An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment (S.C. 2009, c. 14)
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Assented to 2009-06-18
R.S., c. I-20INTERNATIONAL RIVER IMPROVEMENTS ACT
1994, c. 22MIGRATORY BIRDS CONVENTION ACT, 1994
94. Subsection 2(1) of the Migratory Birds Convention Act, 1994 is amended by adding the following in alphabetical order:
“Chief Review Officer”
« réviseur-chef »
“Chief Review Officer” means the review officer appointed as Chief Review Officer under subsection 244(1) of the Canadian Environmental Protection Act, 1999 and includes any review officer designated under subsection 244(3) of that Act to perform the functions of the Chief Review Officer;
95. The Act is amended by adding the following after section 6:
Marginal note:Immunity
6.1 Game officers and persons acting under a game officer’s direction and control are not personally liable for anything they do or omit to do in good faith under this Act.
Marginal note:2005, c. 23, s. 6(3)
96. Subsection 7(2) of the Act is replaced by the following:
Marginal note:Stopping and detaining conveyances
(2) A game officer may, at any reasonable time, direct that a conveyance be stopped — or be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out — and the officer may, for a reasonable time, detain a conveyance.
Marginal note:2005, c. 23, s. 7
97. Section 8.2 of the French version of the Act is replaced by the following:
Marginal note:Droit de passage
8.2 La personne qui exerce des fonctions au titre de la présente loi, ainsi que toute personne agissant sous sa direction ou son autorité, peuvent pénétrer dans une propriété privée et y circuler sans engager de responsabilité à cet égard et sans que personne ne puisse s’y opposer.
98. Section 10 of the French version of the Act is replaced by the following:
Marginal note:Disposition par le ministre
10. Il est disposé des objets confisqués ou abandonnés au titre de la présente loi conformément aux instructions du ministre.
99. Section 11 of the Act is replaced by the following:
Marginal note:Liability for costs
11. If a thing is seized under this Act or under a warrant issued under the Criminal Code, the person who owned the thing at the time it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any.
100. The Act is amended by adding the following after section 11.1:
Definition of “order”
11.2 For the purpose of sections 11.21 to 11.3, “order” means a compliance order issued under section 11.21.
Marginal note:Compliance order
11.21 (1) Whenever, during the course of an inspection or a search, a game officer has reasonable grounds to believe that any provision of this Act or the regulations has been contravened by a person that is continuing the commission of the offence, or that any of those provisions are likely to be contravened, the game officer may issue a compliance order directing any person described in subsection (2) to take any of the measures referred to in subsection (3) that are reasonable in the circumstances and consistent with the protection and conservation of migratory birds and their nests and with public safety in order to cease or refrain from committing the alleged contravention.
Marginal note:Persons subject to order
(2) Subsection (1) applies to any person who
(a) owns or has the charge, management or control of the substance to which the alleged contravention relates or the property on which the substance is located;
(b) causes or contributes to the alleged contravention; or
(c) is likely to cause or contribute to the alleged contravention.
Marginal note:Specific measures
(3) The order may specify that the person to whom the order is directed take one or more of the following measures:
(a) refrain from doing anything in contravention of this Act or the regulations, or do anything to comply with this Act or the regulations;
(b) stop or shut down any activity, work, undertaking or thing for a specified period;
(c) cease the operation of any activity or any part of a work, undertaking or thing until the game officer is satisfied that the activity, work, undertaking or thing will be operated in accordance with this Act and the regulations;
(d) move any conveyance to another location including, in the case of a vessel, moving the vessel into port or, in the case of an aircraft, landing the aircraft;
(e) unload or reload the contents of any conveyance; and
(f) take any other measure that the game officer considers necessary to facilitate compliance with the order or to protect or restore migratory birds or their nests, including, but not limited to,
(i) maintaining records on any relevant matter,
(ii) reporting periodically to the game officer, and
(iii) submitting to the game officer any information, proposal or plan specified by the game officer that sets out any action to be taken by the person with respect to the subject matter of the order.
Marginal note:Contents of order
(4) Subject to section 11.22, an order must be made in writing and must set out
(a) the name of the person or persons to whom the order is directed;
(b) the provision of this Act or the regulations that is alleged to have been or is likely to be contravened;
(c) the relevant facts surrounding the alleged contravention;
(d) the measures to be taken;
(e) the time or the day when each measure is to begin or the period during which it is to be carried out;
(f) subject to subsection (5), the duration of the order;
(g) a statement that a request for a review may be made to the Chief Review Officer; and
(h) the period within which a request for a review may be made.
Marginal note:Duration of order
(5) An order may not be in force for a period of more than 180 days.
Marginal note:Failing to file report
(6) For the purposes of subsection (1), a person who commits an offence by failing to file a report required by this Act or the regulations is deemed to be continuing the commission of the offence each day that the report is not filed.
Marginal note:Statutory Instruments Act
(7) An order is not a statutory instrument for the purposes of the Statutory Instruments Act.
Marginal note:Exigent circumstances
11.22 (1) In the case of exigent circumstances, an order may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 11.21.
Definition of “exigent circumstances”
(2) For greater certainty, “exigent circumstances” includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 11.21(4) would result in danger to human life or the environment, including migratory birds.
Marginal note:Notice of intent
11.23 (1) Except in exigent circumstances, a game officer shall, whenever practicable, before issuing an order,
(a) provide every person who will be subject to the order with an oral or written notice of the officer’s intention to issue it; and
(b) allow a reasonable opportunity in the circumstances for the person to make oral representations.
Marginal note:Contents of notice of intent
(2) The notice of intent to issue the order must include
(a) a statement of the purpose of the notice;
(b) a reference to the statutory authority under which the order is to be issued; and
(c) a statement that the party notified may make oral representations to the game officer within the period stated in the notice.
Marginal note:Compliance with order
11.24 (1) A person to whom an order is directed shall, immediately on receipt of the order or a copy of it, or on being directed by a game officer in an order given orally under subsection 11.22(1), comply with the order.
Marginal note:No bar to proceedings
(2) The issuance of or compliance with an order in respect of a person’s alleged contravention of this Act or the regulations is not a bar to any proceedings against the person under this or any other Act in relation to the alleged contravention.
Marginal note:Intervention by game officer
11.25 (1) If a person to whom an order is directed fails to take any measures specified in the order, a game officer may take the measures or cause them to be taken.
Marginal note:Access to property
(2) A game officer or other person authorized or required by a game 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.
Marginal note:Personal liability
(3) Any person, other than a person described in subsection 11.21(2), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized or required by a game 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.
Marginal note:Recovery of reasonable costs and expenses by Her Majesty
11.26 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to any measures taken under subsection 11.25(1) from
(a) any person referred to in paragraph 11.21(2)(a); or
(b) any person referred to in paragraph 11.21(2)(b) to the extent of the person’s negligence in causing or contributing to the alleged contravention.
Marginal note: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.
Marginal note:Liability
(3) The persons referred to in subsection (1) are jointly and severally, or solidarily, liable for the costs and expenses referred to in that subsection.
Marginal note:Limitation
(4) A person referred to in paragraph 11.21(2)(b) may not be held liable under subsection (3) to an extent greater than the extent of their negligence in causing or contributing to the alleged contravention.
Marginal note:Procedure
(5) 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.
Marginal note:Recourse or indemnity
(6) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.
Marginal note:Limitation period
(7) 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.
Marginal note:Minister’s certificate
(8) 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.
Marginal note:Request for review
11.27 (1) Any person to whom an order is directed may, by notice in writing given to the Chief Review Officer 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 Chief Review Officer for a review of the order.
Marginal note:Extension of period for request
(2) The Chief Review Officer may extend the period within which a request for a review may be made if, in his or her opinion, it is in the public interest to do so.
Marginal note:Variation or cancellation of order
11.28 (1) At any time before a notice requesting a review of an order is received by the Chief Review Officer, the game 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 since the day on which the order was received by the person who is subject to it.
Marginal note:Notice of intent
(2) Except in exigent circumstances, a game 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.
Marginal note: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 game officer within the period stated in the notice.
Marginal note:Regulations
11.29 The Minister may make regulations
(a) prescribing the form of reporting to game officers under subparagraph 11.21(3)(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 game officers under paragraph 11.23(1)(b) or 11.28(2)(b).
Marginal note:Review
11.3 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.
101. Subsection 12(1) of the Act is amended by striking out “and” at the end of paragraph (j.1), by adding “and” at the end of paragraph (k) and by adding the following after paragraph (k):
(l) designating provisions of the regulations for the purposes of paragraphs 13(1)(c) and 13.03(1)(b).
Marginal note:2005, c. 23, s. 9
102. Section 13 of the Act is replaced by the following:
Marginal note:Offence — persons
13. (1) Every person commits an offence who
(a) contravenes section 5, subsection 5.1(1) or (2), paragraph 5.2(a), (c) or (d), subsection 5.3(1), 8.1(6), or 11.24(1);
(b) knowingly contravenes paragraph 5.2(b);
(c) contravenes any provision of the regulations designated by regulations made under paragraph 12(1)(l);
(d) contravenes an order made under subsection 8.1(1) or (2); or
(e) contravenes an order made by a court under this Act.
Marginal note: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 three 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 three 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.
Marginal note: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 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.
Marginal note:Penalty — small revenue corporations
(4) Every corporation that commits an offence under subsection (1) and that the court determines under section 13.02 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.
Marginal note:Offence — persons
13.01 (1) Every person commits an offence who
(a) contravenes any provision of this Act or the regulations, other than a provision the contravention of which is an offence under subsection 13(1);
(b) negligently contravenes paragraph 5.2(b); or
(c) contravenes an order or direction made under this Act, other than an order the contravention of which is an offence under subsection 13(1).
Marginal note: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.
Marginal note: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.
Marginal note:Penalty — small revenue corporations
(4) Every corporation that commits an offence under subsection (1) and that the court determines under section 13.02 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.
Marginal note:Determination of small revenue corporation status
13.02 For the purpose of sections 13 and 13.01, 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.
Marginal note:Offence — vessels
13.03 (1) Every vessel commits an offence that contravenes
(a) section 5.1;
(b) any provision of the regulations designated by regulations made under paragraph 12(1)(l); or
(c) an order or a direction made under this Act, including one made by a court.
Marginal note:Penalty — vessels of 7 500 tonnes deadweight or over
(2) Every vessel of 7 500 tonnes deadweight or over that 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.
Marginal note:Penalty — other vessels
(3) Every other vessel that 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 $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.
Marginal note:Offences — vessels
13.04 (1) Every vessel commits an offence that contravenes any provision of this Act or the regulations, other than a provision the contravention of which is an offence under subsection 13.03(1).
Marginal note:Penalty — vessels of 7 500 tonnes deadweight or over
(2) Every vessel of 7 500 tonnes deadweight or over 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.
Marginal note:Penalty — other vessels
(3) Every other vessel 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 $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.
Marginal note:Deeming — second and subsequent offence
13.05 (1) For the purposes of subsections 13(2) to (4), 13.01(2) to (4), 13.03(2) and (3) and 13.04(2) and (3), 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 environmental or wildlife conservation or protection — of a substantially similar offence.
Marginal note: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.
Marginal note:Relief from minimum fine
13.06 The court may impose a fine that is less than the minimum amount provided for in section 13 or 13.03, as the case may be, 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 any of those sections.
Marginal note:Additional fine
13.07 If a person or vessel 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 — or, if the offender is a vessel, the owner or operator of the vessel — acquired any property, benefit or advantage, the court shall order the offender 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.
Marginal note:Notice to shareholders
13.08 If a corporation that has shareholders is 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.
Marginal note:Fundamental purpose of sentencing
13.09 The fundamental purpose of sentencing for offences under this Act is to contribute, in light of the long-standing recognition of the social, cultural and environmental importance of migratory birds, to respect for the law protecting and conserving migratory birds and their nests 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 damages or creates a risk of damage to migratory birds or their nests; and
(c) to reinforce the “polluter pays” principle and to restore migratory birds and their habitats.
Marginal note:Sentencing principles
13.1 (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.
Marginal note:Aggravating factors
(2) The aggravating factors are the following:
(a) the offence caused damage or risk of damage to migratory birds or their nests;
(b) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable population of migratory birds;
(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 a game 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 environmental or wildlife conservation or protection; 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.
Marginal note: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.
Marginal note: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.
Marginal note:Proceedings against vessels
13.11 (1) The provisions of this Act and the Criminal Code relating to indictable or summary conviction offences that apply to persons apply also to vessels, with any modifications that the circumstances require.
Marginal note:Direction binds vessel
(2) For the purpose of prosecuting a vessel for contravening a direction or an order made under this Act, other than an order made under section 11.21, any direction or order made under this Act that is given to the master or a crew member of the vessel binds the vessel as though it had been given to the vessel.
Marginal note:Service
(3) If a vessel is charged with having committed an offence under this Act, the summons may be served by leaving it with the owner, operator, master or any officer of the vessel or by posting the summons on some conspicuous part of the vessel.
Marginal note:Appearance at trial
(4) If a vessel is charged with having committed an offence under this Act, the vessel may appear by counsel or representative. Despite the Criminal Code, if the vessel does not so appear, a court may, on proof of service of the summons, proceed to hold the trial.
Marginal note:Proof of offence — vessel
(5) In a prosecution of a vessel for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by a person on board the vessel, whether or not the person is identified or prosecuted for the offence.
Marginal note:Liability of directors, officers, etc., of corporation
13.12 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 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.
Marginal note:Liability of masters, chief engineers, owners, etc.
13.13 (1) If a vessel commits an offence under this Act and the master, chief engineer, owner or operator of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the offence, the master, chief engineer, owner, or operator, as the case may be, is a party to the offence and is liable on conviction to the penalty provided for by this Act for an individual for the offence of contravening section 5.1, whether or not the vessel has been prosecuted or convicted.
Marginal note:Liability of directors and officers of corporate owners of vessels
(2) If a vessel commits an offence under this Act and the owner or operator of the vessel is a corporation, every director and officer of the corporation who directed or influenced the corporation’s policies or activities in respect of conduct that is the subject matter of the offence is a party to an offence and is liable on conviction to the penalty provided for by this Act for an individual for the offence of contravening section 5.1, whether or not the vessel has been prosecuted or convicted.
Marginal note:Proof of offence — corporation
13.14 In a prosecution of a corporation for an offence under this Act, other than an offence of contravening paragraph 5.2(a), knowingly contravening paragraph 5.2(b) or contravening paragraph 5.2(c) or (d) or section 5.4 or 5.5, it is sufficient proof of the offence to establish that it was committed by an employee, agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or prosecuted for the offence.
Marginal note:Proof of offence — master or chief engineer
13.15 In a prosecution of a master or chief engineer of a vessel for an offence under this Act, other than an offence of contravening paragraph 5.2(a), knowingly contravening paragraph 5.2(b) or contravening paragraph 5.2(c) or (d) or section 5.4 or 5.5, it is sufficient proof of the offence to establish that it was committed by a person on board the vessel, whether or not the person is identified or prosecuted for the offence.
Marginal note:Proof of offence — section 5.4
13.16 In a prosecution of an offence under section 5.4, it is sufficient proof of the offence to establish that a substance was deposited by the vessel contrary to section 5.1.
Marginal note:Due diligence
13.17 A person or vessel that establishes that they exercised due diligence to prevent the commission of an offence under this Act, other than an offence of contravening paragraph 5.2(a), (c) or (d), knowingly contravening paragraph 5.2(b) or contravening section 5.3, shall not be found guilty of the offence.
Marginal note:Continuing offence
13.18 A person or vessel that commits or continues an offence under this Act on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued.
Marginal note:Offences involving more than one bird or nest
13.19 If an offence under this Act involves more than one migratory bird or nest, the fine to be imposed in respect of that offence may, despite sections 13, 13.01, 13.03 and 13.04, be the total of the fines that would have been imposed if each of the migratory birds or nests had been the subject of a separate information.
Marginal note:Application of fines
13.2 (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.
Marginal note: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).
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