Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)

Act current to 2020-07-28 and last amended on 2019-08-28. Previous Versions

PART 1Nunavut Waters (continued)

DIVISION 3General (continued)

Offences and Punishment (continued)

Marginal note:Offences — type A licences

  •  (1) Every type A licensee is guilty of an offence who

    • (a) contravenes any condition of the licence, if the contravention does not constitute an offence under section 91; or

    • (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 76(1).

  • Marginal note:Punishment

    (2) Every licensee who commits an offence under subsection (1) is liable on summary conviction,

    • (a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and

    • (b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both.

  • 2015, c. 19, s. 49

Marginal note:Offences — type B licences

  •  (1) Every type B licensee is guilty of an offence who

    • (a) contravenes any condition of the licence, if the contravention does not constitute an offence under section 91; or

    • (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 76(1).

  • Marginal note:Punishment

    (2) Every licensee who commits an offence under subsection (1) is liable on summary conviction

    • (a) for a first offence, to a fine not exceeding $37,500 or to imprisonment for a term not exceeding six months, or to both; and

    • (b) for a second or subsequent offence, to a fine not exceeding $75,000 or to imprisonment for a term not exceeding six months, or to both.

  • 2015, c. 19, s. 49

Marginal note:Continuing offences

 An offence under subsection 90(1), 90.1(1) or 90.2(1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.

  • 2015, c. 19, s. 49

Marginal note:Deeming — second or subsequent offence

  •  (1) For the purposes of paragraphs 90(2)(b), 90.1(2)(b) and 90.2(2)(b), a conviction for a particular offence under this Part is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under an Act of Parliament — or an Act of the legislature of a province — that relates to environmental or wildlife conservation or protection.

  • Marginal note:Application

    (2) Subsection (1) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under any Act of the legislature of a province.

  • 2015, c. 19, s. 49

Marginal note:Other offences

 Any person is guilty of an offence punishable on summary conviction who

  • (a) contravenes subsection 86(4) or any regulations made under paragraph 82(1)(o), (p) or (q); or

  • (b) wilfully obstructs or otherwise interferes with a licensee or any person acting on behalf of a licensee in the exercise of the licensee’s rights under this Part, except as authorized under this or any other Act of Parliament.

  • 2002, c. 10, s. 91
  • 2015, c. 19, s. 50

Marginal note:Limitation period or prescription

 No proceedings in respect of an offence under this Part are to be instituted more than five years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged offence.

  • 2002, c. 10, s. 92
  • 2015, c. 19, s. 51

Marginal note:Action to enjoin not prejudiced by prosecution

  •  (1) Despite the fact that a prosecution has been instituted in respect of an offence under subsection 90(1), 90.1(1) or 90.2(1), the Attorney General of Canada may commence and maintain proceedings to enjoin conduct that constitutes an offence under any of those subsections.

  • Marginal note:Civil remedy not affected

    (2) No civil remedy for any act or omission is affected because the act or omission is an offence under this Part.

  • 2002, c. 10, s. 93
  • 2015, c. 19, s. 52

Marginal note:Certificate of analyst

  •  (1) Subject to this section, a certificate purporting to be signed by an analyst, stating that the analyst has analysed or examined a sample submitted by an inspector and giving the results of the analysis or examination,

    • (a) is admissible in evidence in any prosecution under this Part; and

    • (b) in the absence of evidence to the contrary, is proof of its contents without proof of the signature or the official character of the signatory.

  • Marginal note:Attendance of analyst

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

  • Marginal note:Notice

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

Administrative Monetary Penalties

Regulations

Marginal note:Ministerial regulations

  •  (1) The Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 94.02 to 94.3, including regulations

    • (a) designating as a violation that may be proceeded with in accordance with this Part

      • (i) the contravention of any specified provision of this Part or of the regulations,

      • (ii) the contravention of any order, direction or decision — or of any order, direction or decision of a specified class — made or given under this Part, or

      • (iii) the failure to comply with a term or condition of any licence or a term or condition of a specified class of licences;

    • (b) providing for the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation;

    • (c) establishing the form and content of notices of violations;

    • (d) respecting the service of documents required or authorized under this Part, including the manner and proof of service and the circumstances under which documents are considered to be served; and

    • (e) respecting reviews by the Minister in respect of a notice of violation.

  • Marginal note:Maximum amount of penalty

    (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation must not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person.

  • 2015, c. 19, s. 53
Violations

Marginal note:Function of inspectors

 Persons who are designated as inspectors under subsection 85(1) are authorized to issue notices of violation.

  • 2015, c. 19, s. 53

Marginal note:Commission of violation

  •  (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 94.01(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations.

  • Marginal note:Purpose of penalty

    (2) The purpose of the penalty is to promote compliance with this Part and not to punish.

  • 2015, c. 19, s. 53

Marginal note:Liability of directors, officers, etc.

 If a corporation commits a violation, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty in the amount that is determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Part.

  • 2015, c. 19, s. 53
 
Date modified: