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)
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Assented to 2019-06-21
PART 3R.S., c. N-22; 2012, c. 31, s. 316Navigation Protection Act (continued)
Amendments to the Act (continued)
Marginal note:2012, c. 31, s. 321
59 Section 27 of the Act is replaced by the following:
Marginal note:Agreements and arrangements
27 The Minister may, with respect to his or her responsibilities under this Act, enter into agreements or arrangements for carrying out the purposes of this Act and authorize any other federal minister, person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under this Act that are specified in the agreement or arrangement.
60 The Act is amended by adding the following after section 27.1:
Registry
Marginal note:Establishment
27.2 (1) The Minister must establish and maintain a registry in which information that he or she specifies is deposited.
Marginal note:Access
(2) The Minister must make the registry accessible to the public through the Internet and by any other means that he or she considers appropriate.
Marginal note:Types of documents in registry
(3) The registry must contain only records or parts of a record
(a) that are publicly available; or
(b) that the Minister determines would be disclosed to the public in accordance with the Access to Information Act if a request were made in respect of that record under that Act, including any record that would be disclosed in the public interest under subsection 20(6) of that Act.
Marginal note:Protection from civil proceeding or prosecution
(4) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister, or any person acting on behalf of, or under the direction of, him or her or against the Crown, for the disclosure in good faith of any record or any part of a record under this Act or for any consequences that flow from that disclosure.
Marginal note:2012, c. 31, s. 321
61 (1) Paragraphs 28(1)(b) and (c) of the Act are replaced by the following:
(b) respecting fees, or the method of calculating fees, to be paid for any service provided or any right or privilege conferred by means of an approval, exemption or other authorization under this Act and respecting the payment of those fees;
(c) respecting the issuance, amendment, suspension and cancellation of approvals in relation to works;
Marginal note:2012, c. 31, s. 321
(2) Paragraphs 28(1)(e) and (f) of the Act are replaced by the following:
(e) respecting the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of works in, on, over, under, through or across any navigable waters;
(e.1) prescribing periods for the purposes of subsections 10(3) and 10.1(1) and (3);
(f) respecting areas contiguous to works that are necessary for the safety of persons and navigation;
(f.1) respecting places in any navigable water where stone, gravel, earth, cinders, ashes or other material may be deposited and the deposit of such materials in such places;
(3) Subsection 28(1) of the Act is amended by adding the following after paragraph (g):
(g.1) excluding any body of water that the Governor in Council considers to be small from the definition navigable water in section 2;
(g.2) prescribing the circumstances in which the Indigenous knowledge that is provided to the Minister under this Act in confidence may be disclosed without written consent;
Marginal note:2012, c. 31, s. 321
(4) Paragraphs 28(2)(a) to (d) of the Act are replaced by the following:
(a) designating any works that are likely to slightly interfere with navigation as minor works;
(b) designating any works that are likely to substantially interfere with navigation as major works; and
(c) respecting the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of works in, on, over, under, through or across any navigable waters.
(5) Subsection 28(2) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) respecting the registry established under section 27.2, including specifying records or information to be posted on the Internet site.
Marginal note:2012, c. 31, s. 321
(6) Subsection 28(5) of the Act is repealed.
Marginal note:2012, c. 31, s. 321
62 Section 29 of the Act is replaced by the following:
Marginal note:Addition to schedule
29 (1) The Minister may, by order, amend the schedule by adding to it a reference to a navigable water after considering the following factors:
(a) whether the navigable water is on a nautical chart issued officially by or on the authority of the Canadian Hydrographic Service;
(b) the physical characteristics of the navigable water;
(c) whether the navigable water connects to other navigable waters and, if so, how it connects to them;
(d) the safety of navigation in the navigable water;
(e) the past, current or anticipated navigation in the navigable water;
(f) whether there are Indigenous peoples of Canada who navigate, have navigated or will likely navigate the navigable water in order to exercise rights recognized and affirmed by section 35 of the Constitution Act, 1982; and
(g) the cumulative impact of works on navigation in the navigable water.
Marginal note:Request — addition
(2) Any person may request that the Minister add a reference to a navigable water to the schedule by submitting an application in the form and manner, and containing the information, specified by the Minister.
Marginal note:Other amendment of schedule
(3) The Minister may, by order, amend the schedule by amending a reference to a navigable water and the Governor in Council may, by regulation, amend the schedule by deleting a reference to a navigable water.
Marginal note:2012, c. 31, s. 324(1)
63 (1) Subsection 34(1) of the Act is replaced by the following:
Marginal note:Authority to enter
34 (1) Subject to subsection 36(1), a designated person may, for a purpose related to verifying compliance with this Act, enter a place, including an obstruction, work or vessel, in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or an item to which this Act applies, or any information relating to such an activity or item, is located.
Marginal note:2009, c. 2, s. 340
(2) Paragraph 34(3)(a) of the Act is replaced by the following:
(a) examine the place and anything in the place;
Marginal note:2009, c. 2, s. 340
(3) Paragraph 34(3)(b) of the French version of the Act is replaced by the following:
b) emporter, pour examen ou, dans le cas d’un document, pour reproduction, tout document ou autre chose se trouvant dans le lieu;
(4) Subsection 34(3) of the Act is amended by striking out “and” at the end of paragraph (g), by adding “and” at the end of paragraph (h) and by adding the following after paragraph (h):
(i) order any person in the place to establish their identity to the designated person’s satisfaction.
(5) Section 34 of the Act is amended by adding the following after subsection (3):
Marginal note:Persons accompanying designated person
(3.1) The designated person may be accompanied by any person that they consider necessary to help them exercise their powers or perform their duties or functions under this section.
64 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.
65 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
66 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
67 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.
68 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
69 (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
70 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
71 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)
72 (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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