Marginal note:Forfeiture of rough diamonds and other things
28 If a person is convicted of an offence under this Act, the convicting court may, on its own motion or at the request of any party to the proceedings, in addition to any punishment imposed, order the forfeiture to Her Majesty in right of Canada of rough diamonds or other things seized, by means of or in relation to which the offence was committed.
Marginal note:Consensual forfeiture
29 If the owner of rough diamonds or other things seized consents at any time to their forfeiture, they are forfeited to Her Majesty in right of Canada.
Marginal note:Forfeiture certificate
30 If rough diamonds or other things are forfeited under this Act, the Minister shall provide their former owner or the person having the possession, care or control of them at the time they were seized with a forfeiture certificate.
Marginal note:Disposition of rough diamonds forfeited
31 Rough diamonds or other things forfeited under this Act must be disposed of in the manner prescribed by the regulations.
Marginal note:Return of things seized if no forfeiture
32 (1) If rough diamonds or other things seized are not forfeited under this Act, they must be returned to their owner or the person having the possession, care or control of them at the time of their seizure.
(2) If the owner of rough diamonds or other things seized or the person having the possession, care or control of them at the time of their seizure is convicted of an offence under this Act and a fine is imposed, the rough diamonds or other things may be retained until the fine is paid.
Liability for Costs
Marginal note:Liability for costs
33 (1) Persons convicted of an offence under this Act are jointly and severally, or solidarily, liable for all the costs relating to the seizure, detention or forfeiture of rough diamonds or other things incurred by Her Majesty in right of Canada in excess of the net proceeds of disposition, if any.
Marginal note:Debt due to Her Majesty
(2) The costs referred to in subsection (1) are debts due to Her Majesty, and proceedings to recover them may be instituted in a court of competent jurisdiction at any time within five years after the time they were incurred.
34 The Governor in Council may make any regulations that are necessary for carrying out the purposes or provisions of this Act, including regulations
(a) prescribing the fees payable for the issuance or replacement of a Canadian Certificate; and
(b) designating any place as a point of entry for importing rough diamonds or as a point of exit for exporting them.
Marginal note:Ministerial regulations
35 The Minister may make regulations
(a) prescribing the classes of diamonds to be excluded from the definition rough diamond in section 2;
(a.1) respecting the manner of submitting an application under subsection 9(1) or section 11 and specifying the information that must be included in it and the documents that must accompany it;
(b) specifying the content of Canadian Certificates and the period of their validity;
(c) respecting the place and manner of submitting a report under subsection 13(1) and specifying the information that must be included in it;
(d) respecting the place and manner of submitting a report under subsection 16(1) and specifying the information that must be included in the report and documents that must accompany it;
(e) prescribing the requirements for containers to be used for the export or import of rough diamonds;
(f) prescribing the records, books of account or other documents or data to be kept by persons who export or import rough diamonds, their form and content and the period during which they must be kept; and
(g) respecting the disposition of rough diamonds or other things that are forfeited under this Act, the persons to be notified of their disposition and the manner of the notification.
- 2002, c. 25, s. 35
- 2005, c. 51, s. 6
Offences and Punishment
Marginal note:False or misleading information, and misrepresentation
36 No person shall wilfully furnish any false or misleading information or knowingly make any misrepresentation in an application for a Canadian Certificate or in connection with any subsequent use of the certificate or the export or disposition of the rough diamonds to which it relates.
Marginal note:Forging or altering a Canadian Certificate
37 No person shall forge a Canadian Certificate or erase or alter information appearing on one.
Marginal note:Transfer, sale, etc., of a Canadian Certificate
38 No person shall transfer, assign, give, barter or sell a Canadian Certificate if the person knows or ought to know that it will be used for the export of rough diamonds other than those in respect of which it was issued.
Marginal note:Failing to maintain or falsifying records
39 No person shall, in order to avoid compliance with this Act,
(a) destroy, alter, mutilate, secrete or dispose of records, books of account or other documents or data that they are required to keep under the regulations;
(b) make false or deceptive entries in those records, books, documents or data; or
(c) omit a material particular from those records, books, documents or data.
40 No person shall interfere with an inspector who is doing, or hinder or prevent an inspector from doing, anything that the inspector is authorized to do under this Act.
Marginal note:Summary conviction offence
40.1 (1) Every person who contravenes subsection 13(1) or (2) or 16(1) or (2) or section 22 or 40 is guilty of an offence punishable on summary conviction.
Marginal note:Limitation period
(2) A prosecution under subsection (1) may be instituted not later than three years after the time when the subject-matter of the complaint arose.
41 (1) Subject to subsection (2), every person who contravenes section 8 or 14 or any of sections 36 to 39 is guilty of
(a) an indictable offence and liable to a fine in an amount that is in the discretion of the court or to imprisonment for a term not exceeding 10 years, or to both; or
(b) an offence punishable on summary conviction and liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months, or to both.
(2) No person may be convicted of an offence for contravening section 14 in relation to rough diamonds that the Minister has ordered returned under subsection 15(1).
Marginal note:Limitation period
(3) A prosecution under paragraph (1)(b) may be instituted not later than three years after the time when the subject-matter of the complaint arose.
Marginal note:Factors to be considered when imposing sentence
(4) If an offender is convicted or discharged, under section 730 of the Criminal Code, of an offence under this Act, the court sentencing or discharging the offender shall, in addition to considering any other relevant factors, consider the nature and value of the exported or imported rough diamonds that are the subject-matter of the offence.
Marginal note:Additional fine
(5) If a person has been convicted of an offence under this Act and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence, the court may order the person to pay an additional fine in an amount equal to the court’s determination of the amount of the monetary benefits.
Marginal note:Officers, etc., of corporations
42 If a corporation commits an offence under this Act, any officer or director 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 punishment provided for the offence whether or not the corporation has been prosecuted or convicted.
Marginal note:Applicant for Certificate for non-resident
43 If a Canadian Certificate is issued to a person who has applied for it for, on behalf of or for the use of another person who is not a resident of Canada and that other person commits an offence under this Act, the person who applied for the certificate is, whether or not the non-resident person has been prosecuted or convicted, guilty of the like offence and liable, on conviction, to the punishment provided for the offence, on proof that the act or omission constituting the offence took place with the knowledge or consent of the person who applied for the certificate or that the person who applied for it failed to exercise due diligence to prevent the commission of the offence.
44 Any proceeding in respect of an offence under this Act may be instituted, tried or determined in the province where the offence was committed or in the province in which the person charged with the offence is, resides or has an office or place of business at the time the proceedings are instituted.
45 (1) The original or a copy of a bill of lading, customs form, commercial invoice or other document, in this section called a “shipping document”, is admissible in evidence in any prosecution under this Act in respect of rough diamonds if it appears from the shipping document that
(a) the rough diamonds were sent or shipped from Canada or came into Canada;
(b) a person, as shipper, consignor or consignee, sent or shipped the rough diamonds from Canada or brought the rough diamonds into Canada; or
(c) the rough diamonds were sent or shipped to a particular destination or person.
Marginal note:Proof of the facts
(2) In the absence of evidence to the contrary, a shipping document that is admissible in evidence under subsection (1) is proof of any of the facts set out in paragraph (1)(a), (b) or (c).
45.1 (1) Three years after its coming into force, the Minister shall cause a review of the provisions and operation of this Act to be undertaken.
(2) The Minister shall, within six months after causing a review to be undertaken pursuant to subsection (1), submit a report on the review to Parliament. If Parliament is not then sitting, the Minister shall submit the report to Parliament within the first 15 sitting days thereafter.
Coming into Force
Marginal note:Coming into force
Return to footnote *[Note: Act in force January 1, 2003, see SI/2003-3.]
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