28 (1) A person is guilty of an offence if the person, (a) constructs a dam in any lake or river, in circumstances set out in the regulations, without the location or plans and specifications of the dam having been approved in writing by the Minister; (a.1) constructs a dam in any lake or river, in circumstances set out in the regulations, that does not conform with the plans and specifications approved under section 14; (a.2) fails to comply with the conditions of an approval given by the Minister under section 14 or 17.2; (b) alters, improves or repairs any part of a dam, in the circumstances prescribed by the regulations, without the plans and specifications for whatever is to be done having been approved by the Minister; (b.1) alters, improves or repairs any part of a dam, in the circumstances prescribed by the regulations, in a way that does not conform with the plans and specifications approved under section 16; (b.2) fails to comply with the conditions of an approval given by the Minister under section 16; (c) obstructs, interferes with or otherwise hinders an engineer, an inspector or an officer or agent of the Minister in the exercise of a power or performance of a duty under this Act or the regulations; or (d) contravenes any provision of this Act or a regulation for the contravention of which no other penalty is provided.  2002, c. 1, Sched. C, s. 3 (5); 2006, c. 19, Sched. P, s. 2 (3). Same (2) A person is guilty of an offence if the person, (a) fails to comply with an order under section 17, 17.1, 18, 22, 23, 23.1, 36 or 38; (b) fails to comply with a plan that has been approved or amended by the Minister under section 23.1; (c) fails to maintain or operate a dam in accordance with the regulations; or (d) when required to provide any of the following by the Minister, by an engineer or inspector or by an officer or agent of the Minister, fails to provide any plans and specifications, books, accounts, documents, data or other information relating to a dam or other structure or work in a lake or river, its design, construction, condition, maintenance or operation or any information relating to plans and specifications or other documents required under this Act.  2002, c. 1, Sched. C, s. 3 (5); 2012, c. 8, Sched. 26, s. 3. Penalty for offence under subs. (1) (2.1) Every person who is guilty of an offence under subsection (1) is liable, on conviction, (a) to a fine of not more than $1 million; (b) to imprisonment for a term of not more than six months; or (c) to both a fine described in clause (a) and imprisonment described in clause (b).  2002, c. 1, Sched. C, s. 3 (5). Penalty for offence under subs. (2) (2.2) Every person who is guilty of an offence under subsection (2) is liable, on conviction, (a) to a fine of not more than $1 million for the day during which the offence first occurs and to an additional fine of not more than $20,000 for each day during which the offence continues; (b) to imprisonment for a term of not more than six months; or (c) to both a fine described in clause (a) and imprisonment described in clause (b).  2002, c. 1, Sched. C, s. 3 (5). Increasing fine by amount of monetary benefit (2.3) Despite the maximum fine provided in subsection (2.1) or (2.2), the court that convicts a person of an offence under clause (1) (a) or (b) or (2) (a), (b) or (c) may, in addition to any other penalty imposed or order made under this section, increase the fine imposed on the person for the commission of the offence by an amount equal to the monetary benefit that was acquired by, or that accrued to, the person as a result of the commission of the offence.  2002, c. 1, Sched. C, s. 3 (5). Order to repair damage (2.4) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under clause (2) (b) or (c) may, in addition to any other penalty imposed under this section, order the person to take such action as the court directs to repair or rehabilitate the damage that results from or is in any way connected to the commission of the offence, within the time specified in the order.  2002, c. 1, Sched. C, s. 3 (5). Non-compliance with order (2.5) If a person fails to comply with an order made under subsection (2.4), the Minister may cause to be taken such steps as are necessary to achieve the result intended by the order, and the cost of taking those steps is a debt due by the person to the Crown and is recoverable with costs in any court of competent jurisdiction.  2002, c. 1, Sched. C, s. 3 (5). Other liability (3) A conviction of a person under this section does not affect that person’s liability for damages.  1998, c. 18, Sched. I, s. 35. Onus of proof (4) In a prosecution under clause (1) (a) or (b), the onus is on the person charged to prove that the location or the plans and specifications, as the case may be, have been approved by the Minister.  1998, c. 18, Sched. I, s. 35. Limitation period (5) A proceeding in respect of an offence under this Act shall not be commenced more than five years after the date on which the offence was or is alleged to have been committed.  2001, c. 9, Sched. K, s. 3 (6). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 35 - 18/12/1998 2001, c. 9, Sched. K, s. 3 (6) - 29/06/2001 2002, c. 1, Sched. C, s. 3 (5) - 27/06/2002 2006, c. 19, Sched. P, s. 2 (3) - 22/06/2006 2012, c. 8, Sched. 26, s. 3 - 20/06/2012