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Canadian Navigable Waters Act

Version of section 40 from 2009-03-12 to 2014-03-31:


Marginal note:Offence

  •  (1) Every person is guilty of an offence and is liable on summary conviction to imprisonment for a term of not more than six months or to a fine of not more than $50,000, or to both, if the person contravenes

    • (a) an order given under subsection 4(3), paragraph 6(1)(a) or (c) or subsection 19(1);

    • (b) an interim order made under section 13.1 or 32;

    • (c) an order or regulation made under section 12 or 30; or

    • (d) subsection 15(1) or section 21, 22, 35 or subsection 37(1) or (2).

  • 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.

  • 2009, c. 2, s. 340

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