GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Antarctic Environmental Protection Act — A-11.44 48
Obstruction 48 No person in Canada, and no Canadian or permit holder in the Antarctic, shall obstruct an enforcement officer, inspector or analyst or hinder any of them in carrying out their functions under this Act.
Antarctic Environmental Protection Act — A-11.44 49
Knowingly providing false or misleading information, etc. 49 (1) No person in Canada, and no Canadian or permit holder in the Antarctic, shall, with respect to any matter related to this Act, knowingly (a) provide any person with false or misleading information, results or samples; or (b) file a document that contains false or misleading information. Negligently providing false or misleading information, etc. (2) No person in Canada, and no Canadian or permit holder in the Antarctic, shall, with respect to any matter related to this Act, negligently (a) provide any person with false or misleading information, results or samples; or (b) file a document that contains false or misleading information. 2003, c. 20, s. 49; 2009, c. 14, s. 12
Antarctic Environmental Protection Act — A-11.44 50
Offence — persons 50 (1) Every person commits an offence who contravenes (a) section 11, subsection 12(1) or 13(1), section 14, 16, 17 or 20, subsection 37(4) or 37.06(1), section 48 or subsection 49(1); (b) any provision of the regulations designated by regulations made under paragraph 26(1)(j.1); or (c) any order or direction made under this Act, including one made by a court. Penalty — individuals (2) Every individual who commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both, and (ii) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction, (i) for a first offence, to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both, and (ii) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000 or to imprisonment for a term of not more than one year, or to both. Penalty — other persons (3) Every person, other than an individual or a corporation referred to in subsection (4), that commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or (b) on summary conviction, (i) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000. Penalty — small revenue corporations (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 50.2 to be a small revenue corporation is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or (b) on summary conviction, (i) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000. 2003, c. 20, s. 50; 2009, c. 14, s. 12
Antarctic Environmental Protection Act — A-11.44 50.1
Offence — persons 50.1 (1) Every person commits an offence who contravenes (a) any provision of this Act or the regulations, other than a provision whose contravention is an offence under subsection 50(1); or (b) any obligation arising from this Act, whose contravention is not an offence under subsection 50(1). Penalty — individuals (2) Every individual who commits an offence under subsection (1) is liable, (a) on conviction on indictment, (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 (b) on summary conviction, (i) for a first offence, to a fine of not more than $25,000, and (ii) for a second or subsequent offence, to a fine of not more than $50,000. Penalty — other persons (3) Every person, other than an individual or a corporation referred to in subsection (4), that commits an offence under subsection (1) is 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 $250,000, and (ii) for a second or subsequent offence, to a fine of not more than $500,000. Penalty — small revenue corporations (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 50.2 to be a small revenue corporation is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not more than $250,000, and (ii) for a second or subsequent offence, to a fine of not more than $500,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more than $50,000, and (ii) for a second or subsequent offence, to a fine of not more than $100,000. 2009, c. 14, s. 12
Antarctic Environmental Protection Act — A-11.44 50.2
Determination of small revenue corporation status 50.2 For the purpose of sections 50 and 50.1, 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 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. 12
Antarctic Environmental Protection Act — A-11.44 50.3
Offence — vessels 50.3 (1) Every Canadian vessel or other vessel commits an offence that contravenes (a) subsection 9(1), section 11, subsection 13(1), any of sections 14 to 16, any of subsections 18(1) to (3) or section 20; (b) any provision of the regulations designated by regulations made under paragraph 26(1)(j.1); or (c) any order or direction made under this Act, including one made by a court. Penalty — vessels of 7 500 tonnes deadweight or over (2) Every Canadian vessel or other vessel of 7 500 tonnes deadweight or over that commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or (b) on summary conviction, (i) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000. Penalty — other vessels (3) Every Canadian vessel or other vessel of less than 7 500 tonnes deadweight that commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or (b) on summary conviction, (i) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000. 2009, c. 14, s. 12
Antarctic Environmental Protection Act — A-11.44 50.4
Offences — vessels 50.4 (1) Every Canadian vessel or other vessel commits an offence that contravenes any provision of this Act or the regulations, other than a provision whose contravention is an offence under subsection 50.3(1). Penalty — vessels of 7 500 tonnes deadweight or over (2) Every Canadian vessel or other vessel of 7 500 tonnes deadweight or over that commits an offence under subsection (1) is 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 $250,000, and (ii) for a second or subsequent offence, to a fine of not more than $500,000. Penalty — other vessels (3) Every Canadian vessel or other vessel of less than 7 500 tonnes deadweight that commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not more than $250,000, and (ii) for a second or subsequent offence, to a fine of not more than $500,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more than $50,000, and (ii) for a second or subsequent offence, to a fine of not more than $100,000. 2009, c. 14, s. 12
Antarctic Environmental Protection Act — A-11.44 50.5
Deeming — second and subsequent offence 50.5 (1) For the purposes of subsections 50(2) to (4), 50.1(2) to (4), 50.3(2) and (3) and 50.4(2) and (3), 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 conservation or protection — 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. 12
Antarctic Environmental Protection Act — A-11.44 50.6
Relief from minimum fine 50.6 The court may impose a fine that is less than the minimum amount provided for in section 50 or 50.3, as the case may be, 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 any of those sections. 2009, c. 14, s. 12
Antarctic Environmental Protection Act — A-11.44 50.7
Additional fine 50.7 If a person or a Canadian vessel or other vessel 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 — or, if the offender is a Canadian vessel or other vessel, the owner or operator of the vessel — acquired any property, benefit or advantage, the court shall order the offender 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. 12
Antarctic Environmental Protection Act — A-11.44 50.8
Notice to shareholders 50.8 If a corporation that has shareholders is 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. 12
Antarctic Environmental Protection Act — A-11.44 50.9
Fundamental purpose of sentencing 50.9 The fundamental purpose of sentencing for offences under this Act is to contribute to respect for the law protecting the Antarctic environment and dependent and associated ecosystems in light of the global significance of the Antarctic and the Treaty 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 environment; and (c) to reinforce the “polluter pays” principle by ensuring that offenders are held responsible for effective clean-up and environmental restoration. 2009, c. 14, s. 12
Antarctic Environmental Protection Act — A-11.44 50.91
Sentencing principles 50.91 (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 the Antarctic environment or any dependent and associated ecosystem; (b) the damage caused by the offence is extensive, persistent or irreparable; (c) the offender committed the offence intentionally or recklessly; (d) the offender failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so; (e) 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; (f) the offender committed the offence despite having been warned by an enforcement officer or an inspector of the circumstances that subsequently became the subject of the offence; (g) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife conservation or protection; and (h) 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) and (b), 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. 12
Antarctic Environmental Protection Act — A-11.44 50.92
Proceedings against vessels 50.92 (1) The provisions of this Act and the Criminal Code relating to indictable or summary conviction offences that apply to persons apply also to Canadian vessels and other vessels, with any modifications that the circumstances require. Direction binds vessel (2) For the purpose of prosecuting a Canadian vessel or any other vessel for contravening a direction made under subsection 30(8), section 37.01 or subsection 46(3), any direction made under any of those provisions that is given to the master or a crew member of the vessel binds the vessel as though it had been given to the vessel. Service (3) If a Canadian vessel or other vessel is charged with having committed an offence under this Act, the summons may be served by leaving it with the authorized representative, master or any officer of the vessel or by posting the summons on some conspicuous part of the vessel. Appearance at trial (4) If a Canadian vessel or other vessel is charged with having committed an offence under this Act, the vessel may appear by counsel or representative. Despite the Criminal Code , if the vessel does not so appear, a court may, on proof of service of the summons, proceed to hold the trial. 2009, c. 14, s. 12
Antarctic Environmental Protection Act — A-11.44 51
Liability of directors, officers, etc., of corporations 51 (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. Liability of directors and officers of corporate owners of vessels (2) If a Canadian vessel or other vessel commits an offence under this Act, every director or officer of a corporation that is an owner or an operator of the vessel who directed or influenced the corporation’s policies or activities in respect of conduct that is the subject matter 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 who commits an offence under subsection 50(1), whether or not the vessel has been prosecuted or convicted. Duties of directors and officers of corporations (3) Every director and officer of a corporation, including every director and officer of a corporation that is the owner or operator of a Canadian vessel or other vessel who is in a position to direct or influence the corporation’s policies or activities relating to conduct prohibited by this Act, shall take all reasonable care to ensure that the corporation or the vessel, as the case may be, complies with (a) this Act and the regulations; and (b) any orders and directions of, and prohibitions and requirements imposed by, any court, the Minister, enforcement officers, inspectors and analysts. 2003, c. 20, s. 51; 2009, c. 14, s. 12
Antarctic Environmental Protection Act — A-11.44 52
Liability of owners, operators, masters and chief engineers of vessels 52 (1) If a Canadian vessel or other vessel commits an offence under this Act and the owner, operator, master or chief engineer of the vessel 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 this Act for an individual who commits an offence under subsection 50(1), whether or not the vessel has been prosecuted or convicted. Duties of owners, operators, masters and chief engineers of vessels (2) The owner, operator, master and the chief engineer of a Canadian vessel or other vessel shall take all reasonable care to ensure that the vessel complies with (a) this Act and the regulations; and (b) any orders and directions of, and prohibitions and requirements imposed by, any court, the Minister, enforcement officers, inspectors and analysts. 2003, c. 20, s. 52; 2009, c. 14, s. 12
Antarctic Environmental Protection Act — A-11.44 53
Continuing offence 53 If an offence under this Act is committed or continued on more than one day, the person or Canadian vessel that committed the offence is liable to be convicted for a separate offence for each day on which it is committed or continued.
Antarctic Environmental Protection Act — A-11.44 53.1
Offences involving more than one animal, plant, etc. 53.1 If an offence involves more than one animal or plant, or more than one native bird or native plant as defined in subsection 12(2), the fine to be imposed in respect of that offence may, despite sections 50, 50.1, 50.3 and 50.4, be the total of the fines that would have been imposed if each of the animals, plants, native birds or native plants had been the subject of a separate information. 2009, c. 14, s. 13
Antarctic Environmental Protection Act — A-11.44 54
Identifying authorized representative, master, etc. 54 The authorized representative or master of a Canadian vessel or the registered owner or pilot in command of a Canadian aircraft may be charged with an offence under this Act as authorized representative, master, registered owner or pilot in command of the vessel or aircraft if it is adequately identified, and no such charge is invalid by reason only that it does not name the authorized representative, master, registered owner or pilot in command.
Antarctic Environmental Protection Act — A-11.44 55
Due diligence 55 (1) No person may be found guilty of an offence under this Act if it is established that the person exercised all due diligence to comply with this Act or to prevent the commission of the offence. Exception (2) Subsection (1) does not apply to an offence relating to (a) a contravention of paragraph 12(1)(f) or (g); (b) a contravention of section 48; or (c) a contravention of section 49 committed knowingly.
Antarctic Environmental Protection Act — A-11.44 56
No proceedings without consent 56 No proceedings in respect of an offence under this Act may be instituted except by or with the consent of the Attorney General of Canada.
Antarctic Environmental Protection Act — A-11.44 57
Limitation period 57 No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years. 2003, c. 20, s. 57; 2009, c. 14, s. 14
Antarctic Environmental Protection Act — A-11.44 58
Documents admissible in evidence 58 (1) A document made, given or issued under this Act and appearing to be signed by an analyst is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document. Attendance of analyst (2) The party against whom the document is produced may, with leave of the court, require the attendance of the analyst who signed it. Notice (3) No document referred to in subsection (1) may be received in evidence 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 document.
Antarctic Environmental Protection Act — A-11.44 59
Injunction 59 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person or Canadian vessel in Canada, or a Canadian, Canadian vessel or permit holder in the Antarctic, has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering any person or vessel named in the application (a) to refrain from doing any act or thing that, in the opinion of the court, may constitute or be directed toward the commission of an offence under this Act; or (b) to do any act or thing that, in the opinion of the court, may prevent the commission of an offence under this Act. Notice (2) No injunction may be issued under subsection (1) unless 48 hours notice is given to the party or parties named in the application or the urgency of the situation is such that service of notice would not be in the public interest.
Antarctic Environmental Protection Act — A-11.44 60
Proof of offence 60 (1) In any prosecution of an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or prosecuted for the offence. Proof of offence (2) In any prosecution of the master of a Canadian vessel or any other vessel or the pilot in command of a Canadian aircraft for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by a crew member or other person on board the vessel or aircraft, whether or not the crew member or other person is identified or prosecuted for the offence. 2003, c. 20, s. 60; 2009, c. 14, s. 15