GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Navigable Waters Act — N-22 27.1
Agreement — cost recovery 27.1 (1) The Minister may enter into an agreement with any person or organization respecting any matter for which a regulation made under paragraph 28(1)(b) could prescribe a fee. Regulations — exemption (2) If both an agreement entered into under subsection (1) and a regulation made under paragraph 28(1)(b) relate to the same matter, the regulation does not apply to the person or organization that has entered into the agreement in respect of the matter for which payment is required under the agreement. Recovery (3) When the Minister enters into an undertaking with respect to a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act. Debt due to Her Majesty (4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada. Spending (5) The Minister may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year. 2017, c. 20, s. 314
Canadian Navigable Waters Act — N-22 27.2
Establishment 27.2 (1) The Minister must establish and maintain a registry in which information that he or she specifies is deposited. Access (2) The Minister must make the registry accessible to the public through the Internet and by any other means that he or she considers appropriate. Types of documents in registry (3) The registry must contain only records or parts of a record (a) that are publicly available; or (b) that the Minister determines would be disclosed to the public in accordance with the Access to Information Act if a request were made in respect of that record under that Act, including any record that would be disclosed in the public interest under subsection 20(6) of that Act. Protection from civil proceeding or prosecution (4) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister, or any person acting on behalf of, or under the direction of, him or her or against the Crown, for the disclosure in good faith of any record or any part of a record under this Act or for any consequences that flow from that disclosure. 2019, c. 28, s. 60
Canadian Navigable Waters Act — N-22 29
Addition to schedule 29 (1) The Minister may, by order, amend the schedule by adding to it a reference to a navigable water after considering the following factors: (a) whether the navigable water is on a nautical chart issued officially by or on the authority of the Canadian Hydrographic Service; (b) the physical characteristics of the navigable water; (c) whether the navigable water connects to other navigable waters and, if so, how it connects to them; (d) the safety of navigation in the navigable water; (e) the past, current or anticipated navigation in the navigable water; (f) whether there are Indigenous peoples of Canada who navigate, have navigated or will likely navigate the navigable water in order to exercise rights recognized and affirmed by section 35 of the Constitution Act, 1982 ; and (g) the cumulative impact of works on navigation in the navigable water. Request — addition (2) Any person may request that the Minister add a reference to a navigable water to the schedule by submitting an application in the form and manner, and containing the information, specified by the Minister. Other amendment of schedule (3) The Minister may, by order, amend the schedule by amending a reference to a navigable water and the Governor in Council may, by regulation, amend the schedule by deleting a reference to a navigable water. R.S., 1985, c. N-22, s. 29; 2009, c. 2, s. 337; 2012, c. 31, s. 321 2019, c. 28, s. 62
Canadian Navigable Waters Act — N-22 30
Incorporation by reference 30 (1) A regulation or order made under this Act may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time. Accessibility (2) The Minister shall ensure that any document that is incorporated by reference in the regulation or order is accessible. Defence (3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation or order is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person. No registration or publication (4) For greater certainty, a document that is incorporated by reference in the regulation or order is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. R.S., 1985, c. N-22, s. 30; 2009, c. 2, s. 338; 2012, c. 31, s. 321
Canadian Navigable Waters Act — N-22 32
Interim orders 32 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to safety or security. Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. Exemption from Statutory Instruments Act (4) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act ; and (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting. 2004, c. 15, s. 96; 2012, c. 31, s. 322
Canadian Navigable Waters Act — N-22 33
Designation 33 The Minister may designate persons or classes of persons for the purposes of the administration and enforcement of this Act. 2009, c. 2, s. 340; 2012, c. 31, s. 323
Canadian Navigable Waters Act — N-22 34
Authority to enter 34 (1) Subject to subsection 36(1), a designated person may, for a purpose related to verifying compliance with this Act, enter a place, including an obstruction, work or vessel, in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or an item to which this Act applies, or any information relating to such an activity or item, is located. Certification (2) On entering a place, the designated person shall, on request, produce to the person in charge of the place a certification in the form established by the Minister attesting to the designation. Powers (3) The designated person may, for the purposes referred to in subsection (1), (a) examine the place and anything in the place; (b) remove any document or other thing from the place for examination or, in the case of a document, copying; (c) direct any person to put into operation or cease operating any work, vessel or other conveyance, machinery or equipment in the place; (d) prohibit or limit access to the place for as long as specified; (e) take photographs and make video recordings and sketches; (f) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system; (g) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; (h) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents; and (i) order any person in the place to establish their identity to the designated person’s satisfaction. Persons accompanying designated person (3.1) The designated person may be accompanied by any person that they consider necessary to help them exercise their powers or perform their duties or functions under this section. Entry — private property (4) The designated person, in carrying out their functions under this section, and a person accompanying them may enter on and pass through or over private property without being liable for doing so. 2009, c. 2, s. 340; 2012, c. 31, s. 324 2019, c. 28, s. 63
Canadian Navigable Waters Act — N-22 35
Duty to assist 35 The owner or person who is in charge of a place that is entered under subsection 34(1) and every person who is in the place shall (a) give a designated person who is carrying out their functions under section 34 all reasonable assistance; and (b) provide them with any information that they may reasonably require. 2009, c. 2, s. 340; 2012, c. 31, s. 325(F)
Canadian Navigable Waters Act — N-22 36
Warrant for dwelling-house 36 (1) If any place referred to in subsection 34(1) is a dwelling-house, the designated person may not enter it without the consent of the occupant except under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing the person who is named in it to enter a dwelling-house, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 34(1); (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Act; and (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that entry will be refused or consent to entry cannot be obtained from the occupant. Use of force (3) In executing a warrant to enter a dwelling-house, a designated person may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer. 2009, c. 2, s. 340; 2012, c. 31, s. 326 2019, c. 28, s. 64
Canadian Navigable Waters Act — N-22 36.1
Production of documents or information 36.1 A designated person may, for a purpose related to verifying compliance with this Act, order a person to provide, on the date, at the time and place and in the manner specified by the designated person, any document or information specified by the designated person. 2019, c. 28, s. 65
Canadian Navigable Waters Act — N-22 36.2
Seizure 36.2 (1) The designated person may seize and detain anything that he or she has reasonable grounds to believe was used in the contravention of any provision of this Act or the regulations or is related to such a contravention. Custody of things seized (2) If a designated person seizes a thing under subsection (1), sections 489.1 and 490 of the Criminal Code apply and the designated person, or any person that he or she may designate, must retain custody of the thing, subject to any order made under section 490 of the Criminal Code . 2019, c. 28, s. 65
Canadian Navigable Waters Act — N-22 36.3
Return of anything removed 36.3 (1) Anything removed under paragraph 34(3)‍(b) must be returned as soon as feasible after it is no longer required for the purpose for which it was taken unless (a) the thing, in the designated person’s opinion, is no longer useful; or (b) the owner is unknown or cannot be located. Thing not returned (2) A designated person may dispose of anything that is not returned under subsection (1), in the manner that they consider appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General. 2019, c. 28, s. 65
Canadian Navigable Waters Act — N-22 37
False statements or information 37 (1) No person shall knowingly, orally or in writing, make a false or misleading statement or provide false or misleading information, in connection with any matter under this Act, to a designated person who is carrying out their functions under section 34. Obstruction (2) No person shall knowingly obstruct or hinder a designated person who is carrying out their functions under section 34. 2009, c. 2, s. 340
Canadian Navigable Waters Act — N-22 38
Injunction 38 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence or a violation under this Act, the court may issue an injunction ordering a person named in the application (a) to refrain from doing an act that, in the opinion of the court, may constitute or be directed toward the commission of the offence or the violation; or (b) to do an act that, in the opinion of the court, may prevent the commission of the offence or the violation. Notice (2) No injunction may be issued under subsection (1) unless 48 hours’ notice is served on the party or parties named in the application or the urgency of the situation is such that service would not be in the public interest. 2009, c. 2, s. 340; 2012, c. 31, s. 327
Canadian Navigable Waters Act — N-22 39
Not personally liable 39 (1) Servants of the Crown , as those terms are defined in section 2 of the Crown Liability and Proceedings Act , and persons accompanying a designated person under subsection 34(3.1) are not personally liable for anything they do or omit to do in good faith under this Act. Crown not relieved (2) Subsection (1) does not, by reason of section 10 of the Crown Liability and Proceedings Act , relieve the Crown of liability for a tort or extracontractual civil liability to which the Crown would otherwise be subject. 2009, c. 2, s. 340 2019, c. 28, s. 66
Canadian Navigable Waters Act — N-22 39.1
Commission of violation 39.1 (1) Every person who contravenes a provision designated under paragraph 28(1)(i) commits a violation and is liable to a penalty established in accordance with the regulations. Purpose of penalty (2) The purpose of a penalty is to promote compliance with this Act and not to punish. Maximum penalty (3) The maximum penalty for a violation is $50,000, in the case of an individual, and $250,000 in any other case. 2012, c. 31, s. 328 2019, c. 28, s. 67
Canadian Navigable Waters Act — N-22 39.11
Notice of violation 39.11 (1) A designated person may issue a notice of violation and cause it to be provided to a person if the designated person has reasonable grounds to believe that the person has committed a violation. Contents of notice (2) The notice of violation shall (a) name the person believed to have committed the violation; (b) identify the acts or omissions that constitute the alleged violation; (c) set out the penalty for the violation that the person is liable to pay; (d) set out the particulars concerning the time and manner of payment; and (e) set out a lesser amount that may be paid as complete satisfaction of the penalty if it is paid within the prescribed time and in the prescribed manner that are specified in the notice. Summary of rights (3) A notice of violation shall summarize, in plain language, the rights and obligations under this section and sections 39.12 to 39.23 of the person to whom it is provided, including the right to request a review of the acts or omissions that constitute the alleged violation or of the amount of the penalty and the procedure for requesting the review. Short-form descriptions (4) The Minister may establish a short-form description of each violation to be used in notices of violation. 2012, c. 31, s. 328
Canadian Navigable Waters Act — N-22 39.12
Effect of payment 39.12 (1) If the person who is named in a notice of violation pays, within the prescribed time and in the prescribed manner that are specified in the notice, the amount of the penalty — or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty — set out in the notice, (a) the person is deemed to have committed the violation to which the amount paid relates; (b) the Minister shall accept the amount paid as complete satisfaction of the penalty; and (c) the proceedings commenced in respect of the violation under section 39.11 are ended. Alternatives to payment (2) Instead of paying the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, the person who is named in the notice may, within the prescribed time and in the prescribed manner that are specified in the notice, request a review by the Tribunal of the acts or omissions that constitute the alleged violation or of the amount of the penalty, as the case may be. Deeming (3) If the person who is named in the notice does not pay the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, within the prescribed time and in the prescribed manner and does not exercise the right referred to in subsection (2) within the prescribed time and in the prescribed manner, the person is deemed to have committed the violation identified in the notice. 2012, c. 31, s. 328
Canadian Navigable Waters Act — N-22 39.13
Review — violation 39.13 (1) After completing a review requested under subsection 39.12(2) with respect to the acts or omissions that constitute the alleged violation identified in the notice of violation, the Tribunal shall determine whether the person who is named in the notice committed the violation and, if the Tribunal determines that the person did so but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Tribunal shall correct that amount and cause the person to be provided with a notice of the Tribunal’s decision. Review — penalty (2) After completing a review requested under subsection 39.12(2) with respect to the amount of the penalty set out in the notice of violation, the Tribunal shall determine whether the amount of the penalty was established in accordance with the regulations and, if the Tribunal determines that it was not, the Tribunal shall correct that amount and cause the person to be provided with a notice of the Tribunal’s decision. Payment (3) The person who is provided with a notice of the Tribunal’s decision is liable to pay the amount of the penalty that is set out in it within the prescribed time and in the prescribed manner that are specified in the notice. Effect of payment (4) If the person pays the amount of the penalty that is set out in the notice of the Tribunal’s decision within the prescribed time and in the prescribed manner that are specified in the notice, (a) the Tribunal shall accept the amount as complete satisfaction of the penalty; and (b) the proceedings commenced in respect of the violation under section 39.11 are ended. 2012, c. 31, s. 328
Canadian Navigable Waters Act — N-22 39.131
Right of appeal 39.131 (1) Within 30 days after a decision is made under subsection 39.13(1) or (2), the Minister or the person to whom it applies may appeal from the decision to the Tribunal. Loss of right of appeal (2) A party that does not appear at a review hearing is not entitled to appeal a decision, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (3) The appeal panel of the Tribunal assigned to hear an appeal may dispose of the appeal by dismissing it or by allowing it and, in allowing the appeal, the panel may substitute its own decision for the decision under appeal. Notice (4) If the appeal panel finds that a person has committed a violation, the panel must without delay inform the person and the Minister of its decision and of the amount determined by the panel to be payable to the Tribunal by or on behalf of the person in respect of the violation and the time within which it must be paid. 2019, c. 28, s. 68
Canadian Navigable Waters Act — N-22 39.14
Debts to Her Majesty 39.14 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court: (a) the amount of a penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless a request is made to have the Tribunal review the acts or omissions that constitute the violation or the amount of the penalty, as the case may be; (b) the amount of a penalty set out in the notice of the Tribunal’s decision made under subsection 39.13(1) or (2) or 39.131(4), beginning on the day specified in the decision; and (c) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in paragraph (a) or (b). Limitation period or prescription (2) Proceedings to recover such a debt may be commenced no later than five years after the debt becomes payable. Debt final (3) The debt is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 39.12, 39.13 and 39.131. 2012, c. 31, s. 328 2019, c. 28, s. 69
Canadian Navigable Waters Act — N-22 39.15
Certificate of default 39.15 (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 39.14(1). Effect of registration (2) Registration of the certificate in the Federal Court has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs. 2012, c. 31, s. 328
Canadian Navigable Waters Act — N-22 39.16
Violations not offences 39.16 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply. 2012, c. 31, s. 328
Canadian Navigable Waters Act — N-22 39.17
Due diligence defence 39.17 (1) A person shall not be found to be liable for a violation if they establish that they exercised due diligence to prevent the commission of the violation. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act. 2012, c. 31, s. 328
Canadian Navigable Waters Act — N-22 39.18
Burden of proof 39.18 (1) The Minister has the burden of establishing that a person who is named in a notice of violation has committed the violation. Person not compelled to testify (2) A person who is named in a notice of violation is not required to give evidence in any proceedings before the Tribunal. 2012, c. 31, s. 328 2019, c. 28, s. 70
Canadian Navigable Waters Act — N-22 39.19
Offences by corporate officers, etc. 39.19 If a person other than an individual commits a violation under this Act, any of the person’s officers, directors and agents or mandataries who directed, authorized, assented to or acquiesced or participated in the commission of the violation is a party to and liable for the violation, whether or not the person who actually committed it is proceeded against in accordance with this Act. 2012, c. 31, s. 328