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Canada Water Act (R.S.C., 1985, c. C-11)

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Act current to 2020-07-28 and last amended on 2014-04-01. Previous Versions

PART IVGeneral (continued)

Inspectors and Analysts (continued)

Marginal note:Obstruction of inspector

  •  (1) No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act or the regulations.

  • Marginal note:False statements

    (2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector or other person engaged in carrying out his duties or functions under this Act or the regulations.

  • R.S., c. 5(1st Supp.), s. 25

Advisory Committees

Marginal note:Establishment and constitution of advisory committees

  •  (1) The Minister may establish and appoint the members of such advisory committees as the Minister considers desirable for the purpose of advising and assisting him in carrying out the purposes and provisions of this Act.

  • Marginal note:Expenses and allowances

    (2) Each member of an advisory committee is entitled to be paid reasonable travel and other expenses while absent from his ordinary place of residence in the course of his duties as a member and may, with the approval of the Minister, be paid such amount as is fixed by the Governor in Council for each day the member attends any meeting of the committee or for each day during which he performs, with the approval of the committee, any duties on behalf of the committee in addition to his ordinary duties.

  • R.S., c. 5(1st Supp.), s. 26

Public Information Program

Marginal note:Distribution of information

 The Minister may, either directly or in cooperation with any government, institution or person, publish or otherwise distribute or arrange for the publication or distribution of such information as the Minister deems necessary to inform the public respecting any aspect of the conservation, development or utilization of the water resources of Canada.

  • R.S., c. 5(1st Supp.), s. 27

Offences and Punishment

Marginal note:Punishment

  •  (1) Every person who contravenes section 9 is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars for each offence.

  • Marginal note:Continuing offences

    (2) Where an offence under subsection (1) is committed on, or continued for, more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

  • R.S., 1985, c. C-11, s. 30
  • R.S., 1985, c. 16 (4th Supp.), s. 143

Marginal note:Punishment

 Every person who contravenes section 27 or any regulation made under paragraph 18(1)(e), (f) or (g) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-11, s. 31
  • R.S., 1985, c. 16 (4th Supp.), s. 144

Marginal note:Order to refrain or to cease activity

 Where a person is convicted of an offence under this Act, the court may, in addition to any punishment it may impose, order that person to refrain from any further contravention of the provision of this Act or the regulations for the contravention of which that person has been convicted or to cease to carry on any activity specified in the order the carrying on of which, in the opinion of the court, will or is likely to result in any further contravention thereof.

  • R.S., c. 5(1st Supp.), s. 30

Marginal note:Offence of employee or agent

 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of, and that all due diligence to prevent its commission was exercised by, the accused.

  • R.S., c. 5(1st Supp.), s. 31

Marginal note:Limitation period

 Proceedings in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the time when the subject-matter of the proceedings arose.

  • R.S., c. 5(1st Supp.), s. 32

Marginal note:Venue

 Any complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

  • R.S., c. 5(1st Supp.), s. 33

Marginal note:Action to enjoin not prejudiced by prosecution

  •  (1) Notwithstanding that a prosecution has been instituted in respect of an offence under subsection 30(1), the Attorney General of Canada may commence and maintain proceedings to enjoin any contravention of section 9.

  • Marginal note:Civil remedy not affected

    (2) No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Act.

  • R.S., c. 5(1st Supp.), s. 34

Evidence

Marginal note:Certificate of analyst

  •  (1) Subject to subsections (2) and (3), a certificate purporting to be signed by an analyst and stating that the analyst has analyzed or examined a sample submitted to the analyst by an inspector and stating the result of the analysis or examination is admissible in evidence in any prosecution for a contravention of this Act and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Attendance of analyst

    (2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

  • Marginal note:Notice of intended production of certificate

    (3) No certificate shall be admitted in evidence pursuant to subsection (1) unless the party intending to produce it has given reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced.

  • R.S., c. 5(1st Supp.), s. 35

Report to Parliament

Marginal note:Annual report

 The Minister shall, as soon as possible after the end of each fiscal year, prepare a report on the operations under this Act for that year, and the Minister shall cause the report to be laid before Parliament forthwith on the completion thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

  • R.S., c. 5(1st Supp.), s. 36

Financial

Marginal note:Loans, grants and contributions

 The Minister may, with the approval of the Governor in Council,

  • (a) make loans or pay contributions to any agency in respect of the cost of incorporating the agency or in respect of its operating expenses or make loans to any agency in respect of capital costs incurred by it; and

  • (b) in accordance with an agreement entered into under section 5, make loans or pay grants to the government of any province to meet any part of such portion of the cost of programs undertaken pursuant to the agreement as is to be paid by the Minister.

  • R.S., c. 5(1st Supp.), s. 38
 
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