GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Navigable Waters Act — N-22 39.2
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. 2012, c. 31, s. 328
Canadian Navigable Waters Act — N-22 39.21
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. 2012, c. 31, s. 328
Canadian Navigable Waters Act — N-22 39.22
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. 2012, c. 31, s. 328
Canadian Navigable Waters Act — N-22 39.23
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. 2012, c. 31, s. 328 2019, c. 28, s. 71
Canadian Navigable Waters Act — N-22 39.24
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. 2012, c. 31, s. 328 2019, c. 28, s. 71
Canadian Navigable Waters Act — N-22 39.25
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. 2012, c. 31, s. 328
Canadian Navigable Waters Act — N-22 39.26
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. 2012, c. 31, s. 328
Canadian Navigable Waters Act — N-22 40
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. 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. 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. 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. 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. 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. 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. 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. 2009, c. 2, s. 340; 2012, c. 31, s. 329 2019, c. 28, s. 72
Canadian Navigable Waters Act — N-22 41
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. 2009, c. 2, s. 340 2019, c. 28, s. 73
Canadian Navigable Waters Act — N-22 42
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. 2019, c. 28, s. 73
Canadian Navigable Waters Act — N-22 43
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. 2019, c. 28, s. 73
Canadian Navigable Waters Act — N-22 44
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. 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. 2019, c. 28, s. 73
Canadian Navigable Waters Act — N-22 45
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. 2019, c. 28, s. 73
Canadian Navigable Waters Act — N-22 46
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. 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 . 2019, c. 28, s. 73
Canadian Navigable Waters Act — N-22 47
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. 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. 2019, c. 28, s. 73
Canadian Navigable Waters Act — N-22 332
Approvals 332 (1) Every work in respect of which an approval was granted under the Navigable Waters Protection Act as it read immediately before the coming into force of this Division is deemed to be approved under section 6 of the Navigation Protection Act , except if it is stated in the approval that the work interferes, other than substantially, with navigation, in which case the work is deemed to be validly constructed or placed in accordance with section 9 of the Navigation Protection Act . Terms and conditions (2) Any term or condition imposed on an approval granted under the Navigable Waters Protection Act as it read immediately before the coming into force of this Division remains in effect. Designated works (3) Every work, the construction or placement of which was permitted under section 5.1 of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division, is deemed to be validly constructed or placed in accordance with section 10 of the Navigation Protection Act . Lawful works (4) A work referred to in subsection 4(1) or (2) or section 8 of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division remains validly constructed or placed under the Navigation Protection Act . Works — navigable waters (5) Every work referred to in subsection (1), (3) or (4) that is constructed or placed in, on, over, under, through or across any navigable water other than any navigable water listed in the schedule to the Navigation Protection Act is deemed to be constructed or placed in, on, over, under, through or across a navigable water listed in the schedule. Opt out (6) Subsection (5) does not apply to a work on receipt by the Minister of Transport of a notice to that effect. The notice shall be given by the owner, as defined in section 2 of the Navigation Protection Act , no later than five years after the coming into force of this Division.
Canadian Navigable Waters Act — N-22 333
Request for approval not decided 333 Every request for approval of a work submitted under the Navigable Waters Protection Act as it read immediately before the coming into force of this Division that has not been decided before that coming into force is deemed to be a notice referred to in subsection 5(1) of the Navigation Protection Act .
Canadian Navigable Waters Act — N-22 334
Minor Works and Waters (Navigable Waters Protection Act) Order 334 (1) The works established as classes of works in the Minor Works and Waters (Navigable Waters Protection Act) Order are deemed to be minor works designated under paragraph 28(2)(a) of the Navigation Protection Act until an order is made under that paragraph. Terms and conditions (2) Every term and condition imposed under paragraph 13(1)(b) of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division with respect to the minor works referred to in subsection (1) is deemed to be made under paragraph 28(2)(c) of the Navigation Protection Act until an order is made under that paragraph. Minor Works and Waters (Navigable Waters Protection Act) Order (3) The navigable waters established as classes of navigable waters in the Minor Works and Waters (Navigable Waters Protection Act) Order are deemed to be minor waters designated under paragraph 28(2)(b) of the Navigation Protection Act until an order is made under that paragraph. Terms and conditions (4) Every term and condition imposed under paragraph 13(1)(b) of the Navigable Waters Protection Act as it read immediately before the coming into force of this Division with respect to the minor waters referred to in subsection (3) is deemed to be made under paragraph 28(2)(d) of the Navigation Protection Act until an order is made under that paragraph.
Canadian Navigable Waters Act — N-22 132
Section 20 of Navigation Protection Act 132 A notice given under section 20 of the Navigation Protection Act before the day on which section 138 comes into force is deemed to have been given under subsection 38 (2).
Canadian Navigable Waters Act — N-22 76
Deemed approval 76 (1) A work is deemed to have been approved under section 7 of the Canadian Navigable Waters Act , as enacted by section 49 of this Act, if it was or was deemed to be (a) approved under section 6 of the Navigation Protection Act , as it read immediately before the coming into force of section 46 of this Act; or (b) permitted under section 9 of the Navigation Protection Act , as it read immediately before the coming into force of section 46 of this Act. Terms and conditions (2) Any term or condition attached to an approval under section 6 of the Navigation Protection Act as it read immediately before the coming into force of section 46 of this Act — or imposed under section 9 of that Act as it read at that time — remains in effect. Validity period of approval (3) Despite subsection 332(2) of the Jobs and Growth Act, 2012 , a term or condition relating to a validity period that was imposed on an approval granted under the Navigable Waters Protection Act before April 1, 2014 is of no force or effect if the validity period in question had not expired before that date.
Canadian Navigable Waters Act — N-22 77
Minor works 77 (1) A work is deemed to be validly constructed or placed in accordance with section 4 of the Canadian Navigable Waters Act , as enacted by section 49 of this Act, if it was, or was deemed to be, validly constructed or placed in accordance with section 10 of the Navigation Protection Act , as it read immediately before the coming into force of section 46 of this Act. Deemed designation (2) Any work designated or deemed to have been designated as a minor work under paragraph 28(2)(a) of the Navigation Protection Act , as it read immediately before the coming into force of section 46 of this Act, is deemed to be designated as a minor work under paragraph 28(2)(a) of the Canadian Navigable Waters Act until an order is made under that paragraph. Terms and conditions (3) Every term and condition imposed, or deemed to have been imposed, under paragraph 28(2)(c) of the Navigation Protection Act , as it read immediately before the coming into force of section 46 of this Act, with respect to the minor works referred to in subsection (1), is deemed to be imposed under paragraph 28(2)(c) of the Canadian Navigable Waters Act until an order is made under that paragraph.
Canadian Navigable Waters Act — N-22 78
Navigable waters not listed in the schedule 78 For the purposes of the Canadian Navigable Waters Act , any work that is referred to in subsection 332(3) or (4) of the Jobs and Growth Act, 2012 and that was deemed to be constructed or placed in, on, over, under, through or across a navigable water listed in the schedule to the Navigation Protection Act in accordance with subsection 332(5) of the Jobs and Growth Act, 2012 is not constructed or placed in, on, over, under, through or across a navigable water listed in the schedule to the Canadian Navigable Waters Act .
Canadian Navigable Waters Act — N-22 79
Validly constructed or placed 79 A work that was or was deemed to be validly constructed or placed under the Navigation Protection Act , as it read immediately before the coming into force of section 46 of this Act, remains validly constructed or placed under the Canadian Navigable Waters Act .
Canadian Navigable Waters Act — N-22 80
Notice or application not decided 80 (1) Every notice of a proposed work given under subsection 5(1) of the Navigation Protection Act , as it read immediately before the coming into force of section 46 of this Act, and every application for an approval of a work submitted under subsection 6(1) of that Act, as it read immediately before that coming into force, that has not been decided before that coming into force is deemed to be an application for an approval made under subsection 5(1) of the Canadian Navigable Waters Act . Request not granted (2) Every request made under subsection 4(1) of the Navigation Protection Act , as it read immediately before the coming into force of section 46 of this Act, that has not been accepted before that coming into force is deemed to be an application for an approval made under paragraph 10(1)(a) of the Canadian Navigable Waters Act .
Nisga’a Final Agreement Act — N-23.3 Preamble
Preamble Whereas the reconciliation between the prior presence of aboriginal peoples and the assertion of sovereignty by the Crown is of significant social and economic importance to Canadians;
Nisga’a Final Agreement Act — N-23.3
Whereas Canadian courts have stated that this reconciliation is best achieved through negotiation and agreement, rather than through litigation or conflict;
Nisga’a Final Agreement Act — N-23.3
Whereas representatives of the Nisga’a Nation, Her Majesty in right of Canada and Her Majesty in right of British Columbia have negotiated the Nisga’a Final Agreement to achieve this reconciliation and to establish a new relationship among them;
Nisga’a Final Agreement Act — N-23.3
Whereas the Constitution of Canada is the supreme law of Canada;
Nisga’a Final Agreement Act — N-23.3
Whereas the Nisga’a Final Agreement states that the Agreement does not alter the Constitution of Canada;
Nisga’a Final Agreement Act — N-23.3
Whereas the Nisga’a Final Agreement states that the Canadian Charter of Rights and Freedoms applies to Nisga’a Government in respect of all matters within its authority, bearing in mind the free and democratic nature of Nisga’a Government as set out in the Agreement;
Nisga’a Final Agreement Act — N-23.3
And Whereas the enactment of federal legislation is required by the Nisga’a Final Agreement to give effect to the Agreement;
Nisga’a Final Agreement Act — N-23.3
Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Nisga’a Final Agreement Act — N-23.3 1
Short title 1 This Act may be cited as the Nisga’a Final Agreement Act .
Nisga’a Final Agreement Act — N-23.3 2
Definitions 2 (1) The definitions in this subsection apply in this Act. Nisga’a Final Agreement means the Nisga’a Final Agreement signed on behalf of the Nisga’a Nation and Her Majesty in right of British Columbia on April 27, 1999 and on behalf of Her Majesty in right of Canada on May 4, 1999 and laid before the House of Commons on October 19, 1999, and includes any amendments made to that Agreement from time to time in accordance with its provisions. ( Accord définitif nisga’a ) settlement legislation means the Acts of Parliament and the Acts of the Legislature of British Columbia that give effect to the Nisga’a Final Agreement, including this Act and the Nisga’a Final Agreement Act (British Columbia). ( législation de mise en vigueur ) Taxation Agreement means the Nisga’a Nation Taxation Agreement, laid before the House of Commons on October 19, 1999, and entered into on the effective date of the Nisga’a Final Agreement by the Nisga’a Nation, Her Majesty in right of Canada and Her Majesty in right of British Columbia, as provided for by paragraph 21 of the Taxation Chapter of the Nisga’a Final Agreement, and includes any amendments made to the Nisga’a Nation Taxation Agreement from time to time in accordance with its provisions. ( accord fiscal ) Expressions defined in Agreement (2) Words and expressions used in this Act have the same meaning as in the Nisga’a Final Agreement, unless the context requires otherwise.
Nisga’a Final Agreement Act — N-23.3
Nisga’a Final Agreement means the Nisga’a Final Agreement signed on behalf of the Nisga’a Nation and Her Majesty in right of British Columbia on April 27, 1999 and on behalf of Her Majesty in right of Canada on May 4, 1999 and laid before the House of Commons on October 19, 1999, and includes any amendments made to that Agreement from time to time in accordance with its provisions. ( Accord définitif nisga’a )
Nisga’a Final Agreement Act — N-23.3
settlement legislation means the Acts of Parliament and the Acts of the Legislature of British Columbia that give effect to the Nisga’a Final Agreement, including this Act and the Nisga’a Final Agreement Act (British Columbia). ( législation de mise en vigueur )
Nisga’a Final Agreement Act — N-23.3
Taxation Agreement means the Nisga’a Nation Taxation Agreement, laid before the House of Commons on October 19, 1999, and entered into on the effective date of the Nisga’a Final Agreement by the Nisga’a Nation, Her Majesty in right of Canada and Her Majesty in right of British Columbia, as provided for by paragraph 21 of the Taxation Chapter of the Nisga’a Final Agreement, and includes any amendments made to the Nisga’a Nation Taxation Agreement from time to time in accordance with its provisions. ( accord fiscal )
Nisga’a Final Agreement Act — N-23.3 3
Constitution Act, 1982 3 The Nisga’a Final Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982 .
Nisga’a Final Agreement Act — N-23.3 4
Nisga’a Final Agreement 4 (1) The Nisga’a Final Agreement is approved, given effect and declared valid and has the force of law. Rights and duties (2) Without limiting the application of subsection (1), a person or body has the powers, rights, privileges and benefits conferred on the person or body by the Nisga’a Final Agreement and shall perform the duties and is subject to the liabilities imposed on the person or body by that Agreement. Saving (3) No provision made by this Act for a matter that is already provided for in the Nisga’a Final Agreement limits the application of this section.
Nisga’a Final Agreement Act — N-23.3 5
Agreement binding 5 The Nisga’a Final Agreement is binding on, and can be relied on by, all persons.
Nisga’a Final Agreement Act — N-23.3 6
Conflict between Agreement and laws 6 In the event of an inconsistency or conflict between the Nisga’a Final Agreement and the provisions of any federal or provincial law, including this Act, that Agreement prevails to the extent of the inconsistency or conflict.