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

Act current to 2020-11-02 and last amended on 2019-02-01. Previous Versions

Enforcement (continued)

Marginal note:Liability for costs

 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

  •  (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.

 
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