GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31 272.3
Determination of small revenue corporation status 272.3 For the purpose of sections 272, 272.1 and 272.2, 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. 72
Canadian Environmental Protection Act, 1999 — C-15.31 272.4
Offence — ships 272.4 (1) Every ship commits an offence if it contravenes (a) section 123, subsection 124(1.1), 125(1), (2.1) or (3.1) or 126(1.1) or (3); (b) any provision of the regulations designated by regulations made under section 286.1; or (c) any order or a direction made under this Act, including one made by a court. Penalty — ships of 7 500 tonnes deadweight or over (2) Every ship 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 ships (3) Every other ship 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. 72
Canadian Environmental Protection Act, 1999 — C-15.31 272.5
Offences — ships 272.5 (1) Every ship commits an offence if it contravenes (a) any provision of this Act that expressly applies to ships, other than a provision the contravention of which is an offence under subsection 272.4(1); or (b) any provision of the regulations other than a provision the contravention of which is an offence under subsection 272.4(1). Penalty — ship of 7 500 tonnes deadweight or over (2) Every ship 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 ships (3) Every other ship 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. 72
Canadian Environmental Protection Act, 1999 — C-15.31 273
Relief from minimum fine 273 The court may impose a fine that is less than the minimum amount provided for in subsection 272(2), (3) or (4) or 272.4(2) or (3) 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 subsections. 1999, c. 33, s. 273; 2009, c. 14, s. 72
Canadian Environmental Protection Act, 1999 — C-15.31 273.1
Deeming — second and subsequent offence 273.1 (1) For the purposes of subsections 272(2) to (4), 272.1(2) to (4), 272.4(2) and (3) and 272.5(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. 72
Canadian Environmental Protection Act, 1999 — C-15.31 274
Damage to environment and risk of death or harm to persons 274 (1) Every person is guilty of an offence and liable on conviction on indictment to a fine or to imprisonment for a term of not more than five years, or to both, who, in committing an offence under this Act, (a) intentionally or recklessly causes a disaster that results in a loss of the use or the non-use value of the environment; or (b) shows wanton or reckless disregard for the lives or safety of other persons and thereby causes a risk of death or harm to another person. Criminal negligence (2) Every person who, in committing an offence under this Act, shows wanton or reckless disregard for the lives or safety of other persons and thereby causes death or bodily harm to another person is subject to prosecution and punishment under section 220 or 221 of the Criminal Code . 1999, c. 33, s. 274; 2009, c. 14, s. 72
Canadian Environmental Protection Act, 1999 — C-15.31 274.1
Additional fine 274.1 If a person or ship is convicted of an offence and the court is satisfied that, as a result of the commission of the offence, the person — or, if the offender is a ship, the owner or operator of the ship — 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. 72
Canadian Environmental Protection Act, 1999 — C-15.31 274.2
Notice to shareholders 274.2 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. 72
Canadian Environmental Protection Act, 1999 — C-15.31 275
Limitation period 275 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. 1999, c. 33, s. 275; 2009, c. 14, s. 72
Canadian Environmental Protection Act, 1999 — C-15.31 275.1
When consent of Attorney General of Canada required 275.1 A proceeding that is commenced in respect of an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division, or in respect of an offence under the Criminal Code that is committed in the course of enforcement of this Act, shall not be continued if the offence was committed in an area of the sea referred to in paragraph 122(2)(c) and the accused is either a ship that is not a Canadian ship or a foreign national who was on board such a ship when the offence was committed, unless the Attorney General of Canada consents to the continuation no later than eight days after the proceeding is commenced. 2005, c. 23, s. 38
Canadian Environmental Protection Act, 1999 — C-15.31 276
Continuing offence 276 Where an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which it is committed or continued.
Canadian Environmental Protection Act, 1999 — C-15.31 278
Regulations 278 The Governor in Council may make regulations prescribing the manner in which the proceeds or any part of the proceeds resulting from the payment of a fine or the execution of an order in relation to an offence under this Act shall be distributed in order to reimburse any person, government or body that has commenced the proceedings in respect of the offence for costs incurred by that person, government or body in respect of the prosecution of the offence.
Canadian Environmental Protection Act, 1999 — C-15.31 278.1
Jurisdiction of justices and judges 278.1 A justice or judge in any territorial division in Canada has jurisdiction to authorize, in the same manner as if the offence had been committed in the territorial division, an arrest, an entry, a search or a seizure in relation to (a) an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division that is committed in an area of the sea referred to in any of paragraphs 122(2)(c), (f) and (g); or (b) an offence under the Criminal Code that is committed in the course of enforcement of this Act in an area of the sea referred to in paragraph 122(2)(c) or in an area of the sea referred to in paragraph 122(2)(g) in the course of hot pursuit that commenced while a ship was in an area of the sea referred to in any paragraphs 122(2)(a) to (e). 2005, c. 23, s. 39
Canadian Environmental Protection Act, 1999 — C-15.31 279
Jurisdiction of court 279 (1) If an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division is committed in an area of the sea referred to in any of paragraphs 122(2)(a) to (e), or if an offence under the Criminal Code is committed in the course of enforcement of this Act in an area of the sea referred to in paragraph 122(2)(c), the offence (a) is within the competence of and shall be tried by the court having jurisdiction in respect of similar offences in the territorial division nearest to the place where the offence was committed; and (b) shall be tried in the same manner as if it had been committed within that territorial division. Where offence deemed to have been committed (2) An offence to which subsection (1) applies is, for the purpose of that subsection, deemed to have been committed either in the place where the offence was actually committed or in the place in which the accused is found. Jurisdiction of court (3) If an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division is committed in an area of the sea referred to in paragraph 122(2)(f) or (g), or if an offence under the Criminal Code is committed in the course of enforcement of this Act in an area of the sea referred to in paragraph 122(2)(g) in the course of hot pursuit that commenced while a ship was in an area of the sea referred to in any paragraphs 122(2)(a) to (e), the offence (a) is within the competence of and shall be tried by any court having jurisdiction in respect of similar offences committed by persons within the limits of its ordinary jurisdiction; and (b) shall be tried in the same manner as if it had been committed within the jurisdiction of the court before which it is tried. 1999, c. 33, s. 279; 2005, c. 23, s. 40
Canadian Environmental Protection Act, 1999 — C-15.31 280
Liability of directors, officer, etc., of corporation 280 (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 masters and chief engineers (2) If a ship commits an offence under this Act and the master or chief engineer of the ship directed, authorized, assented to, acquiesced in or participated in the commission of the offence, the 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 272.1(1), whether or not the ship has been prosecuted or convicted. 1999, c. 33, s. 280; 2005, c. 23, s. 41; 2009, c. 14, s. 73
Canadian Environmental Protection Act, 1999 — C-15.31 280.1
Duties of directors and officers 280.1 (1) 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, other than Division 3 of Part 7 and regulations made under that Division; and (b) orders and directions of, and prohibitions and requirements imposed by, the Minister, enforcement officers and the Tribunal, other than those issued or imposed in connection with obligations or prohibitions under that Division or regulations made under that Division. Duties of directors and officers — Division 3 of Part 7 (2) Every director and officer of a corporation who is in a position to direct or influence the corporation’s policies or activities in respect of its obligation to comply with Division 3 of Part 7, regulations made under that Division, and orders and directions of, and prohibitions and requirements imposed by, the Minister, enforcement officers and the Tribunal in connection with obligations or prohibitions under that Division or those regulations, shall take all reasonable care to ensure that the corporation so complies. Liability of directors and officers — Division 3 of Part 7 (3) If a corporation commits an offence arising out of a contravention of Division 3 of Part 7, a regulation made under that Division or an order or direction of, or prohibition or requirement imposed by, the Minister, an enforcement officer or the Tribunal in connection with an obligation or prohibition under that Division or a regulation made under that Division, every director and officer of the corporation 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 to the penalty provided 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. 2005, c. 23, s. 41; 2009, c. 14, s. 74 2026, c. 3, s. 521
Canadian Environmental Protection Act, 1999 — C-15.31 280.2
Duties of masters and chief engineers 280.2 (1) The master and the chief engineer of a ship shall take all reasonable care to ensure that the ship complies with (a) Division 3 of Part 7 and regulations made under that Division; and (b) orders and directions of, and prohibitions and requirements imposed by, the Minister, enforcement officers and the Tribunal in connection with obligations or prohibitions under that Division or those regulations. Liability of master and chief engineer (2) If a ship commits an offence arising out of a contravention of Division 3 of Part 7, a regulation made under that Division or an order or direction of, or prohibition or requirement imposed by, the Minister, an enforcement officer or the Tribunal in connection with an obligation or prohibition under that Division or a regulation made under that Division, the master and the chief engineer of the ship are a party to and guilty of the offence, and are liable to the penalty provided for by this Act for an individual who commits an offence under subsection 272(1), whether or not the ship has been prosecuted or convicted. 2005, c. 23, s. 41; 2009, c. 14, s. 75 2026, c. 3, s. 521
Canadian Environmental Protection Act, 1999 — C-15.31 280.3
Duties of ship owners 280.3 (1) Every owner of a ship — and, if the owner is a corporation, every director and officer of the corporation who is in a position to direct or influence its policies or activities relating to conduct prohibited by Division 3 of Part 7 — shall take all reasonable care to ensure that the ship complies, and all persons on board the ship comply, with (a) Division 3 of Part 7 and regulations made under that Division; and (b) orders and directions of, and prohibitions and requirements imposed by, the Minister, enforcement officers and the Tribunal in connection with obligations or prohibitions under that Division or those regulations. Liability of ship’s owner — individual (2) If a ship commits an offence arising out of a contravention of Division 3 of Part 7, a regulation made under that Division or an order or direction of, or prohibition or requirement imposed by, the Minister, an enforcement officer or the Tribunal in connection with an obligation or prohibition under that Division or a regulation made under that Division and the owner of the ship, other than an owner that is a corporation, directed, authorized, assented to, acquiesced in or participated in the commission of the offence, the owner is a party to and guilty of the offence and is liable to the penalty provided by this Act for an individual who commits an offence under subsection 272(1), whether or not the ship has been prosecuted or convicted. Liability of directors and officers of corporate ship owners (3) If a ship commits an offence arising out of a contravention of Division 3 of Part 7, a regulation made under that Division or an order or direction of, or prohibition or requirement imposed by, the Minister, an enforcement officer or the Tribunal in connection with an obligation or prohibition under that Division or a regulation made under that Division, every director or officer of a corporation that is an owner of the ship 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 to penalty provided by this Act for an individual who commits an offence under subsection 272(1), whether or not the ship has been prosecuted or convicted. 2005, c. 23, s. 41; 2009, c. 14, s. 76 2026, c. 3, s. 521
Canadian Environmental Protection Act, 1999 — C-15.31 280.4
For greater certainty 280.4 For greater certainty, section 283 applies to a person who is a party to an offence by reason of subsection 280.1(3), 280.2(2) or 280.3(2) or (3). 2005, c. 23, s. 41; 2009, c. 14, s. 76
Canadian Environmental Protection Act, 1999 — C-15.31 280.5
Direction binds ship 280.5 For the purpose of prosecuting a ship for contravening a direction made under section 225.1, any direction made under that section that is given to the master or a crew member of the ship binds the ship as though it had been given to the ship. 2005, c. 23, s. 41; 2009, c. 14, s. 76
Canadian Environmental Protection Act, 1999 — C-15.31 281
Identifying owner, master, etc. 281 The owner or master of a ship, the owner or pilot in command of an aircraft or the owner or person in charge of any platform or other structure may be charged with an offence arising out of a contravention of Division 3 of Part 7 as owner, master, pilot in command or person in charge, as the case may be, of the ship, aircraft, platform or structure if it is adequately identified, and no such charge is invalid by reason only that it does not name the owner, master, pilot in command or person in charge, as the case may be, of the ship, aircraft, platform or structure.
Canadian Environmental Protection Act, 1999 — C-15.31 281.1
Proceedings against ships 281.1 (1) Subject to subsection (2), the provisions of this Act or the Criminal Code relating to indictable or summary conviction offences that apply to persons apply also to ships, with any modifications that the circumstances require. Service on ship (2) If a ship is charged with having committed an offence under this Act, the summons may be served by leaving it with the owner, master or any officer of the ship or by posting the summons on some conspicuous part of the ship. Appearance at trial (3) If a ship is charged with having committed an offence under this Act, the ship may appear by counsel or representative. Despite the Criminal Code , if the ship does not so appear, a court may, on proof of service of the summons, proceed to hold the trial. 2005, c. 23, s. 42; 2009, c. 14, s. 77
Canadian Environmental Protection Act, 1999 — C-15.31 282
Proof of offence 282 (1) In any prosecution of an offence under this Act, other than an offence under paragraph 272(1)(k) or (l) or an offence of contravening section 228 or an offence under 274, 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 ship, the pilot in command of an aircraft or the owner or person in charge of any platform or other structure for an offence arising out of a contravention of Division 3 of Part 7, it is sufficient proof of the offence to establish that it was committed by a crew member or other person on board the ship, aircraft, platform or structure, whether or not the crew member or other person is identified or prosecuted for the offence. 1999, c. 33, s. 282; 2009, c. 14, s. 78
Canadian Environmental Protection Act, 1999 — C-15.31 283
Defence 283 No person shall be found guilty of an offence under this Act, other than an offence of contravening paragraph 228(a) or knowingly contravening paragraph 228(b), an offence under paragraph 272(1)(k) or (l) or an offence under section 274, if the person establishes that the person exercised all due diligence to prevent its commission. 1999, c. 33, s. 283; 2009, c. 14, s. 79
Canadian Environmental Protection Act, 1999 — C-15.31 284
Importing substances by analysts 284 Despite any other provision of this Act or the regulations, the Minister may, subject to any reasonable condition specified by the Minister, authorize in writing an analyst to import, possess and use a substance for the purpose of conducting measurements, tests and research with respect to the substance.
Canadian Environmental Protection Act, 1999 — C-15.31 285
Certificate of analyst 285 (1) Subject to subsections (2) and (3), a certificate of an analyst stating that the analyst has analysed or examined a substance or product and stating the result of the analysis or examination is admissible in evidence in any prosecution for an offence under this Act and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate. Attendance of analyst (2) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Notice (3) No certificate of an analyst shall 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 certificate.
Canadian Environmental Protection Act, 1999 — C-15.31 286
Safety marks and prescribed documents 286 In any prosecution for an offence under this Act, evidence that a means of containment or transport bore a safety mark or was accompanied by a prescribed document is, in the absence of evidence to the contrary, proof of the information shown or indicated by the safety mark or contained in the prescribed document.
Canadian Environmental Protection Act, 1999 — C-15.31 286.1
Regulations 286.1 The Governor in Council may, by regulation, designate provisions of regulations made under this Act for the purposes of paragraph 272(1)(h) and subsection 272.2(1) and paragraph 272.4(1)(b). 2009, c. 14, s. 80