Wrecked, Abandoned or Hazardous Vessels Act (S.C. 2019, c. 1)

Offences and Punishment

Offences and Punishment

Marginal note:Offence — persons

• 110 (1) Every person that contravenes any of the following commits an offence:

  • (a) subsection 24(2) or 26(2);

  • (b) subsection 19(1), section 20, 31 or 33, subsection 58(1) or (3), section 60 or subsection 82(7) or (8);

  • (c) subsection 30(1), 32(1) or 34(1) or section 70, 78, 83, 87 or 88;

  • (d) a direction given under paragraph 37(3)(c), 58(4)(b), 67(2)(e), (k) or (m) or (3)(a), 74(2)(e), (k) or (m) or (3)(a) or 84(1)(b);

  • (e) a direction given under subsection 21(1), paragraph 30(3)(c) or 36(c), subsection 37(1) or (2) or paragraph 67(4)(b);

  • (f) a provision of the regulations.

• Marginal note:Offence — vessels

  (2) Every vessel that contravenes any of the following commits an offence:

  • (a) paragraph 24(1)(a) or (b);

  • (b) a direction given under paragraph 37(3)(c), 67(3)(b) or 74(3)(b) or subsection 74(4);

  • (c) a direction given under paragraph 30(3)(c) or 36(c) or subsection 67(4);

  • (d) a provision of the regulations.

• Marginal note:Punishment — certificates

  (3) Every person or vessel that commits an offence under paragraph (1)(a) or (2)(a) is liable on summary conviction to a fine of not more than $100,000.

• Marginal note:Punishment — individuals

  (4) Every individual who commits an offence under paragraph (1)(c) or (e) is liable

  • (a) on conviction on indictment 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 three years, or to both; or

  • (b) on summary conviction 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.

• Marginal note:Punishment — individuals

  (5) Every individual who commits an offence under any of paragraphs (1)(b), (d) and (f) is liable on summary conviction 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.

• Marginal note:Punishment — other persons and vessels

  (6) Every person, other than an individual, or vessel that commits an offence under any of paragraphs (1)(c) and (e) and (2)(c) is liable

  • (a) on conviction on indictment to a fine of not less than $500,000 and not more than $6,000,000; or

  • (b) on summary conviction to a fine of not less than $100,000 and not more than $4,000,000.

• Marginal note:Punishment — other persons and vessels

  (7) Every person, other than an individual, or vessel that commits an offence under any of paragraphs (1)(b), (d) and (f) and (2)(b) and (d) is liable on summary conviction to a fine of not less than $100,000 and not more than $4,000,000.

Marginal note:Relief from minimum fine

111 The court may impose a fine that is less than the minimum amount provided for in subsections 110(4) to (7) if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship or would be grossly disproportionate to the nature and gravity of the offence. The court must provide reasons if it imposes a fine that is less than the minimum amount provided for in any of those subsections.

Marginal note:Continuing offences

112 If an offence under section 110 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:Court order

113 If a person is found guilty of an offence under this Act, the court may, in addition to any other punishment it may impose, make an order

• (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 the court considers appropriate to remedy or avoid any harm that results or may result from the commission of the offence;

• (c) directing the person to pay the Minister or the Minister of Fisheries and Oceans an amount of money as compensation, in whole or in part, for the costs and expenses of any remedial or preventive action taken by or caused to be taken on behalf of the Minister or the Minister of Fisheries and Oceans as a result of the commission of the offence; and

• (d) prohibiting the person from operating a vessel or providing services essential to the operation of a vessel for the period or at the times and places that may be specified in the order.

Marginal note:Service

• 114 (1) If a vessel is charged with an offence under subsection 110(2), the summons must be served

  • (a) by delivering it to the authorized representative of the vessel or, in the absence of an authorized representative, a person in charge of the vessel; or

  • (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by posting the summons on any conspicuous part of the vessel.

• Marginal note:Appearance at trial

  (2) If a vessel is charged with an offence under subsection 110(2), the vessel may appear by counsel or representative before the court. Despite the Criminal Code, if the vessel does not so appear, a court may, on proof of service of the summons, proceed to hold the trial.

Marginal note:Proof of offence by vessel

115 In a prosecution of a vessel for an offence under subsection 110(2), it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by a person in charge of the vessel, whether or not the person has been identified.

Marginal note:Party to offence committed by vessel

• 116 (1) If a vessel commits an offence under subsection 110(2) and a person in charge of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the offence, that person is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the vessel has been prosecuted or convicted.

• Marginal note:Party to offence committed by corporation

  (2) If a corporation commits an offence under this Act, any director, officer or agent or mandatary of the person 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:Offence by employee or agent or mandatary

117 A person is liable for an offence that is committed by the person’s employee or their agent or mandatary, whether or not the employee or agent or mandatary who actually committed the offence is identified or prosecuted for the offence under this Act.

Marginal note:Direction to vessel

118 For the purposes of prosecuting a vessel for contravening a direction given under this Act, a direction is deemed to have been given to the vessel if

• (a) the direction is given to the authorized representative or a person in charge of the vessel; or

• (b) in the case of a direction that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the vessel.

Marginal note:Due diligence defence — persons

• 119 (1) A person must not be found guilty of an offence under this Act, other than in relation to a contravention of subsection 34(1) or 60(2) or section 70, 78, 83 or 88, if they establish that they exercised due diligence to prevent its commission.

• Marginal note:Due diligence defence — vessels

  (2) A vessel must not be found guilty of an offence under this Act if the person that committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.

Marginal note:Limitation or prescription period

• 120 (1) Proceedings by way of summary conviction under this Act may be commenced no later than two years after the day on which an enforcement officer becomes aware of the subject matter of the proceedings.

• Marginal note:Certificate

  (2) A document that purports to have been issued by the enforcement officer and that certifies the day on which they 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 enforcement officer became aware of the subject matter on that day.

• Marginal note:Defendant outside Canada

  (3) If the proceedings cannot be commenced 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.

Forfeiture, Retention or Disposition

Marginal note:Forfeiture

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

• Marginal note:Return where 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.

• Marginal note:Protection of persons claiming interest

  (3) The provisions of sections 74 to 76 of the Fisheries Act apply, with such modifications as the circumstances require, in respect of any thing forfeited under subsection (1) as though it were a thing forfeited under subsection 72(1) of that Act.

Marginal note:Retention or disposition

122 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 disposed of and the proceeds applied, in whole or in part, in payment of the fine.

Jurisdiction

Marginal note:Jurisdiction in relation to offences

123 If a person or a vessel is charged with having committed an offence under this Act, any court in Canada that would have had cognizance of the offence if it had been committed by a person or vessel within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been committed there.

Reporting of Alleged Contraventions

Marginal note:Reasonable grounds

• 124 (1) An individual who has reasonable grounds to believe that a person or vessel has contravened or intends to contravene a provision of this Act or the regulations may notify the minister responsible for administering that provision of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.

• Marginal note:Confidentiality

  (2) The identity of an individual to whom the Minister or the Minister of Fisheries and Oceans has provided an assurance of confidentiality may be disclosed by the Minister or the Minister of Fisheries and Oceans only in accordance with the Privacy Act.

Injunction

Marginal note:Injunction

• 125 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has committed, is about to commit or is likely to commit an act or omission that constitutes or is directed toward the commission of an offence under this Act, the court may order the person named in the application to

  • (a) refrain from doing an act that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or

  • (b) do an act that it appears to the court may prevent the commission of an offence under this Act.

• Marginal note:Notice

  (2) No order may be made unless 48 hours’ notice is served on the person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

PART 6General

Marginal note:Statutory Instruments Act

126 A direction or detention order under this Act is not a statutory instrument for the purposes of the Statutory Instruments Act.