Bill C-48
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PROHIBITIONS |
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No disposition
or use without
authority
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12. Except as permitted by this Act or the
regulations,
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Exploration
and
exploitation
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13. No person shall explore for or exploit
hydrocarbons, minerals, aggregates or any
other inorganic matter within a marine
conservation area.
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Dumping
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14. (1) No person shall dump any substance
into the waters of a marine conservation area
except as authorized by a permit issued by a
superintendent pursuant to this Act or, in the
case of waters to which section 67 of the
Canadian Environmental Protection Act
applies, authorized by section 68 of that Act or
by a permit issued by the Minister of the
Environment pursuant to section 71 of that
Act.
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Permits under
CEPA
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(2) No permit under section 71 of the
Canadian Environmental Protection Act in
respect of a marine conservation area may be
issued except with the concurrence of the
Minister.
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Permits and
authoriza- tions
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15. (1) To the extent authorized by the
regulations , the superintendent of a marine
conservation area may issue, amend, suspend
and revoke permits and other authorizing
instruments for activities in the marine
conservation area.
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Fishing
licences
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(2) A licence issued under the Fisheries Act
is deemed to be a permit issued under this Act
to carry out the activities permitted by the
licence, subject to regulations made under
subsection 16(1) on the recommendation of
the Minister and the Minister of Fisheries and
Oceans.
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Superinten- dent may not amend
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(3) For greater certainty, the superintendent
of a marine conservation area may not amend,
suspend or revoke a licence issued under the
Fisheries Act.
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REGULATIONS |
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Regulations
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16. (1) The Governor in Council may make
regulations, consistent with international law,
for the control and management of any or all
marine conservation areas, including
regulations
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Fisheries,
aquaculture
and marine
matters
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(2) Regulations under this section
respecting fisheries management and
conservation or that restrict or prohibit fishing
or aquaculture, marine navigation or activities
related to marine safety may be made only on
the recommendation of the Minister and the
Minister of Fisheries and Oceans.
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Marine
matters
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(3) Regulations under this section that
restrict or prohibit marine navigation or
activities related to marine safety, to the extent
that such regulations can be made on the
recommendation of the Minister of Transport
under the Canada Shipping Act or the Arctic
Waters Pollution Prevention Act, may only be
made on the recommendation of the Minister
and the Minister of Transport.
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Air navigation
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(4) Regulations under paragraph (1)(j) that
restrict or prohibit air navigation may be made
only on the recommendation of the Minister
and the Minister of Transport.
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Conflicts
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(5) Regulations referred to in subsection
(2), (3) or (4) prevail over regulations made
under the Fisheries Act, the Coastal Fisheries
Protection Act, the Canada Shipping Act, the
Arctic Waters Pollution Prevention Act, the
Navigable Waters Protection Act or the
Aeronautics Act to the extent of any conflict
between them.
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Aboriginal
activities
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(6) The Governor in Council may, after the
Minister has consulted with affected
aboriginal organizations, make regulations
respecting activities that may be carried on by
aboriginal people in a marine conservation
area by virtue of their existing aboriginal or
treaty rights as recognized and affirmed by
section 35 of the Constitution Act, 1982.
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Variations by
superinten- dent
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(7) Regulations made under this section
may authorize the superintendent of a marine
conservation area, in the circumstances
described and to the extent provided in the
regulations, to vary any of the requirements of
the regulations in relation to the marine
conservation area.
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Exemption of
ship and air
movements
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17. The Governor in Council may, by order,
exempt from any provision of the regulations
a movement of a ship or aircraft owned or
operated by Her Majesty in right of Canada or
a province or a foreign state, on the
recommendation of the Minister and any other
minister of the Crown having responsibility in
relation to the movement, if the Governor in
Council is satisfied that the exemption is
necessary
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ENFORCEMENT |
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Designation
of marine
conservation
area wardens
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18. The Minister may designate persons
appointed under the Public Service
Employment Act whose duties include the
enforcement of this Act to be marine
conservation area wardens
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and marine conservation area wardens are, for
those purposes, peace officers within the
meaning of the Criminal Code.
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Designation
of
enforcement
officers
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19. The Minister may designate persons or
classes of persons employed in the public
service of Canada or by a provincial,
municipal or local authority, whose duties
include law enforcement, to be enforcement
officers for the purpose of the enforcement of
specified provisions of this Act or the
regulations in specified marine conservation
areas, and for that purpose enforcement
officers have the powers and are entitled to the
protection provided by law to peace officers
within the meaning of the Criminal Code.
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Certificate of
designation
and oath
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20. (1) Every marine conservation area
warden and enforcement officer shall be
provided with a certificate of designation in a
form approved by the Minister and shall take
and subscribe an oath prescribed by the
Minister.
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Limitation of
powers
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(2) A certificate of designation provided to
an enforcement officer shall specify the
provisions of this Act or the regulations that
the enforcement officer has the power to
enforce and the marine conservation areas in
which that power applies.
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Crossing
private
property
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(3) In the discharge of their duties, marine
conservation area wardens, enforcement
officers and persons accompanying them may
enter on and pass through or over private
property.
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Arrest by
warden or
officer
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21. (1) A marine conservation area warden
or enforcement officer may, in accordance
with and subject to the Criminal Code, arrest
without warrant any person whom the warden
or officer finds committing an offence under
this Act or who, on reasonable grounds, the
warden or officer believes has committed or is
about to commit an offence under this Act.
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Arrest by
warden
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(2) A marine conservation area warden
may, in accordance with and subject to the
Criminal Code, arrest without warrant any
person whom the warden finds committing an
offence under any other Act in a marine
conservation area, except in any portion of it
situated within the exclusive economic zone
of Canada.
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Search and
seizure
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22. (1) A marine conservation area warden
or enforcement officer may
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Authority to
issue warrant
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(2) If a justice of the peace, on ex parte
application, is satisfied by information on oath
that there are reasonable grounds to believe
that there is in any place, including any
building, boat or other conveyance, or in any
package or receptacle,
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the justice of the peace may issue a warrant
authorizing a marine conservation area
warden or enforcement officer named in the
warrant to enter and search the place or to open
and examine the package or receptacle,
subject to any conditions specified in the
warrant.
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Where
warrant not
necessary
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(3) A marine conservation area warden or
enforcement officer may exercise any powers
under subsection (1) without a warrant if the
conditions for obtaining a warrant exist but by
reason of exigent circumstances it would not
be practical to obtain one.
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Custody of
things seized
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23. (1) Subject to subsections (2) and (3)
and sections 25 and 26, where a marine
conservation area warden or enforcement
officer seizes a thing under this Act or under
a warrant issued pursuant to the Criminal
Code,
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Forfeiture
where
ownership not
ascertainable
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(2) If the lawful ownership of or entitlement
to a seized thing cannot be ascertained within
30 days after its seizure, the thing, or any
proceeds of its disposition, are forfeited to
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Perishable
things
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(3) Where a seized thing is perishable, the
marine conservation area warden or
enforcement officer may dispose of it or
destroy it, and any proceeds of its disposition
shall be
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OFFENCES AND PUNISHMENT |
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Contraven- tion of Act or regulations
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24. (1) Every person who contravenes a
provision of this Act or the regulations, or a
condition of a permit or other authorizing
instrument issued pursuant to the regulations,
is
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Continuing
offences
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(2) If a contravention of this Act or the
regulations is committed or continued on
more than one day, it constitutes a separate
offence for each day on which it is committed
or continued.
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Injunction
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(3) Whether or not proceedings have been
commenced with respect to an offence under
this Act, Her Majesty in right of Canada may
undertake or continue proceedings to prevent
conduct that constitutes such an offence.
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Forfeiture
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25. (1) When a person is convicted of an
offence under this Act, the convicting court
may, in addition to any punishment imposed,
order that any seized thing by means of or in
relation to which the offence was committed,
or any proceeds of its disposition, be forfeited
to Her Majesty in right of Canada.
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Return where
no forfeiture
ordered
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(2) If the convicting court does not order the
forfeiture, a seized thing or the proceeds of its
disposition shall be returned to its lawful
owner or the person lawfully entitled to it.
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Retention or
sale
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(3) If a fine is imposed on a person
convicted of an offence under this Act, 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.
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Disposition by
Minister
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26. 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.
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Orders of
court
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27. (1) When a person is convicted of an
offence under this Act, the court may, in
addition to any punishment imposed and
having regard to the nature of the offence and
the circumstances surrounding its
commission, make an order
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Suspended
sentence
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(2) Where 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).
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Imposition of
sentence
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(3) If the person does not comply with the
order 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.
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Limitation or
prescription
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28. (1) Proceedings by way of summary
conviction may be commenced not later than
two years after the day on which the
subject-matter of the proceedings becomes
known to the Minister.
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Minister's
certificate
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(2) A document purporting to have been
issued by the Minister, certifying the day on
which the subject-matter of any proceedings
became known to the Minister, is admissible
in evidence without proof of the signature or
official character of the person appearing to
have signed the document and is evidence of
the matters asserted in it.
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