Rouge National Urban Park Act (S.C. 2015, c. 10)

Marginal note:Land claims agreements

• 21 (1) The Governor in Council may make regulations respecting the carrying on of traditional renewable resource harvesting activities in any area of the Park in the case where an agreement for the settlement of an Aboriginal land claim entered into by the Government of Canada makes provision for those activities in that area or where Aboriginal people have existing Aboriginal or treaty rights to those activities in that area.

• Marginal note:Variation by superintendent

  (2) Regulations made under this section may authorize the superintendent, in the circumstances and subject to the limits that may be specified in the regulations, to vary any requirement of the regulations for purposes of public safety or the protection of natural, cultural, historical or archaeological resources in the Park.

Marginal note:Incorporation by reference

• 22 (1) Regulations made under this Act may incorporate by reference any documents produced by a person or body other than the Minister or the superintendent.

• Marginal note:Reproduced or translated material

  (2) Regulations made under this Act may incorporate by reference documents that the Minister or the superintendent reproduces or translates from documents produced by a body or person other than the Minister or the superintendent

  • (a) with any adaptations of form and reference that will facilitate their incorporation into the regulations; or

  • (b) in a form that sets out only the parts of them that apply for the purposes of the regulations.

• Marginal note:Jointly produced documents

  (3) Regulations made under this Act may incorporate by reference documents that the Minister or the superintendent produces jointly with another government for the purpose of harmonizing the regulations with other laws.

• Marginal note:Internally produced standards

  (4) Regulations made under this Act may incorporate by reference technical or explanatory documents that the Minister or the superintendent produces, including

  • (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and

  • (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.

• Marginal note:Incorporation as amended from time to time

  (5) Documents may be incorporated by reference as amended from time to time.

• Marginal note:For greater certainty

  (6) Subsections (1) to (5) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.

• Marginal note:Accessibility

  (7) The Minister must ensure that any document that is incorporated by reference in the regulations is accessible.

• Marginal note:Defence

  (8) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in the regulations is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (7) or it was otherwise accessible to the person.

• Marginal note:No registration or publication

  (9) For greater certainty, a document that is incorporated by reference in the regulations is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

Enforcement

Marginal note:Designation of park wardens

23 The Minister may designate persons appointed under the Parks Canada Agency Act whose duties include law enforcement to be park wardens for the enforcement of the provisions of this Act and the regulations and for the preservation and maintenance of the public peace in the Park, and for those purposes park wardens are peace officers within the meaning of the Criminal Code.

Marginal note:Designation of enforcement officers

24 The Minister may designate persons or classes of persons who are employed in the federal public administration or by a provincial, municipal or local authority or an Aboriginal government and whose duties include law enforcement to be enforcement officers for the purposes of the enforcement of specified provisions of this Act or the regulations, and for those purposes enforcement officers have the powers of, and are entitled to the protection provided by law to, peace officers within the meaning of the Criminal Code.

Marginal note:Contraventions Act

• 25 (1) The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or an Aboriginal government for the purpose of the enforcement of the provisions of this Act and the regulations that relate to offences that have been designated as contraventions under the Contraventions Act.

• Marginal note:Limitations regarding designations

  (2) The Minister may specify that a designation is in respect of all or specified offences under this Act that have been designated as contraventions under the Contraventions Act.

Marginal note:Certificate of designation and oath

• 26 (1) Every park warden and enforcement officer and every person designated under section 25 must be provided with a certificate of designation in a form approved by the Minister and must take and subscribe an oath prescribed by the Minister.

• Marginal note:Limitations must be specified

  (2) The certificate must specify the limitations, if any, to which the designation is subject.

Marginal note:Right of passage

27 In the discharge of their duties, park wardens and enforcement officers and any persons accompanying them may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.

Marginal note:Immunity

28 Park wardens and enforcement officers are not personally liable for any thing done or omitted to be done in good faith in the exercise or performance of their powers, duties or functions under this Act.

Marginal note:Arrest without warrant

29 A park warden or enforcement officer may, in accordance with the Criminal Code, arrest without warrant any person

• (a) whom the warden or officer finds committing an offence under this Act; or

• (b) who the warden or officer believes, on reasonable grounds, has committed or is about to commit an offence under this Act.

Marginal note:Search and seizure

• 30 (1) A park warden or enforcement officer may

  • (a) enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and

  • (b) seize any thing that the warden or officer believes on reasonable grounds is a thing described in subsection (2).

• Marginal note:Authority to issue warrant

  (2) A justice of the peace may, on ex parte application, issue a warrant authorizing a park warden or enforcement officer named in the warrant to, subject to any conditions specified in it, enter and search any place, including any building or any vehicle, vessel or other conveyance, or open and examine any package or receptacle, if the justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in the place, package or receptacle

  • (a) any thing in relation to which there are reasonable grounds to believe an offence under this Act has been committed; or

  • (b) any thing that there are reasonable grounds to believe will afford evidence with respect to the commission of such an offence.

• Marginal note:Warrant not necessary

  (3) A park warden or enforcement officer may exercise any powers under subsection (1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain one.

Marginal note:Custody of things seized

• 31 (1) Subject to subsections (2) and (3) and sections 43 and 44, if a park warden or enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code,

  • (a) sections 489.1 and 490 of the Criminal Code apply; and

  • (b) the warden or officer, or any person that the warden or officer designates, must retain custody of the thing, subject to any order made under section 490 of the Criminal Code.

• Marginal note:Forfeiture if ownership not ascertainable

  (2) If the lawful ownership of or entitlement to a seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada, if the thing was seized by a park warden or by an enforcement officer employed in the federal public administration, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or an Aboriginal government.

• Marginal note:Perishable things

  (3) If a seized thing is perishable, the park warden or enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after its seizure, in which case they must be retained by the warden or officer pending the outcome of those proceedings.

Marginal note:Liability for costs

32 If a thing is seized under this Act, the person who owned the thing at the time that it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition.

Offences and Penalties

Marginal note:Offence

• 33 (1) Every person who contravenes subsection 17(1) is guilty of an offence and liable

  • (a) on conviction on indictment,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000,

    • (ii) in the case of a corporation, other than one referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and

    • (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation,

      • (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

  • (b) on summary conviction,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not less than $5,000 and not more than $300,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000,

    • (ii) in the case of a corporation, other than one referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and

    • (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation,

      • (A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

• Marginal note:Offence

  (2) Every person who contravenes paragraph 18(2)(a) is guilty of an offence and liable

  • (a) on conviction on indictment,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not less than $7,500 and not more than $500,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $15,000 and not more than $1,000,000,

    • (ii) in the case of a corporation, other than one referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not less than $400,000 and not more than $5,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $800,000 and not more than $10,000,000, and

    • (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation,

      • (A) for a first offence, to a fine of not less than $25,000 and not more than $3,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $6,000,000; or

  • (b) on summary conviction,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not less than $4,000 and not more than $225,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $8,000 and not more than $450,000,

    • (ii) in the case of a corporation, other than one referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not less than $50,000 and not more than $3,000,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $100,000 and not more than $6,000,000, and

    • (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation,

      • (A) for a first offence, to a fine of not less than $15,000 and not more than $1,250,000, and

      • (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,500,000.

• Marginal note:Offence

  (3) Every person who contravenes any of paragraphs 18(2)(b) to (j), any provision of the regulations or any condition of a permit, licence or other authorization issued under the regulations or under section 12 is guilty of an offence and liable

  • (a) on conviction on indictment,

    • (i) in the case of an individual,

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

      • (B) for a second or subsequent offence, to a fine of not more than $200,000,

    • (ii) in the case of a corporation, other than one referred to in subparagraph (iii),

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

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

    • (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation,

      • (A) for a first offence, to a fine of not more than $250,000, and

      • (B) for a second or subsequent offence, to a fine of not more than $500,000; or

  • (b) on summary conviction,

    • (i) in the case of an individual,

      • (A) for a first offence, to a fine of not more than $25,000, and

      • (B) for a second or subsequent offence, to a fine of not more than $50,000,

    • (ii) in the case of a corporation, other than one referred to in subparagraph (iii),

      • (A) for a first offence, to a fine of not more than $250,000, and

      • (B) for a second or subsequent offence, to a fine of not more than $500,000, and

    • (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation,

      • (A) for a first offence, to a fine of not more than $50,000, and

      • (B) for a second or subsequent offence, to a fine of not more than $100,000.