GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 191
Assistance to officers 191 (1) The owner of, and every person in charge of, a place entered by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer under subsection 189(2), and every person found in that place, shall give all assistance that is reasonably required to enable the officer to verify compliance with this Part and provide any documents, data or information that are reasonably required for that purpose. Transportation, accommodation and food (2) If the place referred to in subsection 189(2) is a marine installation or structure, as defined in subsection 205.001(1), the person in charge of the marine installation or structure shall provide to the officer, and to every individual accompanying the officer, free of charge, (a) suitable transportation between the usual point of embarkation on shore and the marine installation or structure, between the marine installation or structure and the usual point of disembarkation on shore, and between marine installations or structures, if the marine installation or structure or marine installations or structures are situated in the offshore area; and (b) suitable accommodation and food at the marine installation or structure. 1987, c. 3, s. 191; 1992, c. 35, s. 80; 2014, c. 13, s. 35
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 192
Obstruction of officers and making of false statements 192 No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer while the officer is engaged in carrying out his or her duties or functions under this Part. 1987, c. 3, s. 192; 1992, c. 35, s. 80; 2014, c. 13, s. 35
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 192.2
Storage and removal 192.2 (1) A thing seized under this Part may be stored in the place where it was seized or may, at the discretion of an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, be removed to any other place for storage. The owner of the thing or the person who is lawfully entitled to possess it shall pay the costs of storage or removal. Perishable things (2) If the thing seized is perishable, an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may destroy the thing, or otherwise dispose of it in any manner the officer considers appropriate. Any proceeds realized from its disposition shall be paid to the Receiver General. 2014, c. 13, s. 35
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 193
Serious bodily injury 193 (1) If an operational safety officer or the Chief Safety Officer, on reasonable grounds, is of the opinion that continuation of an operation in relation to the exploration or drilling for or the production, conservation, processing or transportation of petroleum or in relation to an offshore renewable energy project in any portion of the offshore area is likely to result in serious bodily injury, the operational safety officer or Chief Safety Officer, as the case may be, may order that the operation cease or be continued only in accordance with the terms of the order. Notice (2) The officer who makes an order under subsection (1) shall affix at or near the scene of the operation a notice of the order in prescribed form. Expiry of order (3) An order made by an operational safety officer under subsection (1) expires 72 hours after it is made unless it is confirmed before that time by order of the Chief Safety Officer. Modification or revocation (4) Immediately after an operational safety officer makes an order under subsection (1), they shall advise the Chief Safety Officer accordingly, and the Chief Safety Officer may modify or revoke the order. Reference to provincial court judge (5) The person carrying out the operation to which an order under subsection (1) makes reference or any person having a pecuniary interest in that operation may by notice in writing request the Chief Safety Officer to refer it to a provincial court judge for review, and thereupon the Chief Safety Officer shall refer the order to a provincial court judge having jurisdiction in the area closest to that in which the operation is being carried on. Inquiry by a provincial court judge (6) A provincial court judge to whom an order is referred pursuant to this section shall inquire into the need for the order and for that purpose has all the powers of a commissioner under Part I of the Inquiries Act . Burden of proof (7) Where an order has been referred to a provincial court judge pursuant to this section, the burden of establishing that the order is not needed is on the person who requested that the order be so referred. Provincial court judge’s decision conclusive (8) A provincial court judge to whom an order is referred pursuant to this section may confirm or set aside the order and the decision of the provincial court judge is final and conclusive. Operations in respect of which order made (9) No person shall continue an operation in respect of which an order has been made pursuant to this section, except in accordance with the terms of the order or until the order has been set aside by a provincial court judge pursuant to this section. 1987, c. 3, s. 193; 1992, c. 35, s. 80; 2014, c. 13, s. 36(E) 2024, c. 20, s. 79
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 193.1
Priority 193.1 An order made by an operational safety officer or the Chief Safety Officer prevails over an order made by a conservation officer or the Chief Conservation Officer to the extent of any inconsistency between the orders. 1992, c. 35, s. 80; 2014, c. 13, s. 37(E)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 193.2
Installation manager 193.2 (1) Every holder of an authorization under paragraph 138(1)(b) in respect of a work or activity for which a prescribed installation is to be used shall put in command of the installation a manager who meets any prescribed qualifications, and the installation manager is responsible for the safety of the installation and the persons at it. Powers (2) Subject to this Act and any other Act of Parliament, an installation manager has the power to do such things as are required to ensure the safety of the installation and the persons at it, and, more particularly, may (a) give orders to any person who is at the installation; (b) order that any person who is at the installation be restrained or removed; and (c) obtain any information or documents. Emergency (3) In a prescribed emergency situation, an installation manager’s powers are extended so that they also apply to each person in charge of a vessel, vehicle or aircraft that is at the installation or that is leaving or approaching it. 1992, c. 35, s. 80; 2014, c. 13, s. 38
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 193.3
Facility manager 193.3 (1) Every holder of an authorization under subsection 138.01(1) in respect of a work or activity for which a prescribed facility is to be used shall put in command of the facility a manager who meets any prescribed qualifications, and the facility manager is responsible for the safety of the facility and the persons at it. Powers (2) Subject to this Act and any other Act of Parliament, a facility manager has the power to do anything that is required to ensure the safety of the facility and the persons at it and, more particularly, may (a) give orders to any person who is at the facility; (b) order that any person who is at the facility be restrained or removed; and (c) obtain any information or documents. Emergency (3) In a prescribed emergency situation, a facility manager’s powers are extended so that they also apply to each person in charge of a vessel, vehicle or aircraft that is at the facility or that is leaving or approaching it. 2024, c. 20, s. 81
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 194
offences in the future. Absence of aggravating factor (4.1) The absence of an aggravating factor set out in subsection (4) is not a mitigating factor. Meaning of damage (4.2) For the purposes of paragraphs (4)(b) to (d), damage includes loss of use value and non-use value. Reasons (4.3) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (4) but decides not to increase the amount of the fine because of that factor, the court shall give reasons for that decision. Due diligence defence (4.4) No person shall be found guilty of an offence under this Part if they establish that they exercised due diligence to prevent the commission of the offence. Presumption against waste (5) No person commits an offence under subsection 154(1) by reason of committing waste as defined in paragraph 154(2)(f) or (g) unless that person has been ordered by the Committee to take measures to prevent the waste and has failed to comply. 1987, c. 3, s. 194; 1992, c. 35, s. 81; 2014, c. 13, s. 39; 2015, c. 4, ss. 64, 117 2024, c. 20, s. 82
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 195
Offence by officers, etc., of corporation 195 (1) If a corporation commits an offence under this Part, any of the following individuals 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 punishment provided for the offence, whether or not the corporation has been prosecuted or convicted: (a) an officer, director or agent of the corporation; and (b) any other individual exercising managerial or supervisory functions in the corporation. Offence by employee or agent (2) In a prosecution for an offence under this Part, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence. 1987, c. 3, s. 195; 1992, c. 35, s. 82; 2014, c. 13, s. 40
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 195.1
Imprisonment precluded in certain cases 195.1 If an individual is convicted of an offence under this Part on proceedings by way of summary conviction, no imprisonment may be imposed in default of payment of any fine imposed as punishment. 2014, c. 13, s. 40
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 196
 court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Part; (q) prohibiting the offender from taking measures to acquire an interest or from applying for any new licence or other authorization under this Act during any period that the court considers appropriate. Coming into force and duration of order (2) An order made under subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but shall not continue in force for more than three years after that day. Publication (3) If an offender does not comply with an order requiring the publication of facts relating to the offence and the details of the punishment, the Regulator may, in the manner that the court directed the offender, publish those facts and details and recover the costs of publication from the offender. Debt due to Regulator (4) If the Regulator incurs publication costs under subsection (3), the costs constitute a debt due to the Regulator and may be recovered in any court of competent jurisdiction. 1987, c. 3, s. 196; 2015, c. 4, ss. 65, 117 2024, c. 20, s. 83 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 196.1
Variation of sanctions 196.1 (1) Subject to subsection (2), if a court has made, in relation to an offender, an order under section 196, the court may, on application by the offender or the Regulator, require the offender to appear before it and, after hearing the offender and the Regulator, vary the order in one or more of the following ways that the court considers appropriate because of a change in the offender’s circumstances since the order was made: (a) by making changes to any prohibition, direction, requirement or condition that is specified in the order for any period or by extending the period during which the order is to remain in force, not exceeding one year; or (b) by decreasing the period during which the order is to remain in force or by relieving the offender of compliance with any condition that is specified in the order, either absolutely or partially or for any period. Notice (2) Before making an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested, and may hear any of those persons. 2015, c. 4, s. 65 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 196.2
Subsequent applications with leave 196.2 If an application made under subsection 196.1(1) in relation to an offender has been heard by a court, no other application may be made under section 196.1 in relation to the offender except with leave of the court. 2015, c. 4, s. 65
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 196.3
Recovery of fines and amounts 196.3 If a person is convicted of an offence under this Part and a fine that is imposed is not paid when required or if a court orders an offender to pay an amount under subsection 196(1) or 196.1(1), the prosecutor may, by filing the conviction or order, as the case may be, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in the Supreme Court of Newfoundland and Labrador, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against them in that Court in civil proceedings. 2015, c. 4, s. 65
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 197
Continuing offences 197 Where an offence under this Part is committed on more than one day or is continued for more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 199
Time limited for summary conviction proceedings 199 Proceedings by way of summary conviction for an offence under this Part may be instituted at any time within but no later than three years after the day on which the subject-matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree. 1987, c. 3, s. 199; 2014, c. 13, s. 41
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 200
Evidence 200 In any prosecution for an offence under this Part, a copy of any order or other document purporting to have been made pursuant to this Part or the regulations and purporting to have been signed by the person authorized by this Part or the regulations to make that order or document is, in the absence of any evidence to the contrary, proof of the matters set out therein. 1987, c. 3, s. 200; 2014, c. 13, s. 42(F)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 201
Jurisdiction of judge or justice 201 Any complaint or information in respect of an offence under this Part may be heard, tried or determined by a justice or judge if the accused is resident or carrying on business within the territorial jurisdiction of that justice or judge although the matter of the complaint or information did not arise in that territorial jurisdiction.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202
Action to enjoin not prejudiced by prosecution 202 (1) Notwithstanding that a prosecution has been instituted in respect of an offence under this Part, the regulations or any order made pursuant to this Part or the regulations, the Regulator may commence and maintain an action to enjoin the committing of any contravention of this Part, the regulations or any order made pursuant to this Part or the regulations. Civil remedy not affected (2) No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Part. 1987, c. 3, s. 202 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.001
Information 202.001 In any proceedings for an offence under this Part (a) an information may include more than one offence committed by the same person; (b) all those offences may be tried concurrently; and (c) one conviction for any or all offences so included may be made. 2014, c. 13, s. 43; 2015, c. 4, s. 117
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.01
Regulations 202.01 (1) Subject to section 7, the Governor in Council may make regulations (a) designating as a violation that may be proceeded with in accordance with this Part (i) the contravention of any specified provision of this Part or of any of its regulations, (ii) the contravention of any direction, requirement, decision or order, or of any direction, requirement, decision or order of a specified class of directions, requirements or orders, made under this Part, or (iii) the failure to comply with any term or condition of (A) an operating licence or authorization, or a specified class of operating licences or authorizations, issued under this Part, or (B) any approval or exemption or a specified class of approvals or exemptions, granted under this Part; (b) respecting the determination of, or the method of determining, the amount payable as the penalty, which may be different for individuals and other persons, for each violation; and (c) respecting the service of documents required or authorized under section 202.06 , 202.2 or 202.5 , including the manner and proof of service and the circumstances under which documents are considered to be served. Maximum (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for a violation shall not be more than $25,000, in the case of an individual, and $100,000, in the case of any other person. 2015, c. 4, s. 66
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.02
Powers 202.02 The Regulator may (a) establish the form of notices of violation; (b) designate persons or classes of persons who are authorized to issue notices of violation; (c) establish, in respect of each violation, a short-form description to be used in notices of violation; and (d) designate persons or classes of persons to conduct reviews under section 202.4 . 2015, c. 4, s. 66 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.03
Commission of violation 202.03 (1) Every person who contravenes or fails to comply with a provision, direction, requirement, decision or order, or term or condition the contravention of which, or the failure to comply with which, is designated to be a violation by a regulation made under paragraph 202.01 (1)(a) commits a violation and is liable to a penalty of an amount to be determined in accordance with the regulations. Purpose of penalty (2) The purpose of the penalty is to promote compliance with this Part and not to punish. 2015, c. 4, s. 66
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.04
Liability of directors, officers, etc. 202.04 If a corporation commits a violation, any director, officer, or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty of an amount to be determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Part. 2015, c. 4, s. 66
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.05
Proof of violation 202.05 In any proceedings under this Part against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee, or agent or mandatary, of the person, whether or not the employee, agent or mandatary is identified or proceeded against in accordance with this Part. 2015, c. 4, s. 66
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.06
Issuance and service of notice of violation 202.06 (1) If a person designated under paragraph 202.02 (b) believes on reasonable grounds that a person has committed a violation, the designated person may issue a notice of violation and cause it to be served on the person. Contents (2) The notice of violation shall (a) name the person that is believed to have committed the violation; (b) set out the relevant facts surrounding the violation; (c) set out the amount of the penalty for the violation; (d) inform the person of their right, under section 202.2 , to request a review with respect to the amount of the penalty or the facts of the violation, and of the period within which that right is to be exercised; (e) inform the person of the manner of paying the penalty set out in the notice; and (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they will be considered to have committed the violation and that they are liable to the penalty set out in the notice. 2015, c. 4, s. 66
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.07
Certain defences not available 202.07 (1) A person named in a notice of violation does not have a defence by reason that the person (a) exercised due diligence to prevent the commission of the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Part applies in respect of a violation to the extent that it is not inconsistent with this Part. 2015, c. 4, s. 66
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.08
Continuing violation 202.08 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. 2015, c. 4, s. 66