GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Saguenay-St. Lawrence Marine Park Act — S-1.3 9
Management plan 9 (1) The Minister shall, within one year after the coming into force of this Act, cause to be laid before each House of Parliament a management plan for the park that the Minister draws up jointly with the Quebec minister with respect to resource protection, zoning, visitor use and any other matters that the Minister considers appropriate. Review of plan (2) The Minister shall review the management plan with the Quebec minister at least once every seven years, and shall cause any amendments to the plan to be laid with the plan before each House of Parliament. Public participation (3) The Minister shall, in cooperation with the Quebec minister, provide opportunities for public participation in the development of the management plan and any other matters that the Minister considers relevant.
Saguenay-St. Lawrence Marine Park Act — S-1.3 10
Permits 10 (1) The Minister may issue, amend, suspend and cancel permits and other authorizing instruments for the control of any activity in the park. Delegation (2) The Minister may authorize any person, or any member of a class of persons, to exercise any power mentioned in subsection (1).
Saguenay-St. Lawrence Marine Park Act — S-1.3 11
Powers and duties of superintendent 11 The superintendent has and may exercise the powers and perform the duties of the Minister under this Act that the Minister delegates to the superintendent.
Saguenay-St. Lawrence Marine Park Act — S-1.3 12
Powers of park wardens 12 For the purposes of the preservation and maintenance of the public peace in the park, and the enforcement of this Act and any other federal Act that they may be authorized to enforce, both inside and outside the park, a park warden has the powers, duties and protection provided by law to peace officers.
Saguenay-St. Lawrence Marine Park Act — S-1.3 13
Designation of enforcement officers 13 The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or by an aboriginal government, whose duties include law enforcement, to be enforcement officers for the purpose of the enforcement of specified provisions of this Act or the regulations, and for that purpose enforcement officers have the powers and are entitled to the protection provided by law to peace officers within the meaning of the Criminal Code . 1997, c. 37, s. 13; 2009, c. 14, s. 109
Saguenay-St. Lawrence Marine Park Act — S-1.3 13.1
Contraventions Act 13.1 (1) The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or by an aboriginal government for the purpose of the enforcement of this Act or the regulations with respect to offences that have been designated as contraventions under the Contraventions Act . Limitations regarding designations (2) The Minister may specify that a designation is in respect of all or specified offences under this Act that have been designated as contraventions under the Contraventions Act . 2009, c. 14, s. 109
Saguenay-St. Lawrence Marine Park Act — S-1.3 13.2
Certificate of designation and oath 13.2 (1) Every park warden, enforcement officer and person designated under section 13.1 shall be provided with a certificate of designation in a form approved by the Minister and shall take and subscribe an oath prescribed by the Minister. Limitations must be specified (2) The certificate must specify the limitations, if any, to which the designation is subject. 2009, c. 14, s. 109
Saguenay-St. Lawrence Marine Park Act — S-1.3 14
Right of passage 14 In the discharge of their duties, park wardens and enforcement officers and any persons accompanying them may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property. 1997, c. 37, s. 14; 2009, c. 14, s. 109
Saguenay-St. Lawrence Marine Park Act — S-1.3 14.1
Immunity 14.1 Park wardens and enforcement officers are not personally liable for anything they do or omit to do in good faith under this Act. 2009, c. 14, s. 109
Saguenay-St. Lawrence Marine Park Act — S-1.3 15
Establishment of committee 15 (1) A harmonization committee, made up of representatives of the Minister and the Quebec minister, is hereby established for the purposes of ensuring harmonization and implementing the activities and programs of the Government of Canada and the Government of Quebec with respect to the park, in particular with respect to the protection of ecosystems, planning, management, issuance of permits and other authorizations, consultation, the programming of activities, communications and the ways in which infrastructures, installations and equipment are to be shared. Regulations (2) The harmonization committee also is to harmonize draft regulations to be made under this Act and draft regulations that are to be made under the law of the Province of Quebec that creates the Saguenay-St. Lawrence Marine Park. Representatives of the Minister (3) The Minister shall name his or her representative or representatives on the harmonization committee.
Saguenay-St. Lawrence Marine Park Act — S-1.3 16
Coordinating committee 16 (1) A coordinating committee is hereby established to make recommendations to the Minister and the Quebec minister on the measures to be taken in order to carry out the objectives of the management plan. Composition (2) The Minister, in cooperation with the Quebec minister, shall decide on the composition of the coordinating committee. Representatives of the Minister (3) The Minister shall name his or her representative or representatives on the coordinating committee.
Saguenay-St. Lawrence Marine Park Act — S-1.3 17
Regulations 17 The Governor in Council may make regulations (a) for the protection, control and management of the park; (b) for the protection of ecosystems, and any elements of ecosystems, in the park; (c) for the protection of the cultural resources submerged in the park; (d) for public protection, health and safety inside the park; (e) setting out the characteristics of each type of zone in the park; (f) setting out the terms and conditions under which each type of zone may be used, the boundaries of each type of zone and any time limits respecting zones; (g) determining the conditions under which various activities may be undertaken in each type of zone in the park; (h) determining the activities that are prohibited in the park; (i) for the closing of park zones or for prohibiting activities in those zones; (j) authorizing the superintendent to prohibit or restrict activities that may be undertaken in park zones under paragraph (g) or to close park zones or prohibit access to those zones, despite any regulation made under this section, in order to protect park ecosystems and elements of park ecosystems; (k) for the issuance, renewal, revocation and suspension of permits and other authorizing instruments required to carry on any activity under this Act or the regulations, and any conditions of those permits and instruments; (l) for the determination of charges for the permits or other authorizing instruments required to carry on any activity under this Act or the regulations; (m) for limiting the number of persons who may hold the permits and authorizations at any one time; (m.1) designating provisions of the regulations for the purpose of subsection 20(1); (n) prescribing offences in respect of which section 23 applies and the manner in which they may be described in tickets; (o) prescribing the amount of the fine for offences in respect of which section 23 applies, which amount shall not exceed $2,000; (p) determining the conditions under which aircraft may take off, fly over and land within park boundaries; and (q) in respect of any other matters that are necessary for carrying out the purposes of this Act. 1997, c. 37, s. 17; 2009, c. 14, s. 110; 2015, c. 3, s. 151(F)
Saguenay-St. Lawrence Marine Park Act — S-1.3 18
Arrest without warrant 18 A park warden or enforcement officer may, in accordance with the Criminal Code , arrest without warrant any person (a) whom the warden or officer finds committing an offence under this Act; or (b) who the warden or officer believes, on reasonable grounds, has committed or is about to commit an offence under this Act. 1997, c. 37, s. 18; 2009, c. 14, s. 111
Saguenay-St. Lawrence Marine Park Act — S-1.3 19
Search and seizure 19 (1) A park warden or enforcement officer may (a) enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and (b) seize anything that they believe on reasonable grounds is or has been possessed or used in connection with an offence under this Act. Authority to issue warrant (2) Where on ex parte application a justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in any place, including any building, boat or other conveyance, or in any package or receptacle, whether in or outside the park, (a) an animal, bird or fish, or any part or egg of an animal, bird or fish, or a firearm, trap or other device for destroying or capturing animals, birds or fish, in respect of which there are reasonable grounds to believe an offence under this Act has been committed, or (b) anything that there are reasonable grounds to believe will provide evidence with respect to an offence under this Act involving a thing referred to in paragraph (a), the justice of the peace may issue a warrant authorizing the park warden or enforcement officer named in the warrant to enter and search the place or to open and examine the package or receptacle, subject to any conditions specified in the warrant. When warrant not necessary (3) A park warden or enforcement officer may exercise any powers under subsection (1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain one. 1997, c. 37, s. 19; 2009, c. 14, s. 112
Saguenay-St. Lawrence Marine Park Act — S-1.3 19.1
Custody of things seized 19.1 (1) Subject to subsections (2) and (3) and sections 21.5 and 21.6, if a park warden or enforcement officer seizes a thing under this Act or under a warrant issued pursuant to the Criminal Code , (a) sections 489.1 and 490 of the Criminal Code apply; and (b) the warden or officer, or any person that the warden or officer may designate, shall retain custody of the thing, subject to any order made under section 490 of the Criminal Code . Forfeiture if ownership not ascertainable (2) If the ownership of or the lawful entitlement to a seized thing cannot be ascertained within 30 days after the day on which it was seized, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada if the thing was seized by a park warden or an enforcement officer employed in the federal public administration, or to Her Majesty in right of a province if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or by an aboriginal government. Perishable things (3) If a seized thing is perishable, the park warden or enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after the day on which it was seized, in which case the proceeds must be retained by the warden or officer pending the outcome of those proceedings. 2009, c. 14, s. 113
Saguenay-St. Lawrence Marine Park Act — S-1.3 19.2
Liability for costs 19.2 If a thing is seized under this Act, the person who owned the thing at the time it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any. 2009, c. 14, s. 113
Saguenay-St. Lawrence Marine Park Act — S-1.3 20.1
Continuing offences 20.1 If a contravention of a provision of this Act or of the regulations is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued. 2009, c. 14, s. 114
Saguenay-St. Lawrence Marine Park Act — S-1.3 20.2
Offences involving more than one animal, plant or object 20.2 If an offence under this Act involves more than one animal, plant or object, the fine to be imposed in respect of that offence may, despite section 20, be the total of the fines that would have been imposed if each of the animals, plants or objects had been the subject of a separate information. 2009, c. 14, s. 114
Saguenay-St. Lawrence Marine Park Act — S-1.3 20.3
Deeming — second and subsequent offence 20.3 (1) For the purposes of section 20, a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted — under any Act of Parliament, or any Act of the legislature of a province, that relates to environmental or wildlife protection or conservation, or the protection of cultural, historical or archaeological resources — of a substantially similar offence. Application (2) Subsection (1) applies only to previous convictions on indictment and to previous convictions on summary conviction, and to previous convictions under any similar procedure under any Act of the legislature of a province. 2009, c. 14, s. 114
Saguenay-St. Lawrence Marine Park Act — S-1.3 20.4
Determination of small revenue corporation status 20.4 For the purpose of section 20, 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 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000. 2009, c. 14, s. 114
Saguenay-St. Lawrence Marine Park Act — S-1.3 20.5
Relief from minimum fine 20.5 The court may impose a fine that is less than the minimum amount provided for in subsection 20(1) if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court shall provide reasons if it imposes a fine that is less than the minimum amount provided for in that subsection. 2009, c. 14, s. 114
Saguenay-St. Lawrence Marine Park Act — S-1.3 20.6
Additional fine 20.6 If a person is convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court shall order the person to pay an additional fine in an amount equal to the court’s estimation of the value of that property, benefit or advantage. The additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act. 2009, c. 14, s. 114
Saguenay-St. Lawrence Marine Park Act — S-1.3 20.7
Notice to shareholders 20.7 If a corporation that has shareholders has been convicted of an offence under this Act, the court shall make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed. 2009, c. 14, s. 114
Saguenay-St. Lawrence Marine Park Act — S-1.3 20.8
Liability of directors, officers, etc., of corporation 20.8 (1) If a corporation commits an offence under this Act, any director, officer, 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 is liable on conviction to the penalty provided for by this Act for an individual in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted or convicted. Duties of directors and officers (2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with (a) this Act and the regulations; (b) orders made by a court or the superintendent under this Act; and (c) directions of the superintendent, a park warden or an enforcement officer made under this Act. 2009, c. 14, s. 114
Saguenay-St. Lawrence Marine Park Act — S-1.3 21
Fundamental purpose of sentencing 21 The fundamental purpose of sentencing for offences under this Act is to contribute to respect for the law protecting the park through the imposition of just sanctions that have as their objectives (a) to deter the offender and any other person from committing offences under this Act; (b) to denounce unlawful conduct that damages or creates a risk of damage to the park; and (c) to restore park resources. 1997, c. 37, s. 21; 2009, c. 14, s. 114
Saguenay-St. Lawrence Marine Park Act — S-1.3 21.1
Sentencing principles 21.1 (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code , the court shall consider the following principles when sentencing a person who is convicted of an offence under this Act: (a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence. Aggravating factors (2) The aggravating factors are the following: (a) the offence caused damage or risk of damage to any park resources; (b) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable park resources; (c) the damage caused by the offence is extensive, persistent or irreparable; (d) the offender committed the offence intentionally or recklessly; (e) the offender failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so; (f) by committing the offence or failing to take action to prevent its commission, the offender increased revenue or decreased costs or intended to increase revenue or decrease costs; (g) the offender committed the offence despite having been warned by the superintendent, a park warden or an enforcement officer of the circumstances that subsequently became the subject of the offence; (h) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife protection or conservation or the protection of cultural, historical or archaeological resources; and (i) after the commission of the offence, the offender (i) attempted to conceal its commission, (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or (iii) failed to take prompt action to reduce the risk of committing similar offences in the future. Absence of aggravating factor (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor. Meaning of damage (4) For the purposes of paragraphs (2)(a) to (c), damage includes loss of use value and non-use value. Reasons (5) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, the court shall give reasons for that decision. 2009, c. 14, s. 114
Saguenay-St. Lawrence Marine Park Act — S-1.3 21.2
Application of fines 21.2 (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act , are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the park or for administering that Fund. Recommendations of court (2) The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or an organization specified by the court for a purpose referred to in subsection (1). 2009, c. 14, s. 114
Saguenay-St. Lawrence Marine Park Act — S-1.3 21.3
an educational institution including for scholarships for students enrolled in studies related to the environment; and (s) requiring the person to comply with any other conditions that the court considers appropriate. Suspended sentence (2) If a person is convicted of an offence under this Act 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 referred to in subsection (1). Imposition of sentence (3) If a person does not comply with an order made under subsection (2) or is convicted of another offence, the court may, within three years after the order was made, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended. Publication (4) If a person fails to comply with an order made under paragraph (1)(i), the Minister may, in the manner that the court directed the person to do so, publish the facts relating to the commission of the offence and the details of the punishment imposed and recover the costs of publication from the person. Debt due to Her Majesty (5) If the court makes an order under paragraph (1)(h) or (l) directing a person to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (4), the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Enforcement (6) If the court makes an order under paragraph (1)(l) directing a person to pay an amount to another person, other than to Her Majesty in right of Canada, and the amount is not paid without delay, that other person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the person who was directed to pay the amount in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. Cancellation or suspension of permit, etc. (7) If the court makes an order under paragraph (1)(o), any permit or other authorizing instrument to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate. Coming into force and duration of order (8) An order made under subsection (1) comes into force on the day on which it is made or on any other day that the court may determine and shall not continue in force for more than three years after that day unless the court provides otherwise in the order. 2009, c. 14, s. 114