GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Oceans Act — O-2.4 33
Cooperation and agreements 33 (1) In exercising the powers and performing the duties and functions assigned to the Minister by this Act, the Minister (a) shall cooperate with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements; (b) may enter into agreements with any person or body or with another minister, board or agency of the Government of Canada; (c) shall gather, compile, analyse, coordinate and disseminate information; (d) may make grants and contributions on terms and conditions approved by the Treasury Board; and (e) may make recoverable expenditures on behalf of and at the request of any other minister, board or agency of the Government of Canada or of a province or any person or body. Consultation (2) In exercising the powers and performing the duties and functions mentioned in this Part, the Minister may consult with other ministers, boards and agencies of the Government of Canada, with provincial and territorial governments and with affected aboriginal organizations, coastal communities and other persons and bodies, including those bodies established under land claims agreements.
Oceans Act — O-2.4 34
Logistics support, etc. 34 The Minister may coordinate logistics support and provide related assistance for the purposes of advancing scientific knowledge of estuarine, coastal and marine ecosystems.
Oceans Act — O-2.4 35
Marine protected areas 35 (1) A marine protected area is an area of the sea that forms part of the internal waters of Canada, the territorial sea of Canada or the exclusive economic zone of Canada and has been designated under this section or section 35.1 for special protection for one or more of the following reasons: (a) the conservation and protection of commercial and non-commercial fishery resources, including marine mammals, and their habitats; (b) the conservation and protection of endangered or threatened marine species, and their habitats; (c) the conservation and protection of unique habitats; (d) the conservation and protection of marine areas of high biodiversity or biological productivity; (e) the conservation and protection of any other marine resource or habitat as is necessary to fulfil the mandate of the Minister; and (f) the conservation and protection of marine areas for the purpose of maintaining ecological integrity. Definition of ecological integrity (1.1) For the purpose of paragraph (1)(f), ecological integrity means a condition in which (a) the structure, composition and function of ecosystems are undisturbed by any human activity; (b) natural ecological processes are intact and self-sustaining; (c) ecosystems evolve naturally; and (d) an ecosystem’s capacity for self-renewal and its biodiversity are maintained. Network of marine protected areas (2) For the purposes of integrated management plans referred to in sections 31 and 32, the Minister shall lead and coordinate the development and implementation of a national network of marine protected areas on behalf of the Government of Canada. Performance of duties and functions (2.1) In performing his or her duties and functions under subsection (2), the Minister shall ensure that: (a) clearly identified objectives are set with regard to each marine protected area; and (b) the network of marine protected areas covers diverse habitat types, biogeographic regions and environmental conditions. Regulations (3) The Governor in Council, on the recommendation of the Minister, may make regulations (a) designating marine protected areas; (b) delineating zones within marine protected areas; (c) prohibiting classes of activities within marine protected areas; and (d) respecting any other matter consistent with the purpose of the designation. 1996, ch. 31, art. 35 2019, c. 8, s. 4
Oceans Act — O-2.4
foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act . ( étranger )
Oceans Act — O-2.4
foreign ship means a ship that is a foreign vessel , as defined in section 2 of the Canada Shipping Act, 2001 . ( navire étranger )
Oceans Act — O-2.4 (a)
ongoing means, with respect to an activity in the area of the sea that is designated by an order made under subsection (2) as a marine protected area, that the activity (a) was lawfully carried out in the year immediately before the day on which the order comes into force and does not require an authorization, including a permit or licence, under any applicable federal laws or laws of a province; (b) was lawfully carried out in the year immediately before the day on which the order comes into force and was authorized, including by a permit or licence, under any applicable federal laws or laws of a province; or (c) was not carried out before the day on which the order comes into force, but was authorized and continues to be authorized, including by a permit or licence, under any applicable federal laws or laws of a province. ( en cours )
Oceans Act — O-2.4 35.2
Powers, duties and functions 35.2 The Governor in Council and the Minister shall not use lack of scientific certainty regarding the risks posed by any activity that may be carried out in certain areas of the sea as a reason to postpone or refrain from exercising their powers or performing their duties and functions under subsection 35(3) or 35.1(2). 2019, c. 8, s. 5
Oceans Act — O-2.4 35.3
Recommendation of Minister 35.3 (1) The Minister shall, not later than the fifth anniversary of the day on which an order under subsection 35.1(2) comes into force, (a) recommend to the Governor in Council that the Governor in Council make a regulation under subsection 35(3) to designate a marine protected area covering at least part of the area of the sea that is designated by the order made under subsection 35.1(2); or (b) repeal the order. Repeal of Minister’s order (2) The Governor in Council may repeal the order if the Governor in Council makes a regulation referred to in paragraph (1)(a). 2019, c. 8, s. 5
Oceans Act — O-2.4 36
Interim marine protected areas in emergency situations 36 (1) The Governor in Council, on the recommendation of the Minister, may make orders exercising any power under section 35 on an emergency basis, where the Minister is of the opinion that a marine resource or habitat is or is likely to be at risk to the extent that such orders are not inconsistent with a land claims agreement that has been given effect and has been ratified or approved by an Act of Parliament. Exemption from Statutory Instruments Act (2) An order made under this section is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act . Temporary effect (3) An order made under this section that is not repealed ceases to have effect 90 days after it is made. Inconsistency (4) In the event of any inconsistency between an order made under subsection (1) and an order made under subsection 35.1(2), the order made under subsection (1) prevails to the extent of the inconsistency. 1996, ch. 31, art. 36 2019, c. 8, s. 6
Oceans Act — O-2.4 39
Enforcement officers 39 (1) The Minister may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of this Act and the regulations. Designation of provincial government employees (2) The Minister may not designate any person or class of persons employed by the government of a province unless that government agrees. Certificate of designation (3) Every enforcement officer must be provided with a certificate of designation as an enforcement officer in a form approved by the Minister and, on entering any place under this Act, the officer shall, if so requested, show the certificate to the occupant or person in charge of the place. Powers of peace officers (4) For the purposes of this Act and the regulations, enforcement officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any person or class of persons. Exemptions for law enforcement activities (5) For the purpose of investigations and other law enforcement activities under this Act, the Minister may, on any terms and conditions the Minister considers necessary, exempt enforcement officers who are carrying out duties or functions under this Act, and persons acting under their direction and control, from the application of any provision of this Act or the regulations. Obstruction (6) When an enforcement officer is carrying out duties or functions under this Act or the regulations, no person shall (a) knowingly make any false or misleading statement either orally or in writing to the enforcement officer; or (b) otherwise wilfully obstruct the enforcement officer. 1996, c. 31, s. 39 2019, c. 8, s. 8
Oceans Act — O-2.4 39.1
tion (1) exist in relation to a dwelling-place, (b) entry to the dwelling-place is necessary in relation to the administration of this Act or the regulations, and (c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused, the justice may issue a warrant authorizing the enforcement officer to enter the dwelling-place subject to any conditions that may be specified in the warrant. 1996, c. 31, s. 39.1 2019, c. 8, s. 10
Oceans Act — O-2.4 39.2
Direction of ship to place 39.2 An enforcement officer may direct a ship to move to any place in Canadian waters or the exclusive economic zone of Canada if they have reasonable grounds to believe that the ship or a person on board the ship has committed, is committing or is about to commit an offence under this Act in Canadian waters or the exclusive economic zone of Canada and that the ship was, is being or is about to be used in connection with the commission of the offence. 1996, c. 31, s. 39.2 2019, c. 8, s. 11
Oceans Act — O-2.4 39.21
Detention order to ship 39.21 (1) An enforcement officer may make a detention order in relation to a ship if they have reasonable grounds to believe that the ship or a person on board the ship has committed an offence under this Act in Canadian waters or the exclusive economic zone of Canada and that the ship was used in connection with the commission of the offence. Order in writing (2) The detention order shall be in writing and addressed to all persons, at any port in Canada where the ship to which the order relates is or will be located, who are empowered to give a clearance in respect of the ship. Service of order (3) Notice of the detention order shall be served by delivering a copy of the notice personally to the master or another officer, the authorized representative, the owner or the operator of the ship, or if service cannot reasonably be effected personally, by posting a copy of the notice on any conspicuous part of the ship. Duty after service of order (4) Once notice of the detention order is served on any person referred to in subsection (3), the ship shall not move, other than in accordance with any conditions specified in the order, until the order has been rescinded. No clearance after receiving order (5) Subject to subsection (6), a person who has received the detention order shall not give clearance to the ship to which the order relates. When clearance may be given (6) A person who has received the detention order may give clearance to the ship to which the order relates if (a) neither the ship nor any person is charged with the offence that gave rise to the making of the order within 30 days after the day on which the order is made; (b) within 30 days after the day on which the order is made, the ship or a person is charged with the offence and every accused has appeared in Canada to answer to the charge; (c) Her Majesty in right of Canada is given security, in a form determined by the Minister, for payment of the maximum fine that may be imposed as a result of a conviction of every accused and costs that might be incurred in proceedings in connection with the charge or charges, or payment of any lesser amount that is approved by the Minister; (d) all proceedings in respect of the offence that gave rise to the making of the order are discontinued; or (e) the order is rescinded by an enforcement officer. 2019, c. 8, s. 11
Oceans Act — O-2.4 39.23
Order given orally 39.23 (1) In the case of exigent circumstances, a compliance order may be given orally on the condition that it is followed, within seven days after the day on which the oral order was issued, by a written order issued in accordance with section 39.22. Exigent circumstances (2) For the purposes of subsection (1), exigent circumstances include circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 39.22(5) would result in danger to human life or the marine environment. 2019, c. 8, s. 11
Oceans Act — O-2.4 39.24
Compliance with compliance order 39.24 (1) A person to whom a compliance order is issued shall, immediately on receipt of the order or a copy of it, or on being given an order orally under subsection 39.23(1), comply with the order. No bar to proceedings (2) The issuance of, or compliance with, a compliance order is not a bar to any proceedings against the person under this or any other Act in relation to the offence described in subsection 39.22(1). 2019, c. 8, s. 11
Oceans Act — O-2.4 39.25
Intervention by enforcement officer 39.25 (1) If a person to whom a compliance order is issued fails to take any measures specified in the order, an enforcement officer may take the measures or cause them to be taken. Access to property (2) An enforcement officer or other person authorized by an enforcement officer to take measures under subsection (1) may enter and have access to any place, other than a dwelling-place, and may do any reasonable thing that may be necessary in the circumstances. Personal liability (3) A person, other than a person described in subsection 39.22(3), who provides assistance or advice to the enforcement officer in taking the measures specified in an order or who takes any measures authorized or required by an enforcement officer under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith. 2019, c. 8, s. 11
Oceans Act — O-2.4 39.26
Recovery of reasonable costs and expenses by Her Majesty 39.26 (1) Her Majesty in right of Canada may recover the costs and expenses of, and any costs and expenses incidental to, any measures taken under subsection 39.25(1) from any person referred to in subsection 39.22(3). Costs reasonably incurred (2) The costs and expenses may be recovered only to the extent that they can be established to have been reasonably incurred in the circumstances. Liability (3) The persons referred to in subsection (1) are jointly and severally, or solidarily, liable for the costs and expenses referred to in that subsection. Procedure (4) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken in the name of Her Majesty in right of Canada in any court of competent jurisdiction. Recourse or indemnity (5) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person. Limitation and prescription (6) If events giving rise to a claim under this section occur, proceedings in respect of the claim may be commenced not later than five years after the day on which the events occur. 2019, c. 8, s. 11
Oceans Act — O-2.4 39.3
Custody of things seized 39.3 (1) Subject to subsections (2) to (3.1), if an enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code , (a) sections 489.1 and 490 of the Criminal Code apply; and (b) the enforcement officer, or any person that the officer may designate, shall retain custody of the thing, subject to any order made under section 490 of the Criminal Code . Forfeiture where ownership not ascertainable (2) Where the lawful ownership of or entitlement to the seized thing cannot be ascertained within thirty days after its seizure, the thing or any proceeds of its disposition are forfeited to (a) Her Majesty in right of Canada, if the thing was seized by an enforcement officer employed in the federal public administration; or (b) Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by the government of that province. Perishable things (3) Where the seized thing is perishable, the enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be (a) paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within ninety days after its seizure; or (b) retained by the enforcement officer pending the outcome of the proceedings. Release of seized fish (3.1) The enforcement officer who seizes any fish as defined in subsection 2(1) of the Fisheries Act may, at the time of the seizure, return to the water any fish that they believe to be alive. Abandonment (4) The owner of the seized thing may abandon it to Her Majesty in right of Canada or a province. 1996, c. 31, s. 39.3; 2003, c. 22, s. 224(E) 2019, c. 8, s. 12
Oceans Act — O-2.4 39.4
Disposition by Minister 39.4 Any thing that has been forfeited or abandoned under this Act must be dealt with and disposed of as the Minister may direct.
Oceans Act — O-2.4 39.5
Liability for costs 39.5 The lawful owner and any person lawfully entitled to possession of any thing seized, detained, abandoned or forfeited under this Act are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, detention, abandonment, forfeiture or disposition incurred by Her Majesty in right of Canada in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty under this Act. 1996, c. 31, s. 39.5 2019, c. 8, s. 13
Oceans Act — O-2.4 39.6
ion, (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. Offence and punishment — ship (4) Every ship that contravenes any regulation made under paragraph 52.1(b) or (c) is guilty of an offence and liable (a) on conviction on indictment, (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; or (b) on summary conviction, (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. Small revenue corporation status (5) For the purposes of subsection (1), 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 year immediately before the day on which the offence is committed — or, if the offence is committed on more than one day, for the year immediately before the first day on which the offence is committed — were not more than $5,000,000. Non-application (6) The minimum amounts of fines set out in this section do not apply to any proceeding brought in accordance with subsection 39.93(1) or under the Contraventions Act . 1996, c. 31, s. 39.6 2019, c. 8, s. 13
Oceans Act — O-2.4 39.61
Liability of directors, officers or agents or mandataries 39.61 If a corporation or a ship owned or operated by a corporation commits an offence under section 39.6, 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 that section for an individual in respect of the offence committed by the corporation or the ship, whether or not the corporation or the ship has been prosecuted or convicted. 2019, c. 8, s. 13
Oceans Act — O-2.4 39.62
Liability of owners, operators, masters and chief engineers of ships 39.62 If a ship commits an offence under section 39.6 and the owner, operator, master or chief engineer of the ship directed, authorized, assented to, acquiesced in or participated in the commission of the offence, the owner, operator, master or chief engineer, as the case may be, is a party to and guilty of the offence and is liable on conviction to the penalty provided for by that section for an individual who commits an offence under that section, whether or not the ship has been prosecuted or convicted. 2019, c. 8, s. 13
Oceans Act — O-2.4 39.63
Defence 39.63 (1) A person shall not be found guilty of an offence under section 39.6, other than an offence consisting of a contravention of subsection 39(6), if the person establishes that they exercised due diligence to prevent the commission of the offence. Defence — ship (2) If a ship is prosecuted for an offence, only the persons referred to in subsection 39.67(5) may establish, for the purposes of subsection (1), that they exercised due diligence to prevent the commission of the offence. Contravention of unpublished order (3) A person shall not be found guilty of an offence consisting of a contravention of an order made under subsection 36(1) that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that reasonable steps had been taken before that time to bring the purport of the order to the attention of those persons likely to be affected by it. 2019, c. 8, s. 13
Oceans Act — O-2.4 39.64
Continuing offence 39.64 (1) A person who commits or continues an offence on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued. Fines cumulative (2) If a person is convicted of an offence involving more than one animal, plant, other organism or object, the fine to be imposed in respect of that offence may be, despite section 39.6, the total of the fines that would have been imposed if each of the animals, plants, organisms or objects had been the subject of a separate information. Additional fine (3) If a person is convicted of an offence 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 them 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 section 39.6. Deeming — second and subsequent offence (4) A conviction for a particular offence under section 39.6 is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the person has been previously convicted — under any Act of Parliament or an Act of a provincial legislature that relates to environmental or wildlife protection or conservation — of a substantially similar offence. Application (5) Subsection (4) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under an Act of a provincial legislature. 2019, c. 8, s. 13
Oceans Act — O-2.4 39.65
Relief from minimum fine 39.65 The court may impose a fine that is less than the minimum amount provided for in section 39.6 if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship to the person who has been convicted of an offence. The court shall provide reasons if it imposes a fine that is less than the minimum amount. 2019, c. 8, s. 13