Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10)

Marginal note:Principal offences

• 90. (1) Any person who contravenes subsection 11(1) or section 12, or fails to comply with subsection 11(3) or with a direction given by an inspector under subsection 87(1), is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both.

• Marginal note:Type A licences

  (2) A licensee holding a type A licence who

  • (a) contravenes any condition of the licence, where the contravention does not constitute an offence under section 91, or

  • (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 76(1)

  is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both.

• Marginal note:Type B licences

  (3) A licensee holding a type B licence who

  • (a) contravenes any condition of the licence, where the contravention does not constitute an offence under section 91, or

  • (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 76(1)

  is guilty of an offence and liable on summary conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding six months, or to both.

• Marginal note:Continuing offences

  (4) Where an offence under this section is committed on or continued for more than one day, it is deemed to be a separate offence for each day on which it is committed or continued.

Marginal note:Other offences

91. Any person is guilty of an offence punishable on summary conviction who

• (a) contravenes subsection 86(4) or section 88, or any regulations made under paragraph 82(1)(o), (p) or (q); or

• (b) wilfully obstructs or otherwise interferes with a licensee or any person acting on behalf of a licensee in the exercise of the licensee’s rights under this Part, except as authorized under this or any other Act of Parliament.

Marginal note:Limitation period

92. Proceedings in respect of an offence under this Part may not be instituted later than two years after the time when the subject-matter of the proceedings arose.

Marginal note:Action to enjoin not prejudiced by prosecution

• 93. (1) Notwithstanding that a prosecution has been instituted in respect of an offence under section 90, the Attorney General of Canada may commence and maintain proceedings to enjoin conduct that constitutes an offence under that section.

• Marginal note:Civil remedy not affected

  (2) No civil remedy for any act or omission is affected because the act or omission is an offence under this Part.