GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Oceans Act — O-2.4 39.66
Application of fines 39.66 (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act , are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to the conservation, protection or restoration of marine protected areas, or for administering that Fund. Recommendations of court (2) The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or an organization specified by the court for a purpose referred to in subsection (1). 2019, c. 8, s. 13
Oceans Act — O-2.4 39.67
Application to ships 39.67 (1) The provisions of this Part — and those of any regulations or orders made under this Part or any regulations made under section 52.1 — relating to indictable or summary conviction offences that apply to persons also apply to ships, with any modifications that the circumstances require. Application of Criminal Code (2) The provisions of the Criminal Code relating to indictable or summary conviction offences that apply to persons also apply to ships, with any modifications that the circumstances require. Service (3) When a ship is charged with an offence under section 39.6, the summons may be served by leaving it with the master or another officer, the authorized representative, the owner or the operator of the ship, or if it cannot reasonably be left with any of those persons, by posting a copy of it on any conspicuous part of the ship. Appearance at trial (4) If a ship is charged with an offence under section 39.6, the ship may appear by counsel or representative before the court. 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. Proof of offence by ship (5) If a ship is prosecuted for an offence under section 39.6, it is sufficient proof of the offence to establish that the act or omission that constitutes the offence was committed by the master of the ship or any other person on board the ship, whether or not the person on board has been identified or has been prosecuted for the offence. Direction binding ship (6) For the purpose of prosecuting a ship for contravening a direction made under section 39.2, any direction made under that section that is given to the master or another officer, the authorized representative, the owner or the operator of the ship is deemed to have been given to the ship and is binding on it. Notice of detention order binding ship (7) For the purpose of prosecuting a ship for contravening of subsection 39.21(4), the notice of the detention order served in accordance with subsection 39.21(3) is deemed to have been served on the ship and is binding on it. 2019, c. 8, s. 13
Oceans Act — O-2.4 39.68
Sentencing principles 39.68 (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 to be considered by the court in respect of a person convicted of an offence are the following: (a) the offence caused damage or a risk of damage to any marine resource, habitat or ecosystem; (b) the offence caused damage or a risk of damage to any unique, rare, particularly important or vulnerable marine resource, habitat or ecosystem; (c) the damage caused by the offence is extensive, persistent or irreparable; (d) the person committed the offence intentionally or recklessly; (e) the person failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so; (f) by committing the offence or failing to take action to prevent its commission, the person increased revenue or decreased costs or intended to increase revenue or decrease costs; (g) the person committed the offence despite having been warned by the Minister or an enforcement officer of the circumstances that subsequently became the subject of the offence; (h) the person has a history of non-compliance with an Act of Parliament or an Act of a provincial legislature that relates to environmental or wildlife protection or conservation; and (i) after committing the offence, the person (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. Definition of damage (4) For the purposes of paragraphs (2)(a) to (c), damage includes loss of use value and non-use value. Reasons (5) If the court decides not to increase the amount of the fine despite being satisfied of the existence of one or more of the aggravating factors set out in subsection (2), the court shall provide reasons for that decision. 2019, c. 8, s. 13
Oceans Act — O-2.4 39.7
Forfeiture 39.7 (1) Where a person is convicted of an offence, the convicting court may, in addition to any punishment imposed, order that any seized thing by means of or in relation to which the offence was committed, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada. Return where no forfeiture ordered (2) Where the convicting court does not order the forfeiture, the seized thing, or the proceeds of its disposition, must be returned to its lawful owner or the person lawfully entitled to it.
Oceans Act — O-2.4 39.8
Retention or sale 39.8 Where 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 sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.
Oceans Act — O-2.4 39.91
Suspended sentence 39.91 (1) Where a person is convicted of an offence and the court suspends the passing of sentence pursuant to the Criminal Code , the court may, in addition to any probation order made on suspending the passing of that sentence, make an order containing one or more of the prohibitions, directions or requirements mentioned in section 39.9. Imposition of sentence (2) Where the person does not comply with the order or is convicted of another offence, within three years after the order was made, the court may, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended. 1996, c. 31, s. 39.10 2019, c. 8, s. 15
Oceans Act — O-2.4 39.92
Limitation period 39.92 Proceedings by way of summary conviction in respect of an offence may be commenced not later than five years after the day on which the offence was committed. 1996, c. 31, s. 39.11 2019, c. 8, s. 16
Oceans Act — O-2.4 39.93
Procedure 39.93 (1) In addition to the procedures set out in the Criminal Code for commencing a proceeding, proceedings in respect of any offence prescribed by the regulations may be commenced by an enforcement officer (a) completing a ticket that consists of a summons portion and an information portion; (b) delivering the summons portion to the accused or mailing it to the accused at the accused’s latest known address; and (c) filing the information portion with a court of competent jurisdiction before the summons portion has been delivered or mailed or as soon as is practicable afterward. Content of ticket (2) The summons and information portions of the ticket must (a) set out a description of the offence and the time and place of its alleged commission; (b) include a statement, signed by the enforcement officer who completes the ticket, that the officer has reasonable grounds to believe that the accused committed the offence; (c) set out the amount of the fine prescribed by the regulations for the offence and the manner in which and period within which it may be paid; (d) include a statement that if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; and (e) include a statement that if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court on the day and at the time set out in the ticket. Notice of forfeiture (3) Where a thing is seized under this Act and proceedings relating to it are commenced by way of the ticketing procedure, the enforcement officer who completes the ticket shall give written notice to the accused that, if the accused pays the fine prescribed by the regulations within the period set out in the ticket, the thing, or any proceeds of its disposition, will be immediately forfeited to Her Majesty. Consequences of payment (4) Where an accused to whom the summons portion of a ticket is delivered or mailed pays the prescribed fine within the period set out in the ticket, (a) the payment constitutes a plea of guilty to the offence and a conviction must be entered against the accused and no further action may be taken against the accused in respect of that offence; and (b) notwithstanding section 39.3, any thing seized from the accused under this Act that relates to the offence, or any proceeds of its disposition, are forfeited to (i) Her Majesty in right of Canada, if the thing was seized by an enforcement officer employed in the federal public administration, or (ii) Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by the government of that province. Regulations (5) The Governor in Council may make regulations prescribing (a) offences in respect of which this section applies and the manner in which the offences are to be described in tickets; and (b) the amount of the fine for a prescribed offence, but the amount may not exceed $2,000. 1996, c. 31, s. 39.12; 2003, c. 22, s. 224(E) 2019, c. 8, s. 17
Oceans Act — O-2.4 40
Powers, duties and functions of the Minister 40 (1) As the Minister responsible for oceans, the powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not assigned by law to any other department, board or agency of the Government of Canada, relating to the policies and programs of the Government of Canada respecting oceans. Encouragement of activities (2) For the purpose of subsection (1), the Minister shall encourage activities necessary to foster understanding, management and sustainable development of oceans and marine resources and the provision of hydrographic services to ensure the facilitation of marine trade, commerce and safety in collaboration with other ministers of the Government of Canada. 1996, c. 31, s. 40 2026, c. 4, s. 24.1
Oceans Act — O-2.4 41
Coast guard services 41 (1) The Minister of National Defence is responsible for coast guard services and their powers, duties and functions extend to and include all matters over which Parliament has jurisdiction, not assigned by law to any other department, board or agency of the Government of Canada, relating to (a) services for the safe, economical and efficient movement of ships in Canadian waters through the provision of (i) aids to navigation systems and services, (ii) marine communications and traffic management services, (iii) ice breaking and ice management services, and (iv) channel maintenance; (b) the marine component of the federal search and rescue program; (c) response to wrecks and hazardous or dilapidated ships; (d) marine pollution response; (e) the support of departments, boards and agencies of the Government of Canada through the provision of ships, aircraft and other services; and (f) security, including security patrols and the collection, analysis and disclosure of information or intelligence. Cost-effectiveness (2) The Minister of National Defence shall ensure that the services referred to in subparagraphs (1)(a)(i) to (iv) are provided in a cost-effective manner. 1996, c. 31, s. 41; 1999, c. 31, s. 170(F); 2005, c. 29, s. 36 2019, c. 1, s. 133 2026, c. 4, s. 25
Oceans Act — O-2.4 41.1
Powers with respect to information and intelligence 41.1 In exercising the powers and performing the duties and functions assigned to them under section 41, the Minister, or any other member of the King’s Privy Council for Canada designated under subsection 41(1), may collect, analyze and disclose information or intelligence. 2026, c. 4, s. 26
Oceans Act — O-2.4 42
Functions 42 In exercising the powers and performing the duties and functions assigned by paragraph 4(1)(c) of the Department of Fisheries and Oceans Act , the Minister may (a) collect data for the purpose of understanding oceans and their living resources and ecosystems; (b) conduct hydrographic and oceanographic surveys of Canadian and other waters; (c) conduct marine scientific surveys relating to fisheries resources and their supporting habitat and ecosystems; (d) conduct basic and applied research related to hydrography, oceanography and other marine sciences, including the study of fish and their supporting habitat and ecosystems; (e) carry out investigations for the purpose of understanding oceans and their living resources and ecosystems; (f) prepare and publish data, reports, statistics, charts, maps, plans, sections and other documents; (g) authorize the distribution or sale of data, reports, statistics, charts, maps, plans, sections and other documents; (h) prepare in collaboration with the Minister of Foreign Affairs, publish and authorize the distribution or sale of charts delineating, consistently with the nature and scale of the charts, all or part of the territorial sea of Canada, the contiguous zone of Canada, the exclusive economic zone of Canada and the fishing zones of Canada and adjacent waters; (i) participate in ocean technology development; and (j) conduct studies to obtain traditional ecological knowledge for the purpose of understanding oceans and their living resources and ecosystems.
Oceans Act — O-2.4 43
Powers 43 Subject to section 4 of the Department of Fisheries and Oceans Act respecting the powers, duties and functions of the Minister in relation to matters mentioned in that section over which Parliament has jurisdiction, the Minister (a) is responsible for coordinating, promoting and recommending national policies and programs with respect to fisheries science, hydrography, oceanography and other marine sciences; (b) in carrying out his or her responsibilities under this section, may (i) conduct or cooperate with persons conducting applied and basic research programs and investigations and economic studies for the purpose of understanding oceans and their living resources and ecosystems, and (ii) for that purpose maintain and operate ships, research institutes, laboratories and other facilities for research, surveying and monitoring for the purpose of understanding oceans and their living resources and ecosystems; and (c) may provide marine scientific advice, services and support to the Government of Canada and, on behalf of the Government, to the governments of the provinces, to other states, to international organizations and to other persons.
Oceans Act — O-2.4 44
Marine scientific research by foreign ships 44 The Minister may (a) request the Minister of Foreign Affairs to attach to a consent of the Minister of Foreign Affairs under paragraph 3(2)(c) of the Coasting Trade Act a condition that the foreign ship or non-duty paid ship supply the Minister with the results of the marine scientific research conducted by that ship in waters that form part of Canada or in which Canada has sovereign rights under international law; and (b) establish guidelines, not inconsistent with Canada’s international obligations, for use by foreign ships and non-duty paid ships in conducting marine scientific research in waters that form part of Canada or in which Canada has sovereign rights under international law.
Oceans Act — O-2.4 45
Minister’s powers 45 As the Minister responsible for hydrographic services, the powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not assigned by law to any other department, board or agency of the Government of Canada, relating to (a) setting standards and establishing guidelines for use by hydrographers and others in collecting data and preparing charts on behalf of the Minister; and (b) providing hydrographic advice, services and support to the Government of Canada and, on behalf of the Government, to the governments of the provinces, to other states, to international organizations and to other persons.
Oceans Act — O-2.4 46
Entry on lands 46 A hydrographer may, for the purpose of conducting a hydrographic survey on behalf of the Minister, enter on or pass over the lands of any person, but shall take all reasonable precautions to avoid causing any damage in doing so.
Oceans Act — O-2.4 47
Fees for services or use of facilities 47 (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for a service or the use of a facility provided under this Act by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility. Amount not to exceed cost (2) Fees for a service or the use of a facility that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.
Oceans Act — O-2.4 48
Fees for products, rights and privileges 48 The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees in respect of products, rights and privileges provided under this Act by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility.
Oceans Act — O-2.4 49
Fees in respect of regulatory processes, etc. 49 (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix fees in respect of regulatory processes or approvals provided under this Act by the Minister, the Department or any board or agency of the Government of Canada for which the Minister has responsibility. Amount (2) Fees that are fixed under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable outlays incurred by Her Majesty for the purpose of providing the regulatory processes or approvals.
Oceans Act — O-2.4 50
Consultation 50 (1) Before fixing a fee under this Act, the Minister shall consult with such persons or bodies as the Minister considers to be interested in the matter. Publication (2) The Minister shall, within 30 days after fixing a fee under this Act, publish the fee in the Canada Gazette and by such appropriate electronic or other means that the Treasury Board may authorize by regulation. Reference to Scrutiny Committee (3) Any fee fixed under this Act shall stand referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.
Oceans Act — O-2.4 51
Power to make regulations 51 The Treasury Board may make regulations for the purposes of section 47, 48, 49 or 50.
Oceans Act — O-2.4 52
Review 52 (1) The administration of this Act shall, within three years after the coming into force of this section, be reviewed by the Standing Committee on Fisheries and Oceans. Report to Parliament (2) The Committee shall undertake a comprehensive review of the provisions and operation of this Act, including the consequences of its implementation, and shall, within a year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report to Parliament thereon including a statement of any changes to this Act or its administration that the Committee would recommend.
Oceans Act — O-2.4 52.1
Regulations 52.1 The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Act and, in particular, but without restricting the generality of the foregoing, may make regulations (a) prescribing marine environmental quality requirements and standards; (b) respecting the powers and duties of persons designated by the Minister as enforcement officers; and (c) respecting the implementation of provisions of agreements made under this Act.
Oceans Act — O-2.4 Coming into force
Coming into force * 109 This Act or any of its provisions, other than section 53, comes into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act, except section 53, in force January 31, 1997, see SI/97-21.]
Oceans Act — O-2.4 18
18 Section 39.11 of the Oceans Act , as it read immediately before the day on which section 16 of this Act comes into force, continues to apply in respect of an offence that was committed before that day.
An Act to amend and consolidate the Acts relating to the office of Port Warden for the Harbour of Montreal — O-2.6 Preamble
Preamble Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
An Act to amend and consolidate the Acts relating to the office of Port Warden for the Harbour of Montreal — O-2.6 1
Repeal of Act of Province of Canada 26 V., c. 52, 29 V., c. 59, secs. 1, 2, 5, 6, 7 of 36 V., c. 11, and 37 V., c. 33; Exception as to present Warden and deputies 1 The Act of the legislature of the late Province of Canada, passed in the twenty-sixth year of Her Majesty’s reign, chapter fifty-two; the Act of the said legislature, passed in the twenty-ninth year of Her Majesty’s reign, chapter fifty-nine; the first and second, and the fifth, sixth, and seventh sections, so far as they relate to the Harbour of Montreal, of the Act of the Parliament of Canada, passed in the thirty-sixth year of Her Majesty’s reign, chapter eleven; and the Act of the said Parliament, passed in the thirty-seventh year of Her Majesty’s reign, chapter thirty-three, are, and each of them is, hereby repealed; save and except that the Port Warden of the Harbour of Montreal, the Deputy Port Warden of the said harbour, and the Board of Examiners appointed under the said last-mentioned Act, shall continue to hold their respective offices until their successors have been appointed under this Act.
An Act to amend and consolidate the Acts relating to the office of Port Warden for the Harbour of Montreal — O-2.6 2
Officers continued; And their powers 2 There shall continue to be, at the City of Montreal, an officer who shall be designated the Port Warden of the Harbour of Montreal, and such number of Deputy Port Wardens as the Council of the Board of Trade at Montreal shall deem necessary for the business of the harbour: and any power, function, or duty conferred or imposed by this Act upon the Port Warden, may be effectually exercised and performed by any Deputy Port Warden, under the general supervision of the said Port Warden. 1882, c. 45, s. 2; 1980-81-82-83, c. 8, s. 2(F)