An Act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999 (S.C. 2005, c. 23)
Full Document:
Assented to 2005-05-19
38. The Act is amended by adding the following after section 275:
Marginal note:When consent of Attorney General of Canada required
275.1 A proceeding that is commenced in respect of an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division, or in respect of an offence under the Criminal Code that is committed in the course of enforcement of this Act, shall not be continued if the offence was committed in an area of the sea referred to in paragraph 122(2)(c) and the accused is either a ship that is not a Canadian ship or a foreign national who was on board such a ship when the offence was committed, unless the Attorney General of Canada consents to the continuation no later than eight days after the proceeding is commenced.
39. The Act is amended by adding the following after section 278:
Marginal note:Jurisdiction of justices and judges
278.1 A justice or judge in any territorial division in Canada has jurisdiction to authorize, in the same manner as if the offence had been committed in the territorial division, an arrest, an entry, a search or a seizure in relation to
(a) an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division that is committed in an area of the sea referred to in any of paragraphs 122(2)(c), (f) and (g); or
(b) an offence under the Criminal Code that is committed in the course of enforcement of this Act in an area of the sea referred to in paragraph 122(2)(c) or 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).
40. (1) The portion of subsection 279(1) of the Act before paragraph (a) is replaced by the following:
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
(2) The portion of subsection 279(3) of the Act before paragraph (a) is replaced by the following:
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
41. Section 280 of the Act is replaced by the following:
Marginal note:Liability of directors, officers and agents
280. (1) If a corporation commits an offence under this Act or the regulations, any officer, director or agent 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 to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
Marginal note:Liability of master and chief engineer of ship
(2) If a ship commits an offence under this Act or the regulations and the master or the 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 to the punishment provided for the offence, whether or not the ship has been prosecuted or convicted.
Marginal note:Duties of directors and officers
280.1 (1) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with
(a) this Act and the regulations, other than Division 3 of Part 7 and regulations made under that Division; and
(b) orders and directions of, and prohibitions and requirements imposed by, the Minister, enforcement officers and review officers, other than those issued or imposed in connection with obligations or prohibitions under that Division or regulations made under that Division.
Marginal note:Duties of directors and officers — Division 3 of Part 7
(2) Every director and officer of a corporation who is in a position to direct or influence the corporation’s policies or activities in respect of its obligation to comply with Division 3 of Part 7, regulations made under that Division, and orders and directions of, and prohibitions and requirements imposed by, the Minister, enforcement officers and review officers in connection with obligations or prohibitions under that Division or those regulations, shall take all reasonable care to ensure that the corporation so complies.
Marginal note:Liability of directors and officers — Division 3 of Part 7
(3) If a corporation commits an offence arising out of a contravention of Division 3 of Part 7, a regulation made under that Division or an order or direction of, or prohibition or requirement imposed by, the Minister, an enforcement officer or a review officer in connection with an obligation or prohibition under that Division or a regulation made under that Division, every director and officer of the corporation who is in a position to direct or influence the corporation’s policies or activities in respect of conduct that is the subject-matter of the offence is a party to and guilty of the offence, and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
Marginal note:Duties of masters and chief engineers
280.2 (1) The master and the chief engineer of a ship shall take all reasonable care to ensure that the ship complies with
(a) Division 3 of Part 7 and regulations made under that Division; and
(b) orders and directions of, and prohibitions and requirements imposed by, the Minister, enforcement officers and review officers in connection with obligations or prohibitions under that Division or those regulations.
Marginal note:Liability of master and chief engineer
(2) If a ship commits an offence arising out of a contravention of Division 3 of Part 7, a regulation made under that Division or an order or direction of, or prohibition or requirement imposed by, the Minister, an enforcement officer or a review officer in connection with an obligation or prohibition under that Division or a regulation made under that Division, the master and the chief engineer of the ship are a party to and guilty of the offence, and are liable to the punishment provided for the offence, whether or not the ship has been prosecuted or convicted.
Marginal note:Duties of owner
280.3 (1) Every owner of a ship shall take all reasonable care to ensure that the ship complies, and all persons on board the ship comply, with
(a) Division 3 of Part 7 and regulations made under that Division; and
(b) orders and directions of, and prohibitions and requirements imposed by, the Minister, enforcement officers and review officers in connection with obligations or prohibitions under that Division or those regulations.
Marginal note:Liability of directors and officers of owners
(2) If a ship commits an offence arising out of a contravention of Division 3 of Part 7, a regulation made under that Division or an order or direction of, or prohibition or requirement imposed by, the Minister, an enforcement officer or a review officer in connection with an obligation or prohibition under that Division or a regulation made under that Division, every director or officer of a corporation that is an owner of the ship who is in a position to direct or influence the corporation’s policies or activities in respect of conduct that is the subject-matter of the offence is a party to and guilty of the offence, and is liable to the punishment provided for the offence, whether or not the ship has been prosecuted or convicted.
Marginal note:For greater certainty
280.4 For greater certainty, section 283 applies to a person who is a party to an offence under subsection 280.1(3), 280.2(2) or 280.3(2).
Marginal note:Directions
280.5 For the purpose of prosecuting a ship for contravening a direction made under section 225.1 or an order made under section 235, a direction or an order, as the case may be, that is given to the master or a crew member of the ship is deemed to have been given to the ship.
42. The Act is amended by adding the following after section 281:
Marginal note:Proceedings against ships
281.1 (1) Subject to subsection (2), the provisions of this Act or the Criminal Code relating to indictable or summary conviction offences that apply to persons apply also to ships, with any modifications that the circumstances require.
Marginal note:Service on ship and appearance at trial
(2) If a ship is charged with having committed an offence under this Act or the regulations, the summons may be served by leaving it with the owner, master or any officer of the ship or by posting the summons on some conspicuous part of the ship, and the ship may appear by counsel or representative. Despite the Criminal Code, if the ship does not so appear, a court may, on proof of service of the summons, proceed to hold the trial.
COORDINATING AMENDMENTS
Marginal note:1994, c. 22
43. On the later of the coming into force of section 1 of the Canada Shipping Act, 2001, being chapter 26 of the Statutes of Canada, 2001, and subsection 1(2) of this Act, the definition “Canadian vessel” in subsection 2(1) of the Migratory Birds Convention Act, 1994 is replaced by the following:
“Canadian vessel”
« bâtiment canadien »
“Canadian vessel” means a vessel
(a) that is registered, listed or licensed under the Canada Shipping Act, 2001,
(b) that is not registered, listed or licensed under the Canada Shipping Act, 2001 or under the laws of another state but is owned by one or more persons each of whom is
(i) a Canadian citizen,
(ii) in the case of a vessel that is not required to be registered, listed or licensed under that Act, a person who is resident and domiciled in Canada, or
(iii) a corporation incorporated under the laws of Canada or a province, that has its principal place of business in Canada, or
(c) that is not registered, listed or licensed under the Canada Shipping Act, 2001 but is owned or operated by Her Majesty in right of Canada;
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