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Canadian Navigable Waters Act (R.S.C., 1985, c. N-22)

Act current to 2021-10-07 and last amended on 2019-10-04. Previous Versions

Administration and Enforcement (continued)

Administrative Monetary Penalties (continued)

Rules of Law About Violations (continued)

Marginal note:Continuing violation

 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.

  • 2012, c. 31, s. 328

Other Provisions

Marginal note:Evidence

 In any proceeding for a violation, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

  • 2012, c. 31, s. 328

Marginal note:Limitation period or prescription

 Proceedings in respect of a violation may be commenced no later than two years after the day on which a designated person becomes aware of the acts or omissions that constitute the alleged violation.

Marginal note:Certification

 A document appearing to have been issued by the Minister or a designated person and certifying the day on which the acts or omissions that constitute the alleged violation became known to a designated person 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 evidence to the contrary, is proof that the designated person became aware of the acts or omissions on that day.

Marginal note:Information may be made public

 The Minister may make public the name and business address of a person who is deemed to have committed a violation or who was determined to have committed a violation, the acts or omissions and provisions at issue, and the amount payable as a result, if any.

  • 2012, c. 31, s. 328

Marginal note:How act or omission may be proceeded with

 If an act or omission may be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

  • 2012, c. 31, s. 328

Offences and Punishment

Marginal note:Offence

  •  (1) Every person is guilty of an offence, if the person

    • (a) contravenes section 3, subsection 4(1) or (2), 5(1) or 7(12), section 8, subsection 10(1), 10.1(2), 10.2(1) or (2), 10.3(1) or 15(1), section 21, 22, 23 or 35 or subsection 37(1) or (2);

    • (b) contravenes an order given under paragraph 11(2)(a), (b) or (d), subsection 13(1) or (2), 15(3), 15.1(1) or 16(1) or paragraph 25.1(1)(a), (b), (d) or (e);

    • (c) does not take the measures required under subsection 10.3(2) or paragraph 15(2)(a) or (b);

    • (d) [Repealed, 2019, c. 28, s. 72]

    • (e) [Repealed, 2019, c. 28, s. 72]

    • (f) contravenes a regulation or order made under section 28; or

    • (g) contravenes an interim order made under section 32.

  • Marginal note:Penalties

    (1.1) Every person who is guilty of an offence under subsection (1) is liable, on summary conviction,

    • (a) in the case of an individual,

      • (i) for a first offence, to a fine of not more than $100,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; and

    • (b) in the case of a corporation,

      • (i) for a first offence, to a fine of not more than $500,000, and

      • (ii) for a second or subsequent offence, to a fine of not more than $1,000,000.

  • Marginal note:Vessel liable for fine

    (2) If any materials referred to in section 22 are thrown from or deposited by a vessel and a conviction is obtained for that activity, the vessel is liable for any fine that is imposed and may be detained by any port warden or the chief officer of customs at any port until the fine is paid.

  • Marginal note:Continuing offence

    (3) If the offence under subsection (1) is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

  • Marginal note:Officers, etc., of corporations

    (4) If a corporation commits an offence under this Act, any officer, director or 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 liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

  • Marginal note:Duty to ensure compliance

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

  • Marginal note:Vicarious liability — acts of employees, agents and mandataries

    (6) A person is liable for an offence that is committed by that person’s employee or agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the offence is identified or proceeded against in accordance with this Act.

  • Marginal note:Due diligence defence

    (7) A person is not to be found guilty of an offence under subsection (1), other than for a contravention of subsection 37(1) or (2), if they establish that they exercised due diligence to prevent the commission of the offence.

Marginal note:Limitation period or prescription

 Proceedings in respect of an offence under this Act may be commenced no later than five years after the day on which a designated person becomes aware of the acts or omissions that constitute the alleged offence.

Marginal note:Certification

 A document appearing to have been issued by the Minister or a designated person and certifying the day on which the acts or omissions that constitute the alleged offence became known to a designated person 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 evidence to the contrary, is proof that the designated person became aware of the acts or omissions on that day.

Marginal note:Orders of court

 If a person is convicted of an offence under this Act, in addition to any punishment imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order imposing any one or more of the following prohibitions, directions or requirements on the person:

  • (a) a prohibition 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) a direction to publish, in any manner the court considers appropriate, the facts relating to the commission of the offence;

  • (c) a direction to pay the Minister an amount of money as compensation, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the Minister as a result of the commission of the offence;

  • (d) a direction to perform community service in accordance with any reasonable conditions that may be specified in the order;

  • (e) a direction to post a bond or provide surety or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section;

  • (f) a direction to submit to the Minister, on application by the Minister within three years after the date of the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances; and

  • (g) a requirement to comply with any other conditions that the court considers appropriate for securing the person’s good conduct and for preventing the person from repeating the offence or committing other offences under this Act.

 
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