Marginal note:Where work closed or abandoned

• 39. (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, and

  • (b) either

    • (i) the person has contravened or failed to comply with any condition of a licence or any provision of this Act or the regulations, whether or not the condition or provision relates to closing or abandonment, or

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

  the Minister may take any reasonable measures to prevent, counteract, mitigate or remedy any resulting adverse effect on persons, property or the environment, and for that purpose may enter any area, place or premises, except one 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 pursuant to subsection (1) that is not recoverable from the security referred to in section 17

  • (a) because of the non-existence or inadequacy of that security,

  • (b) because all or a portion of that security has been applied pursuant to paragraph 17(2)(a),

  • (c) because all or a portion of that security has been refunded pursuant to subsection 17(5), or

  • (d) for any other reason

  may be recovered from the person referred to in subsection (1) as a debt due to Her Majesty, to the extent that the incurring of those costs was based on subparagraph (1)(b)(i).

Marginal note:Principal offences

• 40. (1) Any person who

  • (a) contravenes subsection 8(1) or section 9,

  • (b) fails to comply with subsection 8(3), or

  • (c) contravenes or fails to comply with a direction given by an inspector under subsection 37(1)

  is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year, or to both.

• Marginal note:Type A licensees

  (2) A licensee who holds a type A licence who

  • (a) contravenes or fails to comply with any condition of the licence, where the contravention or failure to comply does not constitute an offence under section 41, or

  • (b) without reasonable excuse, fails to furnish or maintain security as required under subsection 17(1)

  is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year, or to both.

• Marginal note:Type B licensees

  (3) A licensee who holds a type B licence who

  • (a) contravenes or fails to comply with any condition of the licence, where the contravention or failure to comply does not constitute an offence under section 41, or

  • (b) without reasonable excuse, fails to furnish or maintain security as required under subsection 17(1)

  is guilty of an offence and liable on summary conviction to a fine not exceeding fifteen thousand dollars or to imprisonment for a term not exceeding six months, or to both.

• Marginal note:Continuing offences

  (4) Where an offence under this section is committed on, or continued for, more than one day, it shall be deemed to be a separate offence for each day on which it is committed or continued.