Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Oceans Act (S.C. 1996, c. 31)

Full Document:  

Act current to 2019-06-20 and last amended on 2019-05-27. Previous Versions

PART IIOceans Management Strategy (continued)

Offences and Punishment (continued)

Marginal note:Forfeiture

  •  (1) Where a person is convicted of an offence, the convicting court may, in addition to any punishment imposed, order that any seized thing by means of or in relation to which the offence was committed, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada.

  • Marginal note:Return where no forfeiture ordered

    (2) Where the convicting court does not order the forfeiture, the seized thing, or the proceeds of its disposition, must be returned to its lawful owner or the person lawfully entitled to it.

Marginal note:Retention or sale

 Where 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 sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.

Marginal note:Orders of court

  •  (1) Where a person is convicted of an offence, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order containing one or more of the following prohibitions, directions or requirements:

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

    • (b) directing the person to take any action that the court considers appropriate to remedy or avoid any harm to estuarine, coastal or ocean waters, or their resources that resulted or may result from the commission of the offence;

    • (c) directing the person to publish, in any manner that the court considers appropriate, the facts relating to the commission of the offence;

    • (d) directing the person to pay the Minister or the government of a province compensation, in whole or in part, for the cost of any remedial or preventive action taken by or on behalf of the Minister or that government as a result of the commission of the offence;

    • (e) directing the person to perform community service in accordance with any reasonable conditions that may be specified in the order;

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

    • (g) requiring the person 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;

    • (h) directing the person to post a bond or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section;

    • (i) directing the person to pay, in the manner specified by the court, an amount for monitoring the environmental effects of any activity or marine installation or structure on any marine resource, habitat or ecosystem in any marine protected area;

    • (j) directing the person to pay to Her Majesty in right of Canada an amount of money that the court considers appropriate for the purpose of promoting the conservation, protection or restoration of any marine protected area;

    • (k) directing the person to pay, in a manner specified by the court, an amount to enable research to be conducted with respect to the conservation, protection or restoration of any marine protected area;

    • (l) directing the person to pay, in the manner specified by the court, an amount to environmental or other groups to assist in their work related to marine protected areas; and

    • (m) directing the person to pay, in the manner specified by the court, an amount to an educational institution including for scholarships for students enrolled in studies related to the environment.

  • Marginal note:Debt due to Her Majesty

    (2) If the court makes an order under paragraph (1)(j) directing a person to pay an amount to Her Majesty in right of Canada, the amount constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

  • 1996, c. 31, s. 39.9
  • 2019, c. 8, s. 14

Marginal note:Suspended sentence

  •  (1) Where a person is convicted of an offence and the court suspends the passing of sentence pursuant to the Criminal Code, the court may, in addition to any probation order made on suspending the passing of that sentence, make an order containing one or more of the prohibitions, directions or requirements mentioned in section 39.9.

  • Marginal note:Imposition of sentence

    (2) Where the person does not comply with the order or is convicted of another offence, within three years after the order was made, the court may, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended.

  • 1996, c. 31, s. 39.10
  • 2019, c. 8, s. 15

Marginal note:Limitation period

 Proceedings by way of summary conviction in respect of an offence may be commenced not later than five years after the day on which the offence was committed.

  • 1996, c. 31, s. 39.11
  • 2019, c. 8, s. 16

Marginal note:Procedure

  •  (1) In addition to the procedures set out in the Criminal Code for commencing a proceeding, proceedings in respect of any offence prescribed by the regulations may be commenced by an enforcement officer

    • (a) completing a ticket that consists of a summons portion and an information portion;

    • (b) delivering the summons portion to the accused or mailing it to the accused at the accused’s latest known address; and

    • (c) filing the information portion with a court of competent jurisdiction before the summons portion has been delivered or mailed or as soon as is practicable afterward.

  • Marginal note:Content of ticket

    (2) The summons and information portions of the ticket must

    • (a) set out a description of the offence and the time and place of its alleged commission;

    • (b) include a statement, signed by the enforcement officer who completes the ticket, that the officer has reasonable grounds to believe that the accused committed the offence;

    • (c) set out the amount of the fine prescribed by the regulations for the offence and the manner in which and period within which it may be paid;

    • (d) include a statement that if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; and

    • (e) include a statement that if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court on the day and at the time set out in the ticket.

  • Marginal note:Notice of forfeiture

    (3) Where a thing is seized under this Act and proceedings relating to it are commenced by way of the ticketing procedure, the enforcement officer who completes the ticket shall give written notice to the accused that, if the accused pays the fine prescribed by the regulations within the period set out in the ticket, the thing, or any proceeds of its disposition, will be immediately forfeited to Her Majesty.

  • Marginal note:Consequences of payment

    (4) Where an accused to whom the summons portion of a ticket is delivered or mailed pays the prescribed fine within the period set out in the ticket,

    • (a) the payment constitutes a plea of guilty to the offence and a conviction must be entered against the accused and no further action may be taken against the accused in respect of that offence; and

    • (b) notwithstanding section 39.3, any thing seized from the accused under this Act that relates to the offence, or any proceeds of its disposition, are forfeited to

      • (i) Her Majesty in right of Canada, if the thing was seized by an enforcement officer employed in the federal public administration, or

      • (ii) Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by the government of that province.

  • Marginal note:Regulations

    (5) The Governor in Council may make regulations prescribing

    • (a) offences in respect of which this section applies and the manner in which the offences are to be described in tickets; and

    • (b) the amount of the fine for a prescribed offence, but the amount may not exceed $2,000.

  • 1996, c. 31, s. 39.12
  • 2003, c. 22, s. 224(E)
  • 2019, c. 8, s. 17
 
Date modified: