Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Act current to 2013-04-29 and last amended on 2012-11-01. Previous Versions

Marginal note:Jurisdiction of court

  • 279. (1) If an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division is committed in an area of the sea referred to in any of paragraphs 122(2)(a) to (e), or if an offence under the Criminal Code is committed in the course of enforcement of this Act in an area of the sea referred to in paragraph 122(2)(c), the offence

    • (a) is within the competence of and shall be tried by the court having jurisdiction in respect of similar offences in the territorial division nearest to the place where the offence was committed; and

    • (b) shall be tried in the same manner as if it had been committed within that territorial division.

  • Marginal note:Where offence deemed to have been committed

    (2) An offence to which subsection (1) applies is, for the purpose of that subsection, deemed to have been committed either in the place where the offence was actually committed or in the place in which the accused is found.

  • Marginal note:Jurisdiction of court

    (3) If an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division is committed in an area of the sea referred to in paragraph 122(2)(f) or (g), or if an offence under the Criminal Code is committed in the course of enforcement of this Act in an area of the sea referred to in paragraph 122(2)(g) in the course of hot pursuit that commenced while a ship was in an area of the sea referred to in any paragraphs 122(2)(a) to (e), the offence

    • (a) is within the competence of and shall be tried by any court having jurisdiction in respect of similar offences committed by persons within the limits of its ordinary jurisdiction; and

    • (b) shall be tried in the same manner as if it had been committed within the jurisdiction of the court before which it is tried.

  • 1999, c. 33, s. 279;
  • 2005, c. 23, s. 40.
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Marginal note:Liability of directors, officer, etc., of corporation

  • 280. (1) 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 and guilty of 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 and chief engineers

    (2) If a ship commits an offence under this Act and the master or chief engineer of the ship directed, authorized, assented to, acquiesced in or participated in the commission of the offence, the master or chief engineer, as the case may be, is a party to and guilty of the offence, and is liable on conviction to the penalty provided for by this Act for an individual who commits an offence under subsection 272.1(1), whether or not the ship has been prosecuted or convicted.

  • 1999, c. 33, s. 280;
  • 2005, c. 23, s. 41;
  • 2009, c. 14, s. 73.
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