintendent when he or she is performing his or her functions related to the management of the Park or to any other person authorized by the superintendent when they are performing those functions on the superintendent’s behalf.

• Marginal note:Exception — rescue and rehabilitation of animals

  (4) Subsection (2) does not apply to activities carried out by an organization whose purpose is the rescue and rehabilitation of wild animals if that organization has been authorized by the Minister to carry out those activities.

• Marginal note:Exception — recreational fishing

  (5) Recreational fishing is permitted in the Park, subject to any regulations that may be made under paragraph 20(1)(f).

Agricultural Activities

Marginal note:For greater certainty

19 For greater certainty, subsections 17(1) and 18(2) do not prevent the carrying out of agricultural activities by a lessee of public lands in the Park in accordance with their lease.

Regulations

Marginal note:Regulations

• 20 (1) The Governor in Council may make regulations respecting

  • (a) the preservation, control and management of the Park;

  • (b) the protection of flora, fauna, soil, waters, fossils, natural features and air quality;

  • (c) the protection, management, acquisition, disposition, disturbance, altering, removal or destruction of cultural, historical or archaeological resources;

  • (d) the taking of specimens of flora or fauna for scientific or propagation purposes, and the destruction or removal of dangerous or superabundant flora or fauna;

  • (e) the authorization of the use of lands in the Park, and the use or removal of flora and other natural objects, by Aboriginal people for traditional spiritual or ceremonial purposes;

  • (f) the management and regulation of fishing;

  • (g) the prevention and remedying of any pollution of land or water or any obstruction of waterways;

  • (h) the prevention and extinguishment of fires in the Park or threatening the Park;

  • (i) the issuance, amendment and termination of leases, licences of occupation and easements or servitudes, and the acceptance of the surrender of leases and the relinquishment of licences of occupation and easements or servitudes, of or over public lands in the Park;

  • (j) the restriction or prohibition of activities in the Park and the control of the use of resources and facilities in the Park;

  • (k) the establishment, operation, maintenance and administration and use of works and services of a public character, such as water, sewage, electricity, telephone, gas, fire protection and garbage removal and disposal;

  • (l) the establishment, maintenance, administration and use of roads, streets, highways, parking areas, sidewalks, streetworks, trails, wharves, docks, bridges and other improvements, and the circumstances under which they must be open or may be closed to public traffic or use;

  • (m) the control of traffic on roads, streets and highways and elsewhere in the Park, including the regulation of the speed, operation and parking of vehicles;

  • (n) the control of the location, standards, design, materials, construction, maintenance, removal and demolition of buildings, structures, facilities, signs and other improvements and the establishment of zones governing uses of land and buildings;

  • (o) the control of agriculture, businesses, trades, occupations, amusements, sports and other activities or undertakings, and the places where those activities or undertakings may be carried on;

  • (p) the preservation of public health and the prevention of disease;

  • (q) the inspection of buildings, structures, facilities and other improvements for the purpose of the enforcement of regulations made under paragraphs (n) to (p);

  • (r) the abatement and prevention of nuisances;

  • (s) the use, transportation and storage of pesticides and other toxic substances;

  • (t) public safety, including the control of firearms;

  • (u) the control of domestic animals, including the impounding or destruction of such animals found at large;

  • (v) the control of access to the Park by aircraft;

  • (w) the summary removal from the Park, by park wardens or enforcement officers, of persons found contravening specified provisions of this Act, the regulations or the Criminal Code, and the exclusion from the Park for prescribed periods of those persons or persons convicted of offences under those provisions;

  • (x) the acquisition or the sale of souvenirs, consumer articles and publications; and

  • (y) the removal of private property and the disposal of abandoned property.

• Marginal note:Superintendent’s powers

  (2) Regulations made under this section may authorize the superintendent, in the circumstances and subject to the limits that may be specified in the regulations,

  • (a) to vary any requirement of the regulations for purposes of public safety or the protection of natural, cultural, historical or archaeological resources in the Park;

  • (b) to issue, amend, suspend and revoke permits, licences and other authorizations in relation to any matter that is the subject of the regulations and to set their terms and conditions; and

  • (c) to order the taking of any action to counter any threat to public health or to remedy the consequences of any breach of the regulations.

Marginal note:Land claims agreements

• 21 (1) The Governor in Council may make regulations respecting the carrying on of traditional renewable resource harvesting activities in any area of the Park in the case where an agreement for the settlement of an Aboriginal land claim entered into by the Government of Canada makes provision for those activities in that area or where Aboriginal people have existing Aboriginal or treaty rights to those activities in that area.

• Marginal note:Variation by superintendent

  (2) Regulations made under this section may authorize the superintendent, in the circumstances and subject to the limits that may be specified in the regulations, to vary any requirement of the regulations for purposes of public safety or the protection of natural, cultural, historical or archaeological resources in the Park.

Marginal note:Incorporation by reference

• 22 (1) Regulations made under this Act may incorporate by reference any documents produced by a person or body other than the Minister or the superintendent.

• Marginal note:Reproduced or translated material

  (2) Regulations made under this Act may incorporate by reference documents that the Minister or the superintendent reproduces or translates from documents produced by a body or person other than the Minister or the superintendent

  • (a) with any adaptations of form and reference that will facilitate their incorporation into the regulations; or

  • (b) in a form that sets out only the parts of them that apply for the purposes of the regulations.

• Marginal note:Jointly produced documents

  (3) Regulations made under this Act may incorporate by reference documents that the Minister or the superintendent produces jointly with another government for the purpose of harmonizing the regulations with other laws.

• Marginal note:Internally produced standards

  (4) Regulations made under this Act may incorporate by reference technical or explanatory documents that the Minister or the superintendent produces, including

  • (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and

  • (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.

• Marginal note:Incorporation as amended from time to time

  (5) Documents may be incorporated by reference as amended from time to time.

• Marginal note:For greater certainty

  (6) Subsections (1) to (5) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

• Marginal note:Accessibility

  (7) The Minister must ensure that any document that is incorporated by reference in the regulations is accessible.

• Marginal note:Defence

  (8) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in the regulations is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (7) or it was otherwise accessible to the person.

• Marginal note:No registration or publication

  (9) For greater certainty, a document that is incorporated by reference in the regulations is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

Enforcement

Marginal note:Designation of park wardens

23 The Minister may designate persons appointed under the Parks Canada Agency Act whose duties include law enforcement to be park wardens for the enforcement of the provisions of this Act and the regulations and for the preservation and maintenance of the public peace in the Park, and for those purposes park wardens are peace officers within the meaning of the Criminal Code.

Marginal note:Designation of enforcement officers

24 The Minister may designate persons or classes of persons who are employed in the federal public administration or by a provincial, municipal or local authority or an Aboriginal government and whose duties include law enforcement to be enforcement officers for the purposes of the enforcement of specified provisions of this Act or the regulations, and for those purposes enforcement officers have the powers of, and are entitled to the protection provided by law to, peace officers within the meaning of the Criminal Code.

Marginal note:Contraventions Act

• 25 (1) The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or an Aboriginal government for the purpose of the enforcement of the provisions of this Act and the regulations that relate to offences that have been designated as contraventions under the Contraventions Act.

• Marginal note:Limitations regarding designations

  (2) The Minister may specify that a designation is in respect of all or specified offences under this Act that have been designated as contraventions under the Contraventions Act.

Marginal note:Certificate of designation and oath

• 26 (1) Every park warden and enforcement officer and every person designated under section 25 must be provided with a certificate of designation in a form approved by the Minister and must take and subscribe an oath prescribed by the Minister.

• Marginal note:Limitations must be specified

  (2) The certificate must specify the limitations, if any, to which the designation is subject.

Marginal note:Right of passage

27 In the discharge of their duties, park wardens and enforcement officers and any persons accompanying them may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.

Marginal note:Immunity

28 Park wardens and enforcement officers are not personally liable for any thing done or omitted to be done in good faith in the exercise or performance of their powers, duties or functions under this Act.

Marginal note:Arrest without warrant

29 A park warden or enforcement officer may, in accordance with the Criminal Code, arrest without warrant any person

• (a) whom the warden or officer finds committing an offence under this Act; or

• (b) who the warden or officer believes, on reasonable grounds, has committed or is about to commit an offence under this Act.

Marginal note:Search and seizure

• 30 (1) A park warden or enforcement officer may

  • (a) enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and

  • (b) seize any thing that the warden or officer believes on reasonable grounds is a thing described in subsection (2).

• Marginal note:Authority to issue warrant

  (2) A justice of the peace may, on ex parte application, issue a warrant authorizing a park warden or enforcement officer named in the warrant to, subject to any conditions specified in it, enter and search any place, including any building or any vehicle, vessel or other conveyance, or open and examine any package or receptacle, if the justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in the place, package or receptacle

  • (a) any thing in relation to which there are reasonable grounds to believe an offence under this Act has been committed; or

  • (b) any thing that there are reasonable grounds to believe will afford evidence with respect to the commission of such an offence.

• Marginal note:Warrant not necessary

  (3) A park warden or enforcement officer may exercise any powers under subsection (1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain one.

Marginal note:Custody of things seized

• 31 (1) Subject to subsections (2) and (3) and sections 43 and 44, if a park warden or enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code,

  • (a) sections 489.1 and 490 of the Criminal Code apply; and

  • (b) the warden or officer, or any person that the warden or officer designates, must retain custody of the thing, subject to any order made under section 490 of the Criminal Code.

• Marginal note:Forfeiture if ownership not ascertainable

  (2) If the lawful ownership of or entitlement to a seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada, if the thing was seized by a park warden or by an enforcement officer employed in the federal public administration, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or an Aboriginal government.

• Marginal note:Perishable things

  (3) If a seized thing is perishable, the park warden or enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after its seizure, in which case they must be retained by the warden or officer pending the outcome of those proceedings.

Marginal note:Liability for costs

32 If a thing is seized under this Act, the person who owned the thing at the time that it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition.

Offences and Penalties

Marginal note:Offence

• 33 (1) Every person who contravenes subsection 17(1) is guilty of an offence and liable

  • (a) on conviction on indictment,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000,

    • (ii) in the case of a corporation, other than one referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and

    • (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation,

      • (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

  • (b) on summary conviction,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not less than $5,000 and not more than $300,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000,

    • (ii) in the case of a corporation, other than one referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and

    • (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation,

      • (A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

• Marginal note:Offence

  (2) Every person who contravenes paragraph 18(2)(a) is guilty of an offence and liable

  • (a) on conviction on indictment,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not less than $7,500 and not more than $500,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $15,000 and not more than $1,000,000,

    • (ii) in the case of a corporation, other than one referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not less than $400,000 and not more than $5,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $800,000 and not more than $10,000,000, and

    • (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation,

      • (A) for a first offence, to a fine of not less than $25,000 and not more than $3,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $6,000,000; or

  • (b) on summary conviction,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not less than $4,000 and not more than $225,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $8,000 and not more than $450,000,

    • (ii) in the case of a corporation, other than one referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not less than $50,000 and not more than $3,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $100,000 and not more than $6,000,000, and

    • (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation,

      • (A) for a first offence, to a fine of not less than $15,000 and not more than $1,250,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,500,000.

• Marginal note:Offence

  (3) Every person who contravenes any of paragraphs 18(2)(b) to (j), any provision of the regulations or any condition of a permit, licence or other authorization issued under the regulations or under section 12 is guilty of an offence and liable

  • (a) on conviction on indictment,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not more than $100,000, and

      • (B) for a second or subsequent offence, to a fine of not more than $200,000,

    • (ii) in the case of a corporation, other than one referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not more than $500,000, and

      • (B) for a second or subsequent offence, to a fine of not more than $1,000,000, and

    • (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation,

      • (A) for a first offence, to a fine of not more than $250,000, and

      • (B) for a second or subsequent offence, to a fine of not more than $500,000; or

  • (b) on summary conviction,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not more than $25,000, and

      • (B) for a second or subsequent offence, to a fine of not more than $50,000,

    • (ii) in the case of a corporation, other than one referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not more than $250,000, and

      • (B) for a second or subsequent offence, to a fine of not more than $500,000, and

    • (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation,

      • (A) for a first offence, to a fine of not more than $50,000, and

      • (B) for a second or subsequent offence, to a fine of not more than $100,000.

Marginal note:Offences involving more than one animal, plant or object

• 34 (1) If an offence involves more than one wild animal, plant or object, the fine to be imposed in respect of that offence may, despite section 33, be the total of the fines that would have been imposed if each of the wild animals, plants or objects had been the subject of a separate information.

• Marginal note:Continuing offences

  (2) If an offence is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

• Marginal note:Deeming — second and subsequent offence

  (3) For the purposes of section 33, a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under federal or provincial legislation that relates to environmental or wildlife protection or conservation or to the protection of natural, cultural, historical or archaeological resources.

• Marginal note:Limitation

  (4) For the purposes of subsection (3), only previous convictions on indictment or on summary conviction, or under any similar procedure under any Act of the legislature of a province, are to be considered as previous convictions.

Marginal note:Due diligence defence

35 A person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent its commission.

Marginal note:Determination of small revenue corporation status

36 For the purpose of section 33, a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’s gross revenues for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000.

Marginal note:Fundamental purpose of sentencing

37 The fundamental purpose of sentencing for offences under this Act is to contribute to respect for the law establishing and protecting the Park through the imposition of just sanctions that have as their objectives

• (a) to deter the offender and any other person from committing offences under this Act;

• (b) to denounce unlawful conduct that damages or creates a risk of damage to the Park; and

• (c) to restore resources in the Park.

Marginal note:Sentencing principles

• 38 (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court must consider the following principles when sentencing a person who is convicted of an offence under this Act:

  • (a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and

  • (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence.

• Marginal note:Aggravating factors

  (2) The aggravating factors are the following:

  • (a) the offence caused damage or risk of damage to resources in the Park;

  • (b) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable resources in the Park;

  • (c) the damage caused by the offence is extensive, persistent or irreparable;

  • (d) the offender committed the offence intentionally or recklessly;

  • (e) by committing the offence or failing to take action to prevent its commission, the offender increased their revenue or decreased their costs or intended to increase their revenue or decrease their costs;

  • (f) the offender committed the offence despite having been warned by the superintendent, a park warden or an enforcement officer of the circumstances that subsequently became the subject of the offence;

  • (g) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife protection or conservation or to the protection of natural, cultural, historical or archaeological resources; and

  • (h) after the commission of the offence, the offender

    • (i) attempted to conceal its commission,

    • (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or

    • (iii) failed to take prompt action to reduce the risk of committing similar offences in the future.

• Marginal note:Absence of aggravating factor

  (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor.

• Marginal note:Meaning of damage

  (4) For the purposes of paragraphs (2)(a) to (c), damage includes loss of use value and non-use value.

• Marginal note:Reasons

  (5) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, it must give reasons for that decision.

Marginal note:Relief from minimum fine

39 The court may impose a fine that is less than the minimum amount provided for in section 33 if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court must provide reasons if it imposes a fine that is less than the minimum amount provided for in that section.

Marginal note:Additional fine

40 If a person is convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court must order the person to pay an additional fine in an amount of money equal to the court’s estimation of the value of that property, benefit or advantage. The additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act.

Marginal note:Notice to shareholders

41 If a corporation that has shareholders is convicted of an offence under this Act, the court must make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed.

Marginal note:Liability of directors, officers, etc., of corporations

• 42 (1) If a corporation commits an offence under this Act, any director, officer, 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 is liable on conviction to the penalty provided for by this Act for an individual in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted or convicted.

• Marginal note:Duties of directors and officers of corporations

  (2) Every director and officer of a corporation must take all reasonable care to ensure that the corporation complies with

  • (a) this Act; and

  • (b) orders made by a court or the superintendent under this Act.

Marginal note:Forfeiture

• 43 (1) If a person is convicted of an offence, the court may, in addition to any punishment imposed, order that any seized thing, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada.

• Marginal note:Return if no forfeiture ordered

  (2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition must be returned or paid to its owner or the person lawfully entitled to it.

• Marginal note:Retention or sale

  (3) If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.

Marginal note:Disposition by Minister

44 Any seized thing that has been forfeited under this Act to Her Majesty in right of Canada or abandoned by its owner may be dealt with and disposed of as the Minister may direct.

Marginal note:Application of fines

• 45 (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act, are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the Park or for administering that Fund.

• Marginal note:Recommendations of court

  (2) The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or organization specified by the court for a purpose referred to in subsection (1).

Marginal note:Orders of court

• 46 (1) If a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed and 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 person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

  • (b) directing the person to take any action that the court considers appropriate to remedy or avoid any damage to any resources in the Park that resulted or may result from the commission of the offence;

  • (c) directing the person to compensate any person, monetarily or otherwise, in whole or in part, for the cost of any remedial or preventive action that is taken, that is caused to be taken or that is to be taken as a result of the act or omission that constituted the offence, including the costs of assessing the appropriate remedial or preventive action;

  • (d) directing the person to post a bond or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section;

  • (e) directing the person to prepare and implement a pollution prevention plan or an environmental emergency plan;

  • (f) directing the person to carry out, in the manner established by the Minister, monitoring of the environmental effects of any activity or works on resources in the Park or directing the person to pay, in the manner specified by the court, an amount of money for that purpose;

  • (g) directing the person to implement an environmental management system approved by the Minister;

  • (h) directing the person to have an environmental audit conducted by a person of a class specified by the Minister at the times specified by the Minister and to remedy any deficiencies revealed during the audit;

  • (i) directing the person to pay to Her Majesty in right of Canada an amount of money that the court considers appropriate for the purpose of promoting the protection, conservation or restoration of the Park;

  • (j) directing the person to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;

  • (k) directing the person to notify, at the person’s own cost and in the manner specified by the court, any person aggrieved or affected by the person’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;

  • (l) directing the person to submit to the Minister, if requested to do so by the Minister at any time within three years after the date of conviction, any information with respect to the person’s activities that the court considers appropriate in the circumstances;

  • (m) directing the person to perform community service, subject to any reasonable conditions that are imposed in the order;

  • (n) directing the person to pay, in the manner specified by the court, an amount of money to enable research to be conducted into the protection, conservation or restoration of the Park;

  • (o) requiring the person to surrender to the Minister any permit, licence or other authorization issued to the person under this Act;

  • (p) prohibiting the person from applying for any new permit, licence or other authorization under this Act during any period that the court considers appropriate;

  • (q) directing the person to pay, in the manner specified by the court, an amount of money to environmental or other groups, to assist in their work related to the Park;

  • (r) directing the person to pay, in the manner specified by the court, an amount of money to an educational institution, including for scholarships for students enrolled in studies related to the environment; and

  • (s) requiring the person to comply with any other conditions that the court considers appropriate.

• Marginal note:Suspended sentence

  (2) If a person is convicted of an offence under this Act and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order referred to in subsection (1).

• Marginal note:Imposition of sentence

  (3) If a person does not comply with an order made under subsection (2) or is convicted of another offence, the court may, within three years after the order was made, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended.

• Marginal note:Publication

  (4) If a person fails to comply with an order made under paragraph (1)(j), the Minister may, in the manner that the court directed the person to do so, publish the facts relating to the commission of the offence and the details of the punishment imposed and recover the costs of publication from the person.

• Marginal note:Debt due to Her Majesty

  (5) If the court makes an order under paragraph (1)(c) or (i) directing a person to pay an amount of money to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (4), the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

• Marginal note:Enforcement

  (6) If the court makes an order under paragraph (1)(c) directing a person to pay an amount of money to any person other than Her Majesty in right of Canada and the amount is not paid without delay, that other person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the person who was directed to pay the amount in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

• Marginal note:Cancellation or suspension of permits, etc.

  (7) If the court makes an order under paragraph (1)(o), any permit, licence or other authorization to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate.

• Marginal note:Coming into force and duration of order

  (8) An order made under subsection (1) comes into force on the day on which it is made or on any other day that the court may determine and must not continue in force for more than three years after that day unless the court provides otherwise in the order.

Marginal note:Compensation for loss of property

• 47 (1) If a person has been convicted of an offence under this Act, the court may, at the time sentence is imposed and on the application of the person aggrieved, order the offender to pay to the aggrieved person an amount of money by way of satisfaction or compensation for loss of or damage to property suffered by that person as a result of the commission of the offence.

• Marginal note:Enforcement

  (2) If the amount ordered to be paid under subsection (1) is not paid without delay, the aggrieved person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

Marginal note:Compensation for cost of remedial or preventive action

• 48 (1) A court must not, under paragraph 46(1)(c), order a person convicted of an offence to compensate another person for the cost of any remedial or preventive action referred to in that paragraph if the other person is entitled to make a claim for compensation for that cost under the Marine Liability Act.

• Marginal note:Compensation for loss or damage — property

  (2) A court must not, under subsection 47(1), order a person convicted of an offence to pay to another person an amount of money by way of satisfaction or compensation for loss of or damage to property if the other person is entitled to make a claim for compensation for that loss or damage under the Marine Liability Act.

Marginal note:Limitation period

49 No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years.

Marginal note:Contraventions Act

50 If an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention.

Marginal note:Publication of information about contraventions

• 51 (1) For the purpose of encouraging compliance with this Act, the Minister must publish, in a registry accessible to the public, information about all convictions of corporations for offences under this Act.

• Marginal note:Retention

  (2) Information in the registry is to be maintained for a minimum of five years.

Marginal note:Review

• 52 (1) The Minister must, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 33 to 51.

• Marginal note:Report to Parliament

  (2) The Minister must, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.

Non-Application of Statutory Instruments Act

Marginal note:Statutory Instruments Act

53 The Statutory Instruments Act does not apply to a permit, licence or other authorization issued under this Act.

Claim in Respect of Aboriginal Rights

Marginal note:Aboriginal resource harvesting

54 If an area of the Park is subject to a claim in respect of Aboriginal rights that has been accepted for negotiation by the Government of Canada, nothing in this Act precludes the carrying on of traditional renewable resource harvesting activities in that area by the Aboriginal people who have made that claim.

Consequential Amendments

Canada Lands Surveys Act

55 [Amendments]

Parks Canada Agency Act

56 [Amendment]

57 [Amendment]

58 [Amendment]

59 [Amendment]

Species at Risk Act

60 [Amendment]

Environmental Violations Administrative Monetary Penalties Act

61 [Amendments]

Coming into Force

Marginal note:Order in council

Footnote ^*62 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force May 15, 2015, see SI/2015-37.]