Marine Liability Act

Marginal note:Violation

• 130.01 (1) Every person who contravenes any of the following provisions commits a violation and is liable to a penalty:

  • (a) subsections 74.4(2) and (3), paragraphs 114.1(2)(a) and (b), subsections 114.2(1), 117.1(1), 117.3(2) and 118(1) and (1.1), section 118.1 and subsection 129(7); and

  • (b) a provision of this Act or of the regulations the contravention of which is designated as a violation by a regulation made under paragraph 130.19(a).

• Marginal note:Penalty

  (2) The maximum amount payable as the penalty for each violation set out in subsection (1) is, in the case of an individual, $50,000 and, in the case of any other person, $250,000.

• Marginal note:Clarification

  (3) If a contravention of a provision may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.

• Marginal note:Nature of violation

  (4) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

• Marginal note:Due diligence defence

  (5) A person shall not be found to be liable for a violation under this Act, other than in relation to a contravention of subsection 117.3(2) or 118(1) or (1.1), if they establish that they exercised due diligence to prevent its commission.