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Oceans Act

Version of section 39.6 from 2019-05-27 to 2024-03-06:


Marginal note:Offence and punishment — persons

  •  (1) Every individual or corporation that contravenes subsection 39.21(5) or 39.24(1), a regulation made under paragraph 35(3)(c) or (d) or 52.1(a), or an order made under subsection 35.1(2) or 36(1) is guilty of an offence and liable

    • (a) on conviction on indictment,

      • (i) in the case of an individual,

        • (A) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000,

      • (ii) in the case of a corporation, other than a corporation referred to in subparagraph (iii),

        • (A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and

      • (iii) in the case of a corporation that the court has determined to be a small revenue corporation,

        • (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

    • (b) on summary conviction,

      • (i) in the case of an individual,

        • (A) for a first offence, to a fine of not less than $5,000 and not more than $300,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000,

      • (ii) in the case of a corporation, other than a corporation referred to in subparagraph (iii),

        • (A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and

      • (iii) in the case of a corporation that the court has determined to be a small revenue corporation,

        • (A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

  • Marginal note:Offence and punishment — ship

    (2) Every ship that contravenes subsection 39.21(4) or 39.24(1), a regulation made under paragraph 35(3)(c) or (d) or 52.1(a), an order made under subsection 35.1(2) or 36(1) or a direction made under section 39.2 is guilty of an offence and liable

    • (a) on conviction on indictment,

      • (i) in the case of a ship of 7 500 tonnes deadweight or more,

        • (A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and

      • (ii) in the case of a ship of less than 7 500 tonnes deadweight,

        • (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

    • (b) on summary conviction,

      • (i) in the case of a ship of 7 500 tonnes deadweight or more,

        • (A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and

      • (ii) in the case of a ship of less than 7 500 tonnes deadweight,

        • (A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

  • Marginal note:Offence and punishment — persons

    (3) Every individual or corporation that contravenes subsection 39(6) or a regulation made under paragraph 52.1(b) or (c) is guilty of an offence and liable

    • (a) on conviction on indictment,

      • (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; or

    • (b) on summary conviction,

      • (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.

  • Marginal note:Offence and punishment — ship

    (4) Every ship that contravenes any regulation made under paragraph 52.1(b) or (c) is guilty of an offence and liable

    • (a) on conviction on indictment,

      • (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; or

    • (b) on summary conviction,

      • (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.

  • Marginal note:Small revenue corporation status

    (5) For the purposes of subsection (1), a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’s gross revenues for the year immediately before the day on which the offence is committed — or, if the offence is committed on more than one day, for the year immediately before the first day on which the offence is committed — were not more than $5,000,000.

  • Marginal note:Non-application

    (6) The minimum amounts of fines set out in this section do not apply to any proceeding brought in accordance with subsection 39.93(1) or under the Contraventions Act.

  • 1996, c. 31, s. 39.6
  • 2019, c. 8, s. 13

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