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

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.

Marginal note:Offences by corporate officers, etc.

39.19 If a person other than an individual commits a violation under this Act, any of the person’s officers, directors and agents or mandataries who directed, authorized, assented to or acquiesced or participated in the commission of the violation is a party to and liable for the violation, whether or not the person who actually committed it is proceeded against in accordance with this Act.

Marginal note:Vicarious liability — acts of employees, agents and mandataries

39.2 A person is liable for a violation that is committed by that person’s employee or agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against in accordance with this Act.

Marginal note:Continuing violation

39.21 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.

Other Provisions

Marginal note:Evidence

39.22 In any proceeding for a violation, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

Marginal note:Limitation period or prescription

39.23 Proceedings in respect of a violation may be commenced no later than two years after the day on which a designated person becomes aware of the acts or omissions that constitute the alleged violation.

Marginal note:Certification

39.24 A document appearing to have been issued by the Minister or a designated person and certifying the day on which the acts or omissions that constitute the alleged violation became known to a designated person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the designated person became aware of the acts or omissions on that day.

Marginal note:Information may be made public

39.25 The Minister may make public the name and business address of a person who is deemed to have committed a violation or who was determined to have committed a violation, the acts or omissions and provisions at issue, and the amount payable as a result, if any.

Marginal note:How act or omission may be proceeded with

39.26 If an act or omission may be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

Offences and Punishment

Marginal note:Offence

• 40 (1) Every person is guilty of an offence, if the person

  • (a) contravenes section 3, subsection 4(1) or (2), 5(1) or 7(12), section 8, subsection 10(1), 10.1(2), 10.2(1) or (2), 10.3(1) or 15(1), section 21, 22, 23 or 35 or subsection 37(1) or (2);

  • (b) contravenes an order given under paragraph 11(2)(a), (b) or (d), subsection 13(1) or (2), 15(3), 15.1(1) or 16(1) or paragraph 25.1(1)(a), (b), (d) or (e);

  • (c) does not take the measures required under subsection 10.3(2) or paragraph 15(2)(a) or (b);

  • (d) [Repealed, 2019, c. 28, s. 72]

  • (e) [Repealed, 2019, c. 28, s. 72]

  • (f) contravenes a regulation or order made under section 28; or

  • (g) contravenes an interim order made under section 32.

• Marginal note:Penalties

  (1.1) Every person who is guilty of an offence under subsection (1) is liable, on summary conviction,

  • (a) in the case of an individual,

    • (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 or to imprisonment for a term of not more than six months, or to both; and

  • (b) in the case of a corporation,

    • (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.

• 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.

• Marginal note:Officers, etc., of corporations

  (4) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to, and guilty of, the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

• Marginal note:Duty to ensure compliance

  (5) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act.

• Marginal note:Vicarious liability — acts of employees, agents and mandataries

  (6) A person is liable for an offence that is committed by that person’s employee or agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the offence is identified or proceeded against in accordance with this Act.

• Marginal note:Due diligence defence

  (7) A person is not to be found guilty of an offence under subsection (1), other than for a contravention of subsection 37(1) or (2), if they establish that they exercised due diligence to prevent the commission of the offence.

Marginal note:Limitation period or prescription

41 Proceedings in respect of an offence under this Act may be commenced no later than five years after the day on which a designated person becomes aware of the acts or omissions that constitute the alleged offence.

Marginal note:Certification

42 A document appearing to have been issued by the Minister or a designated person and certifying the day on which the acts or omissions that constitute the alleged offence became known to a designated person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the designated person became aware of the acts or omissions on that day.

Marginal note:Orders of court

43 If a person is convicted of an offence under this Act, in addition to any punishment imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order imposing any one or more of the following prohibitions, directions or requirements on the person:

• (a) a prohibition from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

• (b) a direction to publish, in any manner the court considers appropriate, the facts relating to the commission of the offence;

• (c) a direction to pay the Minister an amount of money as compensation, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the Minister as a result of the commission of the offence;

• (d) a direction to perform community service in accordance with any reasonable conditions that may be specified in the order;

• (e) a direction to post a bond or provide surety or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section;

• (f) a direction to submit to the Minister, on application by the Minister within three years after the date of the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances; and

• (g) a requirement to comply with any other conditions that the court considers appropriate for securing the person’s good conduct and for preventing the person from repeating the offence or committing other offences under this Act.

Marginal note:Forfeiture

• 44 (1) If a person is found guilty of an offence, the court may, in addition to any punishment imposed, order that any seized thing under this Act, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada.

• Marginal note:Return if forfeiture not ordered

  (2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition must be returned or paid to its owner.

Marginal note:Retention or disposition

45 If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid, or the thing may be disposed of and the proceeds applied, in whole or in part, in payment of the fine.

Marginal note:Reporting of alleged contraventions

• 46 (1) An individual who has reasonable grounds to believe that a person has contravened or intends to contravene a provision of this Act or the regulations may notify the Minister of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.

• Marginal note:Confidentiality

  (2) The identity of an individual to whom the Minister has provided an assurance of confidentiality may be disclosed by the Minister only in accordance with the Privacy Act.

Review

Marginal note:Review of Act

• 47 (1) A review of the provisions and the operation of this Act must be completed by the Minister before the end of the fifth year after the day on which this section comes into force.

• Marginal note:Tabling of report

  (2) The Minister must cause a report of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.