Marginal note:Commissioner of the Environment and Sustainable Development

• 10.1 (1) At least once every two years after this Act comes into force, up to and including 2012, the Commissioner of the Environment and Sustainable Development shall prepare a report that includes

  • (a) an analysis of Canada’s progress in implementing the Climate Change Plans;

  • (b) an analysis of Canada’s progress in meeting its obligations under Article 3, paragraph 1, of the Kyoto Protocol; and

  • (c) any observations and recommendations on any matter that the Commissioner considers relevant.

• Marginal note:Publication of report

  (2) The Commissioner shall publish the report in any manner the Commissioner considers appropriate within the period referred to in subsection (1).

• Marginal note:Report to the House of Commons

  (3) The Commissioner shall submit the report to the Speaker of the House of Commons on or before the day it is published, and the Speaker shall table the report in the House on any of the first three days on which that House is sitting after the Speaker receives it.

OFFENCES AND PENALTIES

Marginal note:Offences

• 11. (1) Every person who contravenes a regulation made under this Act is guilty of an offence punishable by indictment or on summary conviction, as prescribed by the regulations, and liable to a fine or to imprisonment as prescribed by the regulations.

• Marginal note:Subsequent offence

  (2) If a person is convicted of an offence a subsequent time, the amount of the fine for the subsequent offence may, despite the regulations, be double the amount set out in the regulations.

• Marginal note:Continuing offence

  (3) A person who commits or continues an offence on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

• Marginal note:Additional fine

  (4) If a person is convicted of an offence and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence, the court may order the person to pay an additional fine in an amount equal to the court’s estimation of the amount of the monetary benefits, which additional fine may exceed the maximum amount of any fine that may otherwise be imposed under the regulations.

• Marginal note:Officers, etc., of corporations

  (5) If a corporation commits an offence, any officer, director, agent or mandatory of the corporation who directed, authorized, assented to, or acquiesced or participated in, the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

• Marginal note:Offences by employees or agents

  (6) In any prosecution for an offence, the accused may be convicted of the offence if it is established that it was committed by an employee, agent or mandatory of the accused, whether or not the employee, agent or mandatory has been prosecuted for the offence.