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

Prohibitions

Marginal note:False statements or information

• 37 (1) No person shall knowingly, orally or in writing, make a false or misleading statement or provide false or misleading information, in connection with any matter under this Act, to a designated person who is carrying out their functions under section 34.

• Marginal note:Obstruction

  (2) No person shall knowingly obstruct or hinder a designated person who is carrying out their functions under section 34.

Injunction

Marginal note:Injunction

• 38 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence or a violation under this Act, the court may issue an injunction ordering a person named in the application

  • (a) to refrain from doing an act that, in the opinion of the court, may constitute or be directed toward the commission of the offence or the violation; or

  • (b) to do an act that, in the opinion of the court, may prevent the commission of the offence or the violation.

• Marginal note:Notice

  (2) No injunction may be issued under subsection (1) unless 48 hours’ notice is served on the party or parties named in the application or the urgency of the situation is such that service would not be in the public interest.

Immunity

Marginal note:Not personally liable

• 39 (1) Servants of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, and persons accompanying a designated person under subsection 34(3.1) are not personally liable for anything they do or omit to do in good faith under this Act.

• Marginal note:Crown not relieved

  (2) Subsection (1) does not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability for a tort or extracontractual civil liability to which the Crown would otherwise be subject.

Administrative Monetary Penalties

Violations

Marginal note:Commission of violation

• 39.1 (1) Every person who contravenes a provision designated under paragraph 28(1)(i) commits a violation and is liable to a penalty established in accordance with the regulations.

• Marginal note:Purpose of penalty

  (2) The purpose of a penalty is to promote compliance with this Act and not to punish.

• Marginal note:Maximum penalty

  (3) The maximum penalty for a violation is $50,000, in the case of an individual, and $250,000 in any other case.

Proceedings

Marginal note:Notice of violation

• 39.11 (1) A designated person may issue a notice of violation and cause it to be provided to a person if the designated person has reasonable grounds to believe that the person has committed a violation.

• Marginal note:Contents of notice

  (2) The notice of violation shall

  • (a) name the person believed to have committed the violation;

  • (b) identify the acts or omissions that constitute the alleged violation;

  • (c) set out the penalty for the violation that the person is liable to pay;

  • (d) set out the particulars concerning the time and manner of payment; and

  • (e) set out a lesser amount that may be paid as complete satisfaction of the penalty if it is paid within the prescribed time and in the prescribed manner that are specified in the notice.

• Marginal note:Summary of rights

  (3) A notice of violation shall summarize, in plain language, the rights and obligations under this section and sections 39.12 to 39.23 of the person to whom it is provided, including the right to request a review of the acts or omissions that constitute the alleged violation or of the amount of the penalty and the procedure for requesting the review.

• Marginal note:Short-form descriptions

  (4) The Minister may establish a short-form description of each violation to be used in notices of violation.

Penalties

Marginal note:Effect of payment

• 39.12 (1) If the person who is named in a notice of violation pays, within the prescribed time and in the prescribed manner that are specified in the notice, the amount of the penalty — or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty — set out in the notice,

  • (a) the person is deemed to have committed the violation to which the amount paid relates;

  • (b) the Minister shall accept the amount paid as complete satisfaction of the penalty; and

  • (c) the proceedings commenced in respect of the violation under section 39.11 are ended.

• Marginal note:Alternatives to payment

  (2) Instead of paying the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, the person who is named in the notice may, within the prescribed time and in the prescribed manner that are specified in the notice, request a review by the Tribunal of the acts or omissions that constitute the alleged violation or of the amount of the penalty, as the case may be.

• Marginal note:Deeming

  (3) If the person who is named in the notice does not pay the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, within the prescribed time and in the prescribed manner and does not exercise the right referred to in subsection (2) within the prescribed time and in the prescribed manner, the person is deemed to have committed the violation identified in the notice.

Review by Tribunal

Marginal note:Review — violation

• 39.13 (1) After completing a review requested under subsection 39.12(2) with respect to the acts or omissions that constitute the alleged violation identified in the notice of violation, the Tribunal shall determine whether the person who is named in the notice committed the violation and, if the Tribunal determines that the person did so but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Tribunal shall correct that amount and cause the person to be provided with a notice of the Tribunal’s decision.

• Marginal note:Review — penalty

  (2) After completing a review requested under subsection 39.12(2) with respect to the amount of the penalty set out in the notice of violation, the Tribunal shall determine whether the amount of the penalty was established in accordance with the regulations and, if the Tribunal determines that it was not, the Tribunal shall correct that amount and cause the person to be provided with a notice of the Tribunal’s decision.

• Marginal note:Payment

  (3) The person who is provided with a notice of the Tribunal’s decision is liable to pay the amount of the penalty that is set out in it within the prescribed time and in the prescribed manner that are specified in the notice.

• Marginal note:Effect of payment

  (4) If the person pays the amount of the penalty that is set out in the notice of the Tribunal’s decision within the prescribed time and in the prescribed manner that are specified in the notice,

  • (a) the Tribunal shall accept the amount as complete satisfaction of the penalty; and

  • (b) the proceedings commenced in respect of the violation under section 39.11 are ended.

Marginal note:Right of appeal

• 39.131 (1) Within 30 days after a decision is made under subsection 39.13(1) or (2), the Minister or the person to whom it applies may appeal from the decision to the Tribunal.

• Marginal note:Loss of right of appeal

  (2) A party that does not appear at a review hearing is not entitled to appeal a decision, unless they establish that there was sufficient reason to justify their absence.

• Marginal note:Disposition of appeal

  (3) The appeal panel of the Tribunal assigned to hear an appeal may dispose of the appeal by dismissing it or by allowing it and, in allowing the appeal, the panel may substitute its own decision for the decision under appeal.

• Marginal note:Notice

  (4) If the appeal panel finds that a person has committed a violation, the panel must without delay inform the person and the Minister of its decision and of the amount determined by the panel to be payable to the Tribunal by or on behalf of the person in respect of the violation and the time within which it must be paid.

Recovery of Debts

Marginal note:Debts to Her Majesty

• 39.14 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

  • (a) the amount of a penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless a request is made to have the Tribunal review the acts or omissions that constitute the violation or the amount of the penalty, as the case may be;

  • (b) the amount of a penalty set out in the notice of the Tribunal’s decision made under subsection 39.13(1) or (2) or 39.131(4), beginning on the day specified in the decision; and

  • (c) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in paragraph (a) or (b).

• Marginal note:Limitation period or prescription

  (2) Proceedings to recover such a debt may be commenced no later than five years after the debt becomes payable.

• Marginal note:Debt final

  (3) The debt is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 39.12, 39.13 and 39.131.

Marginal note:Certificate of default

• 39.15 (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 39.14(1).

• Marginal note:Effect of registration

  (2) Registration of the certificate in the Federal Court has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

Rules of Law About Violations

Marginal note:Violations not offences

39.16 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

Marginal note:Due diligence defence

• 39.17 (1) A person shall not be found to be liable for a violation if they establish that they exercised due diligence to prevent the commission of the violation.

• Marginal note:Common law principles

  (2) Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Marginal note:Burden of proof

• 39.18 (1) The Minister has the burden of establishing that a person who is named in a notice of violation has committed the violation.

• Marginal note:Person not compelled to testify

  (2) A person who is named in a notice of violation is not required to give evidence in any proceedings before the Tribunal.