Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Saguenay-St. Lawrence Marine Park Act (S.C. 1997, c. 37)

Act current to 2022-07-25 and last amended on 2015-02-26. Previous Versions

Arrest, Search and Seizure (continued)

Marginal note:Custody of things seized

  •  (1) Subject to subsections (2) and (3) and sections 21.5 and 21.6, if a park warden or enforcement officer seizes a thing under this Act or under a warrant issued pursuant to 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 may designate, shall 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 ownership of or the lawful entitlement to a seized thing cannot be ascertained within 30 days after the day on which it was seized, 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 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 by 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 the day on which it was seized, in which case the proceeds must be retained by the warden or officer pending the outcome of those proceedings.

  • 2009, c. 14, s. 113

Marginal note:Liability for costs

 If a thing is seized under this Act, the person who owned the thing at the time 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, if any.

  • 2009, c. 14, s. 113

Offences and Punishment

Marginal note:Offence

  •  (1) Every person who contravenes any provision of this Act or any provision of the regulations designated by regulations made under paragraph 17(m.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 or to imprisonment for a term of not more than five years, or to both, and

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

      • (ii) in the case of a person, other than an individual or a corporation 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 20.4 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 or to imprisonment for a term of not more than six months, or to both, and

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

      • (ii) in the case of a person, other than an individual or a corporation 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 20.4 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:Contravention of other provisions of regulations

    (2) Every person who contravenes any provision of the regulations other than a provision designated by regulations made under paragraph 17(m.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 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 person, other than an individual or a corporation 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 20.4 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 person, other than an individual or a corporation 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 20.4 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.

  • 1997, c. 37, s. 20
  • 2009, c. 14, s. 114

Marginal note:Continuing offences

 If a contravention of a provision of this Act or of the regulations is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

  • 2009, c. 14, s. 114

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

 If an offence under this Act involves more than one animal, plant or object, the fine to be imposed in respect of that offence may, despite section 20, be the total of the fines that would have been imposed if each of the animals, plants or objects had been the subject of a separate information.

  • 2009, c. 14, s. 114

Marginal note:Deeming — second and subsequent offence

  •  (1) For the purposes of section 20, 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 — under any Act of Parliament, or any Act of the legislature of a province, that relates to environmental or wildlife protection or conservation, or the protection of cultural, historical or archaeological resources — of a substantially similar offence.

  • Marginal note:Application

    (2) Subsection (1) applies only to previous convictions on indictment and to previous convictions on summary conviction, and to previous convictions under any similar procedure under any Act of the legislature of a province.

  • 2009, c. 14, s. 114

Marginal note:Determination of small revenue corporation status

 For the purpose of section 20, 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.

  • 2009, c. 14, s. 114

Marginal note:Relief from minimum fine

 The court may impose a fine that is less than the minimum amount provided for in subsection 20(1) if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court shall provide reasons if it imposes a fine that is less than the minimum amount provided for in that subsection.

  • 2009, c. 14, s. 114

Marginal note:Additional fine

 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 shall order the person to pay an additional fine in an amount 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.

  • 2009, c. 14, s. 114

Marginal note:Notice to shareholders

 If a corporation that has shareholders has been convicted of an offence under this Act, the court shall 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.

  • 2009, c. 14, s. 114

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

  •  (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

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

    • (a) this Act and the regulations;

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

    • (c) directions of the superintendent, a park warden or an enforcement officer made under this Act.

  • 2009, c. 14, s. 114

Marginal note:Fundamental purpose of sentencing

 The fundamental purpose of sentencing for offences under this Act is to contribute to respect for the law 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 park resources.

  • 1997, c. 37, s. 21
  • 2009, c. 14, s. 114

Marginal note:Sentencing principles

  •  (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 shall 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 any park resources;

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

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

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

    • (e) the offender failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so;

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

    • (g) 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;

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

    • (i) 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.

  • 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, the court shall give reasons for that decision.

  • 2009, c. 14, s. 114

Marginal note:Application of fines

  •  (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 an organization specified by the court for a purpose referred to in subsection (1).

  • 2009, c. 14, s. 114
 
Date modified: