GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Rouge National Urban Park Act — R-8.55 38
Sentencing principles 38 (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 must 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 resources in the Park; (b) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable resources in the Park; (c) the damage caused by the offence is extensive, persistent or irreparable; (d) the offender committed the offence intentionally or recklessly; (e) by committing the offence or failing to take action to prevent its commission, the offender increased their revenue or decreased their costs or intended to increase their revenue or decrease their costs; (f) the offender committed the offence despite having been warned by the superintendent, a park warden or an enforcement officer of the circumstances that subsequently became the subject of the offence; (g) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife protection or conservation or to the protection of natural, cultural, historical or archaeological resources; and (h) 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, it must give reasons for that decision.
Rouge National Urban Park Act — R-8.55 39
Relief from minimum fine 39 The court may impose a fine that is less than the minimum amount provided for in section 33 if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court must provide reasons if it imposes a fine that is less than the minimum amount provided for in that section.
Rouge National Urban Park Act — R-8.55 40
Additional fine 40 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 must order the person to pay an additional fine in an amount of money 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.
Rouge National Urban Park Act — R-8.55 41
Notice to shareholders 41 If a corporation that has shareholders is convicted of an offence under this Act, the court must 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.
Rouge National Urban Park Act — R-8.55 42
Liability of directors, officers, etc., of corporations 42 (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. Duties of directors and officers of corporations (2) Every director and officer of a corporation must take all reasonable care to ensure that the corporation complies with (a) this Act; and (b) orders made by a court or the superintendent under this Act.
Rouge National Urban Park Act — R-8.55 43
Forfeiture 43 (1) If a person is convicted of an offence, the court may, in addition to any punishment imposed, order that any seized thing, 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 must be returned or paid to its owner or the person lawfully entitled to it. Retention or sale (3) If 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.
Rouge National Urban Park Act — R-8.55 44
Disposition by Minister 44 Any seized thing that has been forfeited under this Act to Her Majesty in right of Canada or abandoned by its owner may be dealt with and disposed of as the Minister may direct.
Rouge National Urban Park Act — R-8.55 45
Application of fines 45 (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 Park 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 organization specified by the court for a purpose referred to in subsection (1).
Rouge National Urban Park Act — R-8.55 46
 amount of money to an educational institution, including for scholarships for students enrolled in studies related to the environment; and (s) requiring the person to comply with any other conditions that the court considers appropriate. Suspended sentence (2) If a person is convicted of an offence under this Act and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code , the court may, in addition to any probation order made under that paragraph, make an order referred to in subsection (1). Imposition of sentence (3) If a person does not comply with an order made under subsection (2) or is convicted of another offence, the court may, within three years after the order was made, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended. Publication (4) If a person fails to comply with an order made under paragraph (1)(j), 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 (5) If the court makes an order under paragraph (1)(c) or (i) directing a person to pay an amount of money to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (4), 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 (6) If the court makes an order under paragraph (1)(c) directing a person to pay an amount of money to any person other than Her Majesty in right of Canada and the amount is not paid without delay, 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 permits, etc. (7) If the court makes an order under paragraph (1)(o), any permit, licence or other authorization 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 (8) 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 must not continue in force for more than three years after that day unless the court provides otherwise in the order.
Rouge National Urban Park Act — R-8.55 47
Compensation for loss of property 47 (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 of money 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.
Rouge National Urban Park Act — R-8.55 48
Compensation for cost of remedial or preventive action 48 (1) A court must not, under paragraph 46 (1)(c), order a person convicted of an offence to compensate another person for the cost of any remedial or preventive action referred to in that paragraph if the other person is entitled to make a claim for compensation for that cost under the Marine Liability Act . Compensation for loss or damage — property (2) A court must not, under subsection 47 (1), order a person convicted of an offence to pay to another person an amount of money by way of satisfaction or compensation for loss of or damage to property if the other person is entitled to make a claim for compensation for that loss or damage under the Marine Liability Act .
Rouge National Urban Park Act — R-8.55 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.
Rouge National Urban Park Act — R-8.55 50
Contraventions Act 50 If an offence under this Act is designated as a contravention under the Contraventions Act , subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention.
Rouge National Urban Park Act — R-8.55 51
Publication of information about contraventions 51 (1) For the purpose of encouraging compliance with this Act, the Minister must publish, 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.
Rouge National Urban Park Act — R-8.55 52
Review 52 (1) The Minister must, 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 51 . Report to Parliament (2) The Minister must, 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.
Rouge National Urban Park Act — R-8.55 53
Statutory Instruments Act 53 The Statutory Instruments Act does not apply to a permit, licence or other authorization issued under this Act.
Rouge National Urban Park Act — R-8.55 54
Aboriginal resource harvesting 54 If an area of the Park is subject to a claim in respect of Aboriginal rights that has been accepted for negotiation by the Government of Canada, nothing in this Act precludes the carrying on of traditional renewable resource harvesting activities in that area by the Aboriginal people who have made that claim.
Rouge National Urban Park Act — R-8.55 Order in council
Order in council * 62 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force May 15, 2015, see SI/2015-37.]
Rouge National Urban Park Act — R-8.55 1
, being part of Lots 6 and 7, Concession 9, part of Lots 6, 7, 8, 9 and 10, Concession 10, and part of Lots 6, 7, 8 and 9, Concession 11, containing 286.3 ha, or 2.863 km 2 , more or less; Twelfth; Parcels 1, 2, 3, 4, 5 and 6 on Plan 107547 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 2, 3, 4 and 5, Concessions 9, 10 and 11, and part of Lot 1, Concession 11, containing 550.67 ha, or 5.5067 km 2 , more or less; Thirteenth; Parcel 1 on Plan 107546 recorded in the Canada Lands Survey Records at Ottawa, being part of Lot 1, Concession 10, containing 2.3 ha, or 0.023 km 2 , more or less; Fourteenth; Parcel 1 on Plan 107542 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 17, 18 and 19, Concession 9, SAVE AND EXCEPT Parts 1 and 2 on Plan 65R-18823 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 102414, and Part 2 on Plan 65R-25839 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 102417, containing 40.2 ha, or 0.402 km 2 , more or less; Fifteenth; Parcels 1, 2 and 3 on Plan 112535 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 13, 14 and 15, Concession 10, containing 84.0 ha, or 0.840 km 2 , more or less; Sixteenth; Parcels 1 and 2 on Plan 112536 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 8, 9 and 10, Concession 10, containing 29.8 ha, or 0.298 km 2 , more or less.
Rouge National Urban Park Act — R-8.55
First; Parcel 1 on Plan 102393 recorded in the Canada Lands Survey Records at Ottawa, being part of the West half of Lot 31, Concession 9, containing 17.07 ha, or 0.1707 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Parcel 1 on Plan 102393 recorded in the Canada Lands Survey Records at Ottawa, being part of the West half of Lot 31, Concession 9,
Rouge National Urban Park Act — R-8.55
containing 17.07 ha, or 0.1707 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Second; Parcel 1 on Plan 102394 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 26, 27, 28 and 29, Concession 8, containing 25.56 ha, or 0.2556 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Parcel 1 on Plan 102394 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 26, 27, 28 and 29, Concession 8,
Rouge National Urban Park Act — R-8.55
containing 25.56 ha, or 0.2556 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Third; Parcel 1 on Plan 102395 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 18, 19 and 20, Concession 9, containing 163.30 ha, or 1.6330 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Parcel 1 on Plan 102395 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 18, 19 and 20, Concession 9,
Rouge National Urban Park Act — R-8.55
containing 163.30 ha, or 1.6330 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Fourth; Parcels 1, 2, 3 and 4 on Plan 105195 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 26, 27, 28, 29 and part of the East 3/4 of Lot 30, Concession 8, and part of Lots 26, 27, 28, 29 and 30, Concession 9, and all of Lots 26, 27, 28, 29 and 30, Concession 10, containing 773.68 ha, or 7.7368 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Parcels 1, 2, 3 and 4 on Plan 105195 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 26, 27, 28, 29 and part of the East 3/4 of Lot 30, Concession 8, and part of Lots 26, 27, 28, 29 and 30, Concession 9, and all of Lots 26, 27, 28, 29 and 30, Concession 10,
Rouge National Urban Park Act — R-8.55
containing 773.68 ha, or 7.7368 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Fifth; Parcels 1 and 2 on Plan 105196 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 21, 22, 23, 24 and 25, Concession 9, and all of Lots 21, 22 and 23 and all of South Half of Lot 24, all of North Half of Lot 24, all of West Half of Lot 25 and all of East Part of Lot 25, Concession 10, containing 678 ha, or 6.78 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Parcels 1 and 2 on Plan 105196 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 21, 22, 23, 24 and 25, Concession 9, and all of Lots 21, 22 and 23 and all of South Half of Lot 24, all of North Half of Lot 24, all of West Half of Lot 25 and all of East Part of Lot 25, Concession 10,
Rouge National Urban Park Act — R-8.55
containing 678 ha, or 6.78 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Sixth; Parcel 1 on Plan 105197 recorded in the Canada Lands Survey Records at Ottawa, being part of Lot 17 and all of Lots 18, 19 and 20, Concession 10, containing 217 ha, or 2.17 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Parcel 1 on Plan 105197 recorded in the Canada Lands Survey Records at Ottawa, being part of Lot 17 and all of Lots 18, 19 and 20, Concession 10,
Rouge National Urban Park Act — R-8.55
containing 217 ha, or 2.17 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Seventh; Parcel 1 on Plan 107544 recorded in the Canada Lands Survey Records at Ottawa, being part of Lot 17, Concession 10, SAVE AND EXCEPT that part of Part 2 — on Plan 65R-24101 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 112718 — beyond the limits of Part 1, on Plan 65R- 25724 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 112717, Parts 3, 4, 5, 6 and 7 on Plan 65R-24101 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 112718, and Part 4 on Plan 65R-32854 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 112716, and Parcel 2 on Plan 107544 recorded in the Canada Lands Survey Records at Ottawa, being part of Lot 16, Concession 10, containing 98.8 ha, or 0.988 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Parcel 1 on Plan 107544 recorded in the Canada Lands Survey Records at Ottawa, being part of Lot 17, Concession 10,
Rouge National Urban Park Act — R-8.55
SAVE AND EXCEPT that part of Part 2 — on Plan 65R-24101 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 112718 — beyond the limits of Part 1, on Plan 65R- 25724 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 112717, Parts 3, 4, 5, 6 and 7 on Plan 65R-24101 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 112718, and Part 4 on Plan 65R-32854 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 112716, and
Rouge National Urban Park Act — R-8.55
that part of Part 2 — on Plan 65R-24101 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 112718 — beyond the limits of Part 1, on Plan 65R- 25724 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 112717,
Rouge National Urban Park Act — R-8.55
Parts 3, 4, 5, 6 and 7 on Plan 65R-24101 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 112718, and
Rouge National Urban Park Act — R-8.55
Part 4 on Plan 65R-32854 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 112716, and
Rouge National Urban Park Act — R-8.55
Parcel 2 on Plan 107544 recorded in the Canada Lands Survey Records at Ottawa, being part of Lot 16, Concession 10,
Rouge National Urban Park Act — R-8.55
containing 98.8 ha, or 0.988 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Eighth; Parcels 1, 3 and 4 on Plan 107552 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 14 and 15, Concession 9, and part of Lots 13, 14 and 15, Concession 10, containing 108.2 ha, or 1.082 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Parcels 1, 3 and 4 on Plan 107552 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 14 and 15, Concession 9, and part of Lots 13, 14 and 15, Concession 10,
Rouge National Urban Park Act — R-8.55
containing 108.2 ha, or 1.082 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Ninth; Parcel 1 on Plan 107553 recorded in the Canada Lands Survey Records at Ottawa, being part of Lot 10 and part of the road allowance between Lots 10 and 11, Concession 10, SAVE AND EXCEPT Parts 2 and 3 on Plan 65R-24358 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 112720, and Parcels 2 and 3 on Plan 107553 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 11, 12 and 13, Concession 10, containing 130 ha, or 1.3 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Parcel 1 on Plan 107553 recorded in the Canada Lands Survey Records at Ottawa, being part of Lot 10 and part of the road allowance between Lots 10 and 11, Concession 10,
Rouge National Urban Park Act — R-8.55
SAVE AND EXCEPT Parts 2 and 3 on Plan 65R-24358 deposited in the Land Registry Office at York Region, a copy of which is recorded in the Canada Lands Surveys Records at Ottawa as Plan 112720, and Parcels 2 and 3 on Plan 107553 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 11, 12 and 13, Concession 10,
Rouge National Urban Park Act — R-8.55
Parcels 2 and 3 on Plan 107553 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 11, 12 and 13, Concession 10,
Rouge National Urban Park Act — R-8.55
containing 130 ha, or 1.3 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Tenth; Parcels 2, 3 and 4 on Plan 107554 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 8, 9 and 10, Concession 10, containing 49.33 ha, or 0.4933 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Parcels 2, 3 and 4 on Plan 107554 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 8, 9 and 10, Concession 10,
Rouge National Urban Park Act — R-8.55
containing 49.33 ha, or 0.4933 km 2 , more or less;
Rouge National Urban Park Act — R-8.55
Eleventh; Parcels 1, 2, 3, 4 and 5 on Plan 107548 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 6 and 7, Concession 9, part of Lots 6, 7, 8, 9 and 10, Concession 10, and part of Lots 6, 7, 8 and 9, Concession 11, containing 286.3 ha, or 2.863 km 2 , more or less;