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Canadian Environmental Protection Act, 1999

Version of section 279 from 2005-06-28 to 2024-10-30:


Marginal note:Jurisdiction of court

  •  (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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