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An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (S.C. 2019, c. 28)

Assented to 2019-06-21

PART 3R.S., c. N-22; 2012, c. 31, s. 316Navigation Protection Act (continued)

Amendments to the Act (continued)

Marginal note:2009, c. 2, s. 340

73 Section 41 of the Act is replaced by the following:

Marginal note:Limitation period or prescription

41 Proceedings in respect of an offence under this Act may be commenced no later than five years after the day on which a designated person becomes aware of the acts or omissions that constitute the alleged offence.

Marginal note:Certification

42 A document appearing to have been issued by the Minister or a designated person and certifying the day on which the acts or omissions that constitute the alleged offence became known to a designated person is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the designated person became aware of the acts or omissions on that day.

Marginal note:Orders of court

43 If a person is convicted of an offence under this Act, in addition to any punishment imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order imposing any one or more of the following prohibitions, directions or requirements on the person:

  • (a) a prohibition from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

  • (b) a direction to publish, in any manner the court considers appropriate, the facts relating to the commission of the offence;

  • (c) a direction to pay the Minister an amount of money as compensation, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the Minister as a result of the commission of the offence;

  • (d) a direction to perform community service in accordance with any reasonable conditions that may be specified in the order;

  • (e) a direction to post a bond or provide surety or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section;

  • (f) a direction to submit to the Minister, on application by the Minister within three years after the date of the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances; and

  • (g) a requirement to comply with any other conditions that the court considers appropriate for securing the person’s good conduct and for preventing the person from repeating the offence or committing other offences under this Act.

Marginal note:Forfeiture

  • 44 (1) If a person is found guilty of an offence, the court may, in addition to any punishment imposed, order that any seized thing under this Act, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada.

  • Marginal note:Return if forfeiture not ordered

    (2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition must be returned or paid to its owner.

Marginal note:Retention or disposition

45 If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid, or the thing may be disposed of and the proceeds applied, in whole or in part, in payment of the fine.

Marginal note:Reporting of alleged contraventions

  • 46 (1) An individual who has reasonable grounds to believe that a person has contravened or intends to contravene a provision of this Act or the regulations may notify the Minister of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.

  • Marginal note:Confidentiality

    (2) The identity of an individual to whom the Minister has provided an assurance of confidentiality may be disclosed by the Minister only in accordance with the Privacy Act.

Review

Marginal note:Review of Act

  • 47 (1) A review of the provisions and the operation of this Act must be completed by the Minister before the end of the fifth year after the day on which this section comes into force.

  • Marginal note:Tabling of report

    (2) The Minister must cause a report of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.

74 The Schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following:

(Section 3, subsections 4(1) and (3), 5(1) and 6(1), section 8, subsections 9(1), 10(1), 12(1), 13(1), 15(1), 16(1), 17(1) and 19(1), paragraphs 28(1)(e) and (2)(b) and (c) and subsections 29(1) to (3))

75 The Schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following:

(Paragraph 5(1)(b) and subsections 10(1) and (2) and 29(1) to (3))

Transitional Provisions

Marginal note:Deemed approval

  • 76 (1) A work is deemed to have been approved under section 7 of the Canadian Navigable Waters Act, as enacted by section 49 of this Act, if it was or was deemed to be

    • (a) approved under section 6 of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act; or

    • (b) permitted under section 9 of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act.

  • Marginal note:Terms and conditions

    (2) Any term or condition attached to an approval under section 6 of the Navigation Protection Act as it read immediately before the coming into force of section 46 of this Act — or imposed under section 9 of that Act as it read at that time — remains in effect.

  • Marginal note:Validity period of approval

    (3) Despite subsection 332(2) of the Jobs and Growth Act, 2012, a term or condition relating to a validity period that was imposed on an approval granted under the Navigable Waters Protection Act before April 1, 2014 is of no force or effect if the validity period in question had not expired before that date.

Marginal note:Minor works

  • 77 (1) A work is deemed to be validly constructed or placed in accordance with section 4 of the Canadian Navigable Waters Act, as enacted by section 49 of this Act, if it was, or was deemed to be, validly constructed or placed in accordance with section 10 of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act.

  • Marginal note:Deemed designation

    (2) Any work designated or deemed to have been designated as a minor work under paragraph 28(2)(a) of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act, is deemed to be designated as a minor work under paragraph 28(2)(a) of the Canadian Navigable Waters Act until an order is made under that paragraph.

  • Marginal note:Terms and conditions

    (3) Every term and condition imposed, or deemed to have been imposed, under paragraph 28(2)(c) of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act, with respect to the minor works referred to in subsection (1), is deemed to be imposed under paragraph 28(2)(c) of the Canadian Navigable Waters Act until an order is made under that paragraph.

Marginal note:Navigable waters not listed in the schedule

78 For the purposes of the Canadian Navigable Waters Act, any work that is referred to in subsection 332(3) or (4) of the Jobs and Growth Act, 2012 and that was deemed to be constructed or placed in, on, over, under, through or across a navigable water listed in the schedule to the Navigation Protection Act in accordance with subsection 332(5) of the Jobs and Growth Act, 2012 is not constructed or placed in, on, over, under, through or across a navigable water listed in the schedule to the Canadian Navigable Waters Act.

Marginal note:Validly constructed or placed

79 A work that was or was deemed to be validly constructed or placed under the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act, remains validly constructed or placed under the Canadian Navigable Waters Act.

Marginal note:Notice or application not decided

  • 80 (1) Every notice of a proposed work given under subsection 5(1) of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act, and every application for an approval of a work submitted under subsection 6(1) of that Act, as it read immediately before that coming into force, that has not been decided before that coming into force is deemed to be an application for an approval made under subsection 5(1) of the Canadian Navigable Waters Act.

  • Marginal note:Request not granted

    (2) Every request made under subsection 4(1) of the Navigation Protection Act, as it read immediately before the coming into force of section 46 of this Act, that has not been accepted before that coming into force is deemed to be an application for an approval made under paragraph 10(1)(a) of the Canadian Navigable Waters Act.

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