An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment (S.C. 2009, c. 14)
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Assented to 2009-06-18
32. The Act is amended by adding the following after section 23:
Marginal note:Liability for costs
23.1 If a thing is seized under this Act, the person who owned the thing at the time that it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any.
33. Section 24 of the Act is replaced by the following:
Marginal note:Offence
24. (1) Every person who contravenes section 13, subsection 32(1) or a provision of the regulations designated by regulations made under paragraph 16(1)(y) is guilty of an offence and liable
(a) on conviction on indictment,
(i) in the case of an individual,
(A) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
(A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or
(b) on summary conviction,
(i) in the case of an individual,
(A) for a first offence, to a fine of not less than $5,000 and not more than $300,000, and
(B) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
(A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.
Marginal note:Contravention of other provisions of regulations or of conditions of permits, etc.
(2) Every person who contravenes any provision of the regulations, other than a provision designated by regulations made under paragraph 16(1)(y), or any condition of a permit, licence or other authorizing instrument issued under the regulations, is guilty of an offence and liable
(a) on conviction on indictment,
(i) in the case of an individual,
(A) for a first offence, to a fine of not more than $100,000, and
(B) for a second or subsequent offence, to a fine of not more than $200,000,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(A) for a first offence, to a fine of not more than $500,000, and
(B) for a second or subsequent offence, to a fine of not more than $1,000,000, and
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
(A) for a first offence, to a fine of not more than $250,000, and
(B) for a second or subsequent offence, to a fine of not more than $500,000; or
(b) on summary conviction,
(i) in the case of an individual,
(A) for a first offence, to a fine of not more than $25,000, and
(B) for a second or subsequent offence, to a fine of not more than $50,000,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(A) for a first offence, to a fine of not more than $250,000, and
(B) for a second or subsequent offence, to a fine of not more than $500,000, and
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
(A) for a first offence, to a fine of not more than $50,000, and
(B) for a second or subsequent offence, to a fine of not more than $100,000.
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