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An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (S.C. 2019, c. 28)

Assented to 2019-06-21

PART 3R.S., c. N-22; 2012, c. 31, s. 316Navigation Protection Act (continued)

Amendments to the Act (continued)

 Section 36 of the Act is amended by adding the following after subsection (2):

  • Marginal note: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.

 The Act is amended by adding the following after section 36:

Marginal note: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.

Marginal note: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.

  • Marginal note: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.

Marginal note: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.

  • Marginal note: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.

Marginal note:2009, c. 2, s. 340

 Subsection 39(1) of the Act is replaced by the following:

Marginal note: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.

Marginal note:2012, c. 31, s. 328

 Subsection 39.1(3) of the Act is replaced by the following:

  • Marginal note: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.

 The Act is amended by adding the following after section 39.13:

Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

Marginal note:2012, c. 31, s. 328

  •  (1) Paragraph 39.14(1)(b) of the Act is replaced by the following:

    • (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

  • Marginal note:2012, c. 31, s. 328

    (2) Subsection 39.14(3) of the Act is replaced by the following:

    • Marginal note: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.

Marginal note:2012, c. 31, s. 328

 Section 39.18 of the Act is replaced by the following:

Marginal note: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.

  • Marginal note: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.

Marginal note:2012, c. 31, s. 328

 Sections 39.23 and 39.24 of the Act are replaced by the following:

Marginal note:Limitation period or prescription

39.23 Proceedings in respect of a violation may be commenced no later than two years after the day on which a designated person becomes aware of the acts or omissions that constitute the alleged violation.

Marginal note:Certification

39.24 A document appearing to have been issued by the Minister or a designated person and certifying the day on which the acts or omissions that constitute the alleged violation became known to a designated person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the designated person became aware of the acts or omissions on that day.

Marginal note:2012, c. 31, s. 329(1)

  •  (1) The portion of subsection 40(1) of the Act before paragraph (f) is replaced by the following:

    Marginal note:Offence

    • 40 (1) Every person is guilty of an offence, if the person

      • (a) contravenes section 3, subsection 4(1) or (2), 5(1) or 7(12), section 8, subsection 10(1), 10.1(2), 10.2(1) or (2), 10.3(1) or 15(1), section 21, 22, 23 or 35 or subsection 37(1) or (2);

      • (b) contravenes an order given under paragraph 11(2)(a), (b) or (d), subsection 13(1) or (2), 15(3), 15.1(1) or 16(1) or paragraph 25.1(1)(a), (b), (d) or (e);

      • (c) does not take the measures required under subsection 10.3(2) or paragraph 15(2)(a) or (b);

  • (2) Section 40 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Penalties

      (1.1) Every person who is guilty of an offence under subsection (1) is liable, on summary conviction,

      • (a) in the case of an individual,

        • (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 to imprisonment for a term of not more than six months, or to both; and

      • (b) in the case of a corporation,

        • (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.

  • (3) Section 40 of the Act is amended by adding the following after subsection (5):

    • Marginal note:Vicarious liability — acts of employees, agents and mandataries

      (6) A person is liable for an offence that is committed by that person’s employee or agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the offence is identified or proceeded against in accordance with this Act.

    • Marginal note:Due diligence defence

      (7) A person is not to be found guilty of an offence under subsection (1), other than for a contravention of subsection 37(1) or (2), if they establish that they exercised due diligence to prevent the commission of the offence.

 
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