GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
International River Improvements Act — I-20 25
Intervention by enforcement officer 25 (1) If a person to whom an order is directed fails to take any measures specified in it, an enforcement officer may take the measures or cause them to be taken. Access to property (2) An enforcement officer or other person authorized or required by an enforcement officer to take measures under subsection (1) may enter and have access to any place or property and may do any reasonable thing that may be necessary in the circumstances. Personal liability (3) Any person, other than a person referred to in subsection 21 (1), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized or required by an enforcement officer under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith. 2009, c. 14, s. 93
International River Improvements Act — I-20 26
Recovery of reasonable costs and expenses by Her Majesty 26 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to any measures taken under subsection 25 (1) from any person who caused or contributed to the alleged contravention, to the extent of the person’s negligence in causing or contributing to the alleged contravention. Costs must have been reasonably incurred (2) The costs and expenses may only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances. Procedure (3) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken in the name of Her Majesty in right of Canada in any court of competent jurisdiction. Recourse or indemnity (4) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person. Limitation period (5) If events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted more than five years after the day on which the events occur or become evident to the Minister, whichever is later. Minister’s certificate (6) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document is to be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof. 2009, c. 14, s. 93
International River Improvements Act — I-20 27
Request for review 27 (1) Any person to whom an order is directed may, by notice in writing given to the Environmental Protection Tribunal of Canada within 30 days after the day on which the person receives a copy of the written order or after the oral order is given, make a request to the Environmental Protection Tribunal of Canada for a review of the order. Extension of period for request (2) The Chairperson of the Environmental Protection Tribunal of Canada, or any member of the Tribunal that they may designate, may extend the period within which a request for a review may be made if, in their opinion, it is in the public interest to do so. 2009, c. 14, s. 93 2026, c. 3, s. 524 2026, c. 3, s. 548
International River Improvements Act — I-20 28
Variation or cancellation of order 28 (1) At any time before the Environmental Protection Tribunal of Canada receives a notice requesting a review of an order, the enforcement officer may, after giving reasonable notice, (a) amend or suspend a term or condition of the order, or add a term or condition to, or delete a term or condition from, the order; (b) cancel the order; (c) correct a clerical error in the order; or (d) extend the duration of the order for a period of not more than 180 days less the number of days that have passed after the day on which the order was received by the person who is subject to it. Notice of intent (2) Except in exigent circumstances, an enforcement officer shall, whenever practicable, before exercising a power under paragraph (1)(a) or (d), (a) provide every person who will be subject to the order with an oral or written notice of the officer’s intention to exercise the power; and (b) allow a reasonable opportunity in the circumstances for the person to make oral representations. Contents of notice of intent (3) The notice of intent to exercise a power under paragraph (1)(a) must include (a) a statement of the purpose of the notice; (b) a reference to the statutory authority under which the power is to be exercised; and (c) a statement that the party notified may make oral representations to the enforcement officer within the period stated in the notice. 2009, c. 14, s. 93 2026, c. 3, s. 525
International River Improvements Act — I-20 29
Regulations 29 The Minister may make regulations (a) prescribing the form of reporting to enforcement officers under subparagraph 21 (2)(f)(ii) and specifying the information required to be contained in or to accompany the report; and (b) of either particular or general application, respecting representations made to enforcement officers under paragraph 23 (1)(b) or 28 (2)(b). 2009, c. 14, s. 93
International River Improvements Act — I-20 30
Review 30 Sections 257 to 271 of the Canadian Environmental Protection Act, 1999 apply, with any modifications that the circumstances require, to a review requested of any order. 2009, c. 14, s. 93
International River Improvements Act — I-20 31
Obstruction 31 No person shall obstruct an enforcement officer or analyst or hinder any of them in carrying out their functions under this Act. 2009, c. 14, s. 93
International River Improvements Act — I-20 32
Knowingly providing false or misleading information, etc. 32 (1) No person shall, 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) No person shall, 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. 2009, c. 14, s. 93
International River Improvements Act — I-20 33
Offence 33 (1) Every person commits an offence who contravenes (a) section 4, subsection 24 (1), section 31 or subsection 32 (1); (b) any provision of the regulations designated by regulations made under paragraph 3(f); or (c) 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 and 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 37 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. 2009, c. 14, s. 93
International River Improvements Act — I-20 34
Offence 34 (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 33 (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 37 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. 2009, c. 14, s. 93
International River Improvements Act — I-20 35
Continuing offences 35 If a contravention of a provision of this Act or of the regulations is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued. 2009, c. 14, s. 93
International River Improvements Act — I-20 36
Deeming — second and subsequent offence 36 (1) For the purposes of sections 33 and 34 , 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 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. 93
International River Improvements Act — I-20 37
Determination of small revenue corporation status 37 For the purpose of sections 33 and 34 , 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. 93
International River Improvements Act — I-20 38
Relief from minimum fine 38 The court may impose a fine that is less than the minimum amount provided for in any of subsections 33 (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 that subsection. 2009, c. 14, s. 93
International River Improvements Act — I-20 39
Additional fine 39 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. 2009, c. 14, s. 93
International River Improvements Act — I-20 40
Notice to shareholders 40 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. 2009, c. 14, s. 93
International River Improvements Act — I-20 41
Liability of directors, officers, etc., of corporation 41 (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. Directors’ and officers’ duties (2) 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; and (b) any orders and directions of, and prohibitions and requirements imposed by, any court, the Minister, enforcement officers and analysts. 2009, c. 14, s. 93
International River Improvements Act — I-20 42
Fundamental purpose of sentencing 42 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 any other person from committing offences under this Act; (b) to denounce unlawful conduct that harms water resources; and (c) to restore the environment harmed by the offence. 2009, c. 14, s. 93
International River Improvements Act — I-20 43
Sentencing principles 43 (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) 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 by an enforcement officer 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 that factor, the court shall give reasons for that decision. 2009, c. 14, s. 93
International River Improvements Act — I-20 44
Application of fines 44 (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 protecting, conserving or restoring the environment 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). 2009, c. 14, s. 93
International River Improvements Act — I-20 45
lated to the environment; and (r) requiring the person to comply with any other conditions that the court considers appropriate for securing the offender’s good conduct and for deterring the person and any other person from committing offences under this Act. Publication (2) If a person fails to comply with an order made under paragraph (1)(h), the Minister may, in the manner that the court directed the person to do so, publish the facts relating to the commission of the offence and the details of the punishment imposed and recover the costs of publication from the person. Debt due to Her Majesty (3) If the court makes an order under paragraph (1)(g) or (k) directing a person to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (2), the amount or the 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)(k) directing a person to pay an amount to another person, other than to 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 the offender in that court in civil proceedings. Cancellation or suspension of licences (5) If the court makes an order under paragraph (1)(m), 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 shall not continue in force for more than three years after that day unless the court provides otherwise in the order. 2009, c. 14, s. 93
International River Improvements Act — I-20 46
Forfeiture 46 (1) If a person is convicted of an offence under this Act, the 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 if no forfeiture ordered (2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition shall be returned or paid to its lawful owner or the person lawfully entitled to it. 2009, c. 14, s. 93
International River Improvements Act — I-20 47
Retention or sale 47 If a fine is imposed on a person who is 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. 2009, c. 14, s. 93
International River Improvements Act — I-20 48
Compensation for loss of property 48 (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 under subsection (1) 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. 2009, c. 14, s. 93
International River Improvements Act — I-20 49
Limitation period 49 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. 2009, c. 14, s. 93
International River Improvements Act — I-20 50
Publication of information about contraventions 50 (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. 2009, c. 14, s. 93
International River Improvements Act — I-20 51
Report — operations under the Act 51 As soon as practicable after the 31st day of December of each year, the Minister shall prepare and cause a report of the operations under this Act for that year to be tabled in each House of Parliament. 2009, c. 14, s. 93
International River Improvements Act — I-20 52
Review — sections 33 to 50 52 (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 33 to 50 . 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. 2009, c. 14, s. 93
Invest in Canada Act — I-21.5 1
Short title 1 This Act may be cited as the Invest in Canada Act .
Invest in Canada Act — I-21.5 2
Definitions 2 The following definitions apply in this Act. Invest in Canada Hub means the corporation established under subsection 4(1). ( Investir au Canada ) Minister means the member of the Queen’s Privy Council for Canada designated under section 3. ( ministre )