Marginal note:Suspended sentence

• 17. (1) If a person or vessel is convicted of an offence and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order under section 16.

• Marginal note:Imposition of sentence

  (2) If the person or vessel does not comply with the order or is convicted of another offence within three years after the order was made, the court may, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended.

Marginal note:Civil remedies not affected

• 17.1 (1) No civil remedy for any conduct is suspended or affected by reason only that the conduct is an offence under this Act.

• Marginal note:Remedies not repealed, etc.

  (2) Nothing in this Act repeals, removes or reduces any remedy available under a law in force in Canada.

• Marginal note:Damages caused by vessel

  (3) A court shall not order an offender to pay compensation to the Minister or a government under paragraph 16(1)(d) or to a person under subsection 16(2) in connection with damage caused by a vessel if the Minister, government or person may make a claim for compensation for the damage under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.

Marginal note:Documents, records and data

18.1 In a proceeding under this Act, a document, a record or data that is required to be kept under this Act or the Canada Shipping Act is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in it.

Marginal note:Analyst’s certificate

• 18.2 (1) In a proceeding under this Act, a certificate that appears to be signed by an analyst, that states that an article, sample or substance has been analysed or examined by the analyst and that contains the results of the analysis or examination, is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

• Marginal note:Requiring attendance of analyst

  (2) The party against whom a certificate is produced may, with leave of the court, require the analyst’s attendance for the purposes of cross-examination.

• Marginal note:Notice of intention to produce certificate

  (3) No certificate may be admitted in evidence unless, before the trial, the party that intends to produce it gives reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced.

• Marginal note:Proof of service

  (4) Service of a certificate may be proved by oral evidence given under oath by the person who claims to have served it, or by that person’s affidavit or solemn declaration.

• Marginal note:Attendance for examination

  (5) Despite subsection (4), the court may require the person who appears to have signed the affidavit or solemn declaration to appear before it for examination or cross-examination in respect of the issue of proof of service.

• Definition of “analyst”

  (6) For the purposes of this section, “analyst” means a person who is recognized by a laboratory or research centre as having the authority to perform the analysis or examination that is the subject of the certificate.

APPLICATION OF CRIMINAL LAW

Marginal note:Offences deemed committed in Canada

• 18.3 (1) An act or omission that is an offence under this Act — or that is committed by or against a person who is engaged in carrying out duties or functions, or exercising a power, under this Act or a person acting under their direction and control and that would be an offence under the Criminal Code if it were committed in Canada — is deemed to be committed in Canada if it is committed in the exclusive economic zone of Canada.

• Marginal note:Offences deemed committed in Canada

  (2) An act or omission that would be an offence under this Act if it were committed in Canada — or that is committed by or against a person who is engaged in carrying out duties or functions, or exercising a power, under this Act or a person acting under their direction and control and that would be an offence under the Criminal Code if it were committed in Canada — is deemed to be committed in Canada if it is committed at any place on the seas, other than a place that is in the territorial sea or internal waters of a state other than Canada, in the course of hot pursuit of a vessel that commenced while the vessel was in Canadian waters or in the exclusive economic zone of Canada.

• Marginal note:Exercising powers of arrest, entry, etc.

  (3) Every power — including arrest, entry, search and seizure — that may be exercised in Canada in respect of an offence under this Act or under the Criminal Code may, in respect of an offence referred to in subsection (1), be exercised in the exclusive economic zone of Canada and, in respect of an offence referred to in subsection (2), be exercised at any place on the seas other than a place that is in the territorial sea or internal waters of a state other than Canada.

• Marginal note:Consent of Attorney General of Canada

  (4) The powers referred to in subsection (3) may not be exercised in relation to a foreign vessel, or to a foreign national on board a foreign vessel, without the consent of the Attorney General of Canada.

• Marginal note:Jurisdiction of justice or judge

  (5) A justice, as defined in section 2 of the Criminal Code, or a judge in any territorial division in Canada has jurisdiction to authorize an arrest, entry, search or seizure in connection with an offence referred to in subsection (1) or (2) as if the offence had been committed in that territorial division.

• Marginal note:Consent of Attorney General of Canada

  (6) A proceeding that is commenced in respect of an offence referred to in subsection (1) or (2) shall not be continued if the accused is a foreign vessel, or if the accused is a foreign national and the offence was committed while the accused was on board a foreign vessel, unless the Attorney General of Canada consents to the continuation no later than eight days after the proceeding is commenced.

Marginal note:Jurisdiction of courts

18.4 A proceeding in respect of an offence referred to in subsection 18.3(1) or (2) may be commenced in any territorial division in Canada whether or not the accused is in Canada, and the accused may be tried and punished for that offence as if the offence had been committed in that territorial division.

Marginal note:Proceedings against vessels

• 18.5 (1) The provisions of this Act and the Criminal Code relating to indictable or summary conviction offences that apply to persons apply also to vessels, with any modifications that the circumstances require.

• Marginal note:Service on vessel

  (2) If a vessel is charged with an offence under this Act, the summons may be served on the vessel by leaving it with the master or any officer of the vessel or by posting it on a conspicuous part of the vessel.

• Marginal note:Appearance at trial

  (3) The vessel shall appear by counsel or a representative. If the vessel does not appear, a court may, on proof of service of the summons, proceed to hold the trial in the absence of the vessel.

• Marginal note:Proceedings on indictment

  (4) For greater certainty, subsection (3) applies to a trial on an indictment.

DISCLOSURE OF INFORMATION

Marginal note:Purposes for which information may be disclosed

• 19.1 (1) Subject to the Privacy Act, information obtained in the administration or enforcement of this Act may be disclosed

  • (a) as necessary for the purposes of the administration or enforcement of this Act;

  • (b) in order to notify another Party to the Convention of an environmental emergency that has been discovered or a potential environmental risk;

  • (c) in order to notify the public of an environmental emergency that has been discovered, or a potential environmental risk, that may affect public health or public safety; or

  • (d) under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or an international organization or any of their institutions, or between the Minister and any other federal minister, if the purpose of the agreement or arrangement is

    • (i) the administration or enforcement of a law,

    • (ii) the fulfilment of the obligations of a Party under the Convention, or

    • (iii) research or statistical analysis in relation to the protection and conservation of migratory birds.

• Marginal note:Protection from civil proceeding or prosecution

  (2) Despite any other Act of Parliament, no civil or criminal proceedings lie against a federal minister or any person who acts on behalf or under the direction of a federal minister, the Government of Canada or any of its institutions, and no proceedings lie against the Crown or any institution of the Government of Canada, for the disclosure in good faith of any information under this Act or for any consequences that flow from that disclosure.

Immersion en mer

“disposal”

« immersion »

“disposal” means

• (a) the disposal of a substance at sea from a ship, an aircraft, a platform or another structure,

• (b) the disposal of dredged material into the sea from any source not mentioned in paragraph (a),

• (c) the storage on the seabed, in the subsoil of the seabed or on the ice in any area of the sea of a substance that comes from a ship, an aircraft, a platform or another structure,

• (d) the deposit of a substance on the ice in an area of the sea,

• (e) the disposal at sea of a ship or aircraft,

• (f) the disposal or abandonment at sea of a platform or another structure, and

• (g) any other act or omission that constitutes a disposal under regulations made under paragraph 135(3)(c),

but does not include

• (h) a disposal of a substance that is incidental to or derived from the normal operations of a ship, an aircraft, a platform or another structure or of any equipment on a ship, an aircraft, a platform or another structure, other than the disposal of substances from a ship, an aircraft, a platform or another structure operated for the purpose of disposing of such substances at sea,

• (i) the placement of a substance for a purpose other than its mere disposal if the placement is not contrary to the purposes of this Division and the aims of the Convention or the Protocol,

• (j) the abandonment of any matter, such as a cable, pipeline or research device, placed on the seabed or in the subsoil of the seabed for a purpose other than its mere disposal, or

• (k) a discharge or storage directly arising from, or directly related to, the exploration for, exploitation of and associated off-shore processing of seabed mineral resources.

“incineration”

« incinération »

“incineration” means the combustion of a substance on board a ship, a platform or another structure at sea for the purpose of its thermal destruction.

“master”

« capitaine »

“master” means the person in command or charge of a ship, but does not include a licensed pilot, within the meaning of section 2 of the Pilotage Act.