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

Act current to 2019-06-20 and last amended on 2015-02-26. Previous Versions

Arrest, Search and Seizure (continued)

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
 
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