GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
International Boundary Waters Treaty Act — I-17 21
Regulations 21 (1) The Governor in Council may, on the recommendation of the Minister, make regulations (a) specifying what constitutes a use, obstruction, diversion or work for the purposes of this Act; (b) defining, for the purposes of this Act, any word or expression used in sections 11 to 42 that is not defined in this Act; (c) [Repealed, 2013, c. 12, s. 8] (d) specifying exceptions to the application of subsections 11(1) and 12(1); (e) prescribing classes of licences and determining the persons who are eligible to hold licences of any particular class; (f) respecting applications for licences, including the form of the applications, the information to be provided in respect of the applications and the manner in which the applications are to be filed, processed and disposed of; (g) respecting the form of licences and the information they must include and requiring licensees to publish or otherwise make them available for public inspection; (h) prescribing fees, or the manner of calculating fees, in respect of licences and prescribing the manner in which the fees are to be paid; (i) prescribing the duration of licences; (j) respecting the renewal and amendment of licences; (k) prescribing uses, obstructions, diversions and works for which a licence may not be issued; and (l) [Repealed, 2013, c. 12, s. 8] (m) generally for carrying out the purposes and provisions of this Act. Ordinary meaning applies (2) For greater certainty, regulations made under paragraph (1)(a) do not restrict the ordinary meaning of the words “use”, “obstruction”, “diversion” or “work”. 2001, c. 40, s. 1; 2013, c. 12, s. 8
International Boundary Waters Treaty Act — I-17 21.01
Order — Schedule 3 21.01 (1) The Governor in Council may, by order, on the Minister’s recommendation, amend Schedule 3 by adding, deleting or amending the name of any transboundary waters. Consultation (2) Before recommending that Schedule 3 be amended, the Minister is to consult with the appropriate Minister of the province where the transboundary waters are located. 2013, c. 12, s. 9
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Obstruction 22 Obstructing a person designated under section 20.1 or hindering them in carrying out their functions under this Act is prohibited. 2001, c. 40, s. 1; 2013, c. 12, s. 10
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Knowingly providing false or misleading information, etc. 23 (1) It is prohibited to, with respect to any matter related to this Act, knowingly (a) provide any person with false or misleading information, results or samples; or (b) file a document that contains false or misleading information. Negligently providing false or misleading information, etc. (2) It is prohibited to, with respect to any matter related to this Act, negligently (a) provide any person with false or misleading information, results or samples; or (b) file a document that contains false or misleading information. 2001, c. 40, s. 1; 2013, c. 12, s. 10
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Offence 24 (1) Every person commits an offence who contravenes (a) subsection 11(1), 12(1) or 13(1) or (2) or section 22; (b) an order made by the Minister under section 19; (c) subsection 23(1); or (d) an order made by a court under this Act. Penalty — individuals (2) Every individual who commits an offence under subsection (1) is liable (a) on conviction on indictment (i) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, and (ii) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction (i) for a first offence, to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both, and (ii) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000 or to imprisonment for a term of not more than six months, or to both. Penalty — other persons (3) Every person, other than an individual or a corporation referred to in subsection (4), who commits an offence under subsection (1) is liable (a) on conviction on indictment (i) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or (b) on summary conviction (i) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000. Penalty — small revenue corporations (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 29 to be a small revenue corporation is liable (a) on conviction on indictment (i) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or (b) on summary conviction (i) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000. 2001, c. 40, s. 1; 2013, c. 12, s. 10
International Boundary Waters Treaty Act — I-17 25
Offence 25 (1) Every person commits an offence who contravenes any provision of the Act or the regulations, other than a provision the contravention of which is an offence under subsection 24(1). Penalty — individuals (2) Every individual who commits an offence under subsection (1) is liable (a) on conviction on indictment (i) for a first offence, to a fine of not more than $100,000, and (ii) for a second or subsequent offence, to a fine of not more than $200,000; or (b) on summary conviction (i) for a first offence, to a fine of not more than $25,000, and (ii) for a second or subsequent offence, to a fine of not more than $50,000. Penalty — other persons (3) Every person, other than an individual or a corporation referred to in subsection (4), that commits an offence under subsection (1) is liable (a) on conviction on indictment (i) for a first offence, to a fine of not more than $500,000, and (ii) for a second or subsequent offence, to a fine of not more than $1,000,000; or (b) on summary conviction (i) for a first offence, to a fine of not more than $250,000, and (ii) for a second or subsequent offence, to a fine of not more than $500,000. Penalty — small revenue corporations (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 29 to be a small revenue corporation is liable (a) on conviction on indictment (i) for a first offence, to a fine of not more than $250,000, and (ii) for a second or subsequent offence, to a fine of not more than $500,000; or (b) on summary conviction (i) for a first offence, to a fine of not more than $50,000, and (ii) for a second or subsequent offence, to a fine of not more than $100,000. 2001, c. 40, s. 1; 2013, c. 12, s. 10
International Boundary Waters Treaty Act — I-17 26
Due diligence 26 A person is not to be convicted of an offence under paragraph 24(1)(a), (b) or (d) or subsection 25(1) if they establish that they exercised due diligence to prevent the commission of the offence. 2001, c. 40, s. 1; 2013, c. 12, s. 10
International Boundary Waters Treaty Act — I-17 27
Continuing offence 27 If an offence under this Act is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued. 2013, c. 12, s. 10
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Deeming — second and subsequent offence 28 (1) For the purposes of sections 24 and 25, 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 water resource management — of a substantially similar offence. Application (2) Subsection (1) applies only to previous convictions on indictment, to previous convictions on summary conviction, and to previous convictions under any similar procedure under any Act of the legislature of a province. 2013, c. 12, s. 10
International Boundary Waters Treaty Act — I-17 29
Determination of small revenue corporation status 29 For the purposes of sections 24 and 25, 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. 2013, c. 12, s. 10
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Relief from minimum fine 30 The court may impose a fine that is less than the minimum amount provided for in any of subsections 24(2) to (4) 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 the subsection. 2013, c. 12, s. 10
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Additional fine 31 If a person is convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court shall order the person 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. 2013, c. 12, s. 10
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Notice to shareholders 32 If a corporation that has shareholders has been 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. 2013, c. 12, s. 10
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Liability of directors, officers, etc., of corporation 33 If a corporation commits an offence under this Act, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced 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. 2013, c. 12, s. 10
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Offences by employees, agents or mandataries 34 In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by the accused’s employee acting within the scope of their employment or the accused’s agent or mandatary acting within the scope of their authority, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the accused exercised due diligence to prevent the commission of the offence. 2013, c. 12, s. 10
International Boundary Waters Treaty Act — I-17 35
Fundamental purpose of sentencing 35 The fundamental purpose of sentencing for offences under this Act is to contribute to respect for this Act through the imposition of just sanctions that have as their objectives (a) to deter the offender and other persons from committing offences under this Act; (b) to denounce unlawful conduct that causes damage or risk of damage to water resources; and (c) to restore the environment harmed by the offence. 2013, c. 12, s. 10
International Boundary Waters Treaty Act — I-17 36
Sentencing principles 36 (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code , the court shall consider the following principles when sentencing a person who is convicted of an offence under this Act: (a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence. Aggravating factors (2) The aggravating factors are the following: (a) the offence caused damage or risk of damage to the environment; (b) the offence caused damage or risk of damage to any unique, particularly important or vulnerable environment; (c) the damage caused by the offence is extensive, persistent or irreparable; (d) other than in the case of a contravention of subsection 23(1), the offender committed the offence intentionally or recklessly; (e) the offender 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 offender increased revenue or decreased costs or intended to increase revenue or decrease costs; (g) the offender committed the offence despite having been warned in writing by an inspector of the circumstances that subsequently became the subject of the offence; (h) the offender has a history of non-compliance with federal or provincial legislation that relates to water resource management; and (i) after the commission of the offence, the offender (i) attempted to conceal its commission, (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or (iii) failed to take prompt action to reduce the risk of committing similar offences in the future. Absence of aggravating factor (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor. Meaning of damage (4) For the purposes of paragraphs (2)(a) to (c), damage includes loss of use value and non-use value. Reasons (5) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of the factor, the court shall give reasons for that decision. 2013, c. 12, s. 10
International Boundary Waters Treaty Act — I-17 37
costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Enforcement (4) If the court makes an order under paragraph (1)(j) directing a person to compensate another person, other than Her Majesty in right of Canada, that other person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the person who was directed to pay the amount in the same manner as if it were a judgment rendered against them in that court in civil proceedings. Cancellation or suspension of licences (5) If the court makes an order under paragraph (1)(l), any licence to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate. Coming into force and duration of order (6) An order made under subsection (1) comes into force on the day on which it is made or on any other day that the court may determine and does not continue in force for more than three years after that day unless the court provides otherwise in the order. 2013, c. 12, s. 10
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Compensation for loss of property 38 (1) If a person has been convicted of an offence under this Act, the court may, at the time sentence is imposed and on the application of the person aggrieved, order the offender to pay to the aggrieved person an amount by way of satisfaction or compensation for loss of or damage to property suffered by that person as a result of the commission of the offence. Enforcement (2) If the amount ordered to be paid is not paid without delay, the aggrieved person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. 2013, c. 12, s. 10
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Limitation period 39 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. 2013, c. 12, s. 10
International Boundary Waters Treaty Act — I-17 40
Publication of information about contraventions 40 (1) For the purpose of encouraging compliance with this Act and the regulations, the Minister shall maintain, in a registry accessible to the public, information about all convictions of corporations for offences under this Act. Retention (2) Information in the registry is to be maintained for a minimum of five years. 2013, c. 12, s. 10
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Injunctions 41 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done or is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering any person named in the application (a) to refrain from doing any act or thing that it appears to the court may constitute or be directed toward the commission of the offence; or (b) to do any act or thing that it appears to the court may prevent the commission of the offence. Notice (2) The party or parties named in the application are to be given 48 hours’ notice before the injunction is issued, unless the urgency of the situation is such that service of notice would not be in the public interest. 2013, c. 12, s. 10
International Boundary Waters Treaty Act — I-17 42
Review — sections 24 to 41 42 (1) The Minister shall, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 24 to 41. Report to Parliament (2) The Minister shall, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament. 2013, c. 12, s. 10
International Boundary Waters Treaty Act — I-17
Treaty relating to Boundary Waters and Questions arising along the Boundary between Canada and the United States, signed at Washington, January 11, 1909
International Boundary Waters Treaty Act — I-17
His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and the United States of America, being equally desirous to prevent disputes regarding the use of boundary waters and to settle all questions which are now pending between the United States and the Dominion of Canada involving the rights, obligations, or interests of either in relation to the other or to the inhabitants of the other, along their common frontier, and to make provision for the adjustment and settlement of all such questions as may hereafter arise, have resolved to conclude a treaty in furtherance of these ends, and for that purpose have appointed as their respective plenipotentiaries: His Britannic Majesty, the Right Honourable James Bryce, O.M., his Ambassador Extraordinary and Plenipotentiary at Washington; and The President of the United States of America, Elihu Root, Secretary of State of the United States;
International Boundary Waters Treaty Act — I-17
His Britannic Majesty, the Right Honourable James Bryce, O.M., his Ambassador Extraordinary and Plenipotentiary at Washington; and
International Boundary Waters Treaty Act — I-17
The President of the United States of America, Elihu Root, Secretary of State of the United States;
International Boundary Waters Treaty Act — I-17
Who, after having communicated to one another their full powers, found in good and due form, have agreed upon the following articles:
International Boundary Waters Treaty Act — I-17
For the purposes of this treaty boundary waters are defined as the waters from main shore to main shore of the lakes and rivers and connecting waterways, or the portions thereof, along which the international boundary between the United States and the Dominion of Canada passes, including all bays, arms, and inlets thereof, but not including tributary waters which in their natural channels would flow into such lakes, rivers, and waterways, or waters flowing from such lakes, rivers, and waterways, or the waters of rivers flowing across the boundary.
International Boundary Waters Treaty Act — I-17
The High Contracting Parties agree that the navigation of all navigable boundary waters shall forever continue free and open for the purposes of commerce to the inhabitants and to the ships, vessels, and boats of both countries equally, subject, however, to any laws and regulations of either country, within its own territory, not inconsistent with such privilege of free navigation and applying equally and without discrimination to the inhabitants, ships, vessels, and boats of both countries.
International Boundary Waters Treaty Act — I-17
It is further agreed that so long as this treaty shall remain in force, this same right of navigation shall extend to the waters of Lake Michigan and to all canals connecting boundary waters, and now existing or which may hereafter be constructed on either side of the line. Either of the High Contracting Parties may adopt rules and regulations governing the use of such canals within its own territory and may charge tolls for the use thereof, but all such rules and regulations and all tolls charged shall apply alike to the subjects or citizens of the High Contracting Parties and the ships, vessels, and boats of both of the High Contracting Parties, and they shall be placed on terms of equality in the use thereof.
International Boundary Waters Treaty Act — I-17
Each of the High Contracting Parties reserves to itself or to the several State Governments on the one side and the Dominion or Provincial Governments on the other as the case may be, subject to any treaty provisions now existing with respect thereto, the exclusive jurisdiction and control over the use and diversion, whether temporary or permanent, of all waters on its own side of the line which in their natural channels would flow across the boundary or into boundary waters; but it is agreed that any interference with or diversion from their natural channel of such waters on either side of the boundary, resulting in any injury on the other side of the boundary, shall give rise to the same rights and entitle the injured parties to the same legal remedies as if such injury took place in the country where such diversion or interference occurs; but this provision shall not apply to cases already existing or to cases expressly covered by special agreement between the parties hereto.
International Boundary Waters Treaty Act — I-17
It is understood, however, that neither of the High Contracting Parties intends by the foregoing provision to surrender any right, which it may have, to object to any interference with or diversions of waters on the other side of the boundary the effect of which would be productive of material injury to the navigation interests on its own side of the boundary.