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

Marginal note:Obstruction

• 88 (1) No person shall wilfully obstruct or otherwise interfere with an inspector in the carrying out of functions under this Part.

• Marginal note:False statements

  (2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector or other person engaged in carrying out functions under this Part.

Marginal note:Where work closed or abandoned

• 89 (1) Where the Minister believes, on reasonable grounds, that

  • (a) a person has closed or abandoned, temporarily or permanently, a work related to the use of waters or the deposit of waste in Nunavut, except in a national park, and

  • (b) either

    • (i) the person has contravened any condition of a licence or any provision of this Part or the regulations, whether or not the condition or provision relates to the closure or abandonment, or

    • (ii) the past operation of the work or its closure or abandonment may cause a danger to persons, property or the environment,

  the Minister may take any reasonable measures to prevent, counteract, mitigate or remedy any resulting adverse effect on persons, property or the environment and may, for that purpose, enter any place in Nunavut, other than a place that is designed to be used and is being used as a permanent or temporary private dwelling-place.

• Marginal note:Recovery of Her Majesty’s costs

  (2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada under subsection (1) that is not recoverable from the security furnished and maintained under section 76 may be recovered as a debt due to Her Majesty from the person who closed or abandoned the work, to the extent that the incurring of those costs resulted from a contravention of a condition or provision referred to in subparagraph (1)(b)(i).

Offences and Punishment

Marginal note:Principal offences

• 90 (1) Every person is guilty of an offence who contravenes subsection 11(1), section 12 or section 88 or who fails to comply with subsection 11(3) or with a direction given by an inspector under subsection 87(1).

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable on summary conviction,

  • (a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and

  • (b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both.

Marginal note:Offences — type A licences

• 90.1 (1) Every type A licensee is guilty of an offence who

  • (a) contravenes any condition of the licence, if 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).

• Marginal note:Punishment

  (2) Every licensee who commits an offence under subsection (1) is liable on summary conviction,

  • (a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and

  • (b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both.

Marginal note:Offences — type B licences

• 90.2 (1) Every type B licensee is guilty of an offence who

  • (a) contravenes any condition of the licence, if 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).

• Marginal note:Punishment

  (2) Every licensee who commits an offence under subsection (1) is liable on summary conviction

  • (a) for a first offence, to a fine not exceeding $37,500 or to imprisonment for a term not exceeding six months, or to both; and

  • (b) for a second or subsequent offence, to a fine not exceeding $75,000 or to imprisonment for a term not exceeding six months, or to both.

Marginal note:Continuing offences

90.3 An offence under subsection 90(1), 90.1(1) or 90.2(1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.

Marginal note:Deeming — second or subsequent offence

• 90.4 (1) For the purposes of paragraphs 90(2)(b), 90.1(2)(b) and 90.2(2)(b), a conviction for a particular offence under this Part is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under an Act of Parliament — or an Act of the legislature of a province — that relates to environmental or wildlife conservation or protection.

• Marginal note:Application

  (2) Subsection (1) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under any Act of the legislature of a province.

Marginal note:Other offences

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

• (a) contravenes subsection 86(4) 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 or prescription

92 No proceedings in respect of an offence under this Part are to be instituted more than five years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged offence.

Marginal note:Action to enjoin not prejudiced by prosecution

• 93 (1) Despite the fact that a prosecution has been instituted in respect of an offence under subsection 90(1), 90.1(1) or 90.2(1), the Attorney General of Canada may commence and maintain proceedings to enjoin conduct that constitutes an offence under any of those subsections.

• 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.

Marginal note:Certificate of analyst

• 94 (1) Subject to this section, a certificate purporting to be signed by an analyst, stating that the analyst has analysed or examined a sample submitted by an inspector and giving the results of the analysis or examination,

  • (a) is admissible in evidence in any prosecution under this Part; and

  • (b) in the absence of evidence to the contrary, is proof of its contents without proof of the signature or the official character of the signatory.

• Marginal note:Attendance of analyst

  (2) A party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

• Marginal note:Notice

  (3) No certificate shall be admitted in evidence under subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate.

Administrative Monetary Penalties

Regulations

Marginal note:Ministerial regulations

• 94.01 (1) The Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 94.02 to 94.3, including regulations

  • (a) designating as a violation that may be proceeded with in accordance with this Part

    • (i) the contravention of any specified provision of this Part or of the regulations,

    • (ii) the contravention of any order, direction or decision — or of any order, direction or decision of a specified class — made or given under this Part, or

    • (iii) the failure to comply with a term or condition of any licence or a term or condition of a specified class of licences;

  • (b) providing for the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation;

  • (c) establishing the form and content of notices of violations;

  • (d) respecting the service of documents required or authorized under this Part, including the manner and proof of service and the circumstances under which documents are considered to be served; and

  • (e) respecting reviews by the Minister in respect of a notice of violation.

• Marginal note:Maximum amount of penalty

  (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation must not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person.

Violations

Marginal note:Function of inspectors

94.02 Persons who are designated as inspectors under subsection 85(1) are authorized to issue notices of violation.

Marginal note:Commission of violation

• 94.03 (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 94.01(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations.

• Marginal note:Purpose of penalty

  (2) The purpose of the penalty is to promote compliance with this Part and not to punish.

Marginal note:Liability of directors, officers, etc.

94.04 If a corporation commits a violation, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty in the amount that is determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Part.

Marginal note:Proof of violation

94.05 In any proceedings under this Part against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person, whether or not the employee or agent or mandatary is identified or proceeded against in accordance with this Part.

Marginal note:Issuance and service of notice of violation

• 94.06 (1) If an inspector believes on reasonable grounds that a person has committed a violation, the inspector may issue a notice of violation and cause it to be served on the person.

• Marginal note:Contents

  (2) The notice of violation must

  • (a) name the person that is believed to have committed the violation;

  • (b) set out the relevant facts surrounding the violation;

  • (c) set out the amount of the penalty;

  • (d) inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the period within which that right must be exercised;

  • (e) inform the person of the time and manner of paying the penalty; and

  • (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they are considered to have committed the violation and are liable to the penalty.