Canadian Navigable Waters Act

Marginal note:Offence

• 40 (1) Every person is guilty of an offence, if the person

  • (a) contravenes section 3, subsection 4(1) or (2), 5(1) or 7(12), section 8, subsection 10(1), 10.1(2), 10.2(1) or (2), 10.3(1) or 15(1), section 21, 22, 23 or 35 or subsection 37(1) or (2);

  • (b) contravenes an order given under paragraph 11(2)(a), (b) or (d), subsection 13(1) or (2), 15(3), 15.1(1) or 16(1) or paragraph 25.1(1)(a), (b), (d) or (e);

  • (c) does not take the measures required under subsection 10.3(2) or paragraph 15(2)(a) or (b);

  • (d) [Repealed, 2019, c. 28, s. 72]

  • (e) [Repealed, 2019, c. 28, s. 72]

  • (f) contravenes a regulation or order made under section 28; or

  • (g) contravenes an interim order made under section 32.

• Marginal note:Penalties

  (1.1) Every person who is guilty of an offence under subsection (1) is liable, on summary conviction,

  • (a) in the case of an individual,

    • (i) for a first offence, to a fine of not more than $100,000, and

    • (ii) for a second or subsequent offence, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; and

  • (b) in the case of a corporation,

    • (i) for a first offence, to a fine of not more than $500,000, and

    • (ii) for a second or subsequent offence, to a fine of not more than $1,000,000.

• Marginal note:Vessel liable for fine

  (2) If any materials referred to in section 22 are thrown from or deposited by a vessel and a conviction is obtained for that activity, the vessel is liable for any fine that is imposed and may be detained by any port warden or the chief officer of customs at any port until the fine is paid.

• Marginal note:Continuing offence

  (3) If the offence under subsection (1) is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

• Marginal note:Officers, etc., of corporations

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

• Marginal note:Duty to ensure compliance

  (5) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act.

• Marginal note:Vicarious liability — acts of employees, agents and mandataries

  (6) A person is liable for an offence that is committed by that person’s employee or agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the offence is identified or proceeded against in accordance with this Act.

• Marginal note:Due diligence defence

  (7) A person is not to be found guilty of an offence under subsection (1), other than for a contravention of subsection 37(1) or (2), if they establish that they exercised due diligence to prevent the commission of the offence.