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

Act current to 2021-06-28 and last amended on 2019-02-01. Previous Versions

Offences and Penalties (continued)

Marginal note:Orders of court

  •  (1) If a person is convicted of an offence under this Act, 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 having any or all of the following effects:

    • (a) prohibiting the person 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) directing the person to take any action that the court considers appropriate to remedy or avoid any damage to any resources in the Park that resulted or may result from the commission of the offence;

    • (c) directing the person to compensate any person, monetarily or otherwise, in whole or in part, for the cost of any remedial or preventive action that is taken, that is caused to be taken or that is to be taken as a result of the act or omission that constituted the offence, including the costs of assessing the appropriate remedial or preventive action;

    • (d) 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 mentioned in this section;

    • (e) directing the person to prepare and implement a pollution prevention plan or an environmental emergency plan;

    • (f) directing the person to carry out, in the manner established by the Minister, monitoring of the environmental effects of any activity or works on resources in the Park or directing the person to pay, in the manner specified by the court, an amount of money for that purpose;

    • (g) directing the person to implement an environmental management system approved by the Minister;

    • (h) directing the person to have an environmental audit conducted by a person of a class specified by the Minister at the times specified by the Minister and to remedy any deficiencies revealed during the audit;

    • (i) 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 protection, conservation or restoration of the Park;

    • (j) directing the person to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;

    • (k) directing the person to notify, at the person’s own cost and in the manner specified by the court, any person aggrieved or affected by the person’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;

    • (l) directing the person to submit to the Minister, if requested to do so by the Minister at any time within three years after the date of conviction, any information with respect to the person’s activities that the court considers appropriate in the circumstances;

    • (m) directing the person to perform community service, subject to any reasonable conditions that are imposed in the order;

    • (n) directing the person to pay, in the manner specified by the court, an amount of money to enable research to be conducted into the protection, conservation or restoration of the Park;

    • (o) requiring the person to surrender to the Minister any permit, licence or other authorization issued to the person under this Act;

    • (p) prohibiting the person from applying for any new permit, licence or other authorization under this Act during any period that the court considers appropriate;

    • (q) directing the person to pay, in the manner specified by the court, an amount of money to environmental or other groups, to assist in their work related to the Park;

    • (r) directing the person to pay, in the manner specified by the court, an amount of money to an educational institution, including for scholarships for students enrolled in studies related to the environment; and

    • (s) requiring the person to comply with any other conditions that the court considers appropriate.

  • Marginal note:Suspended sentence

    (2) If a person is convicted of an offence under this Act and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order referred to in subsection (1).

  • Marginal note:Imposition of sentence

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

  • Marginal note:Publication

    (4) If a person fails to comply with an order made under paragraph (1)(j), the Minister may, in the manner that the court directed the person to do so, publish the facts relating to the commission of the offence and the details of the punishment imposed and recover the costs of publication from the person.

  • Marginal note:Debt due to Her Majesty

    (5) If the court makes an order under paragraph (1)(c) or (i) directing a person to pay an amount of money to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (4), the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

  • Marginal note:Enforcement

    (6) If the court makes an order under paragraph (1)(c) directing a person to pay an amount of money to any person other than Her Majesty in right of Canada and the amount is not paid without delay, that other person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the person who was directed to pay the amount in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

  • Marginal note:Cancellation or suspension of permits, etc.

    (7) If the court makes an order under paragraph (1)(o), any permit, licence or other authorization to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate.

  • Marginal note:Coming into force and duration of order

    (8) An order made under subsection (1) comes into force on the day on which it is made or on any other day that the court may determine and must not continue in force for more than three years after that day unless the court provides otherwise in the order.

Marginal note:Compensation for loss of property

  •  (1) If a person has been convicted of an offence under this Act, the court may, at the time sentence is imposed and on the application of the person aggrieved, order the offender to pay to the aggrieved person an amount of money by way of satisfaction or compensation for loss of or damage to property suffered by that person as a result of the commission of the offence.

  • Marginal note:Enforcement

    (2) If the amount ordered to be paid under subsection (1) is not paid without delay, the aggrieved person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

Marginal note:Compensation for cost of remedial or preventive action

  •  (1) A court must not, under paragraph 46(1)(c), order a person convicted of an offence to compensate another person for the cost of any remedial or preventive action referred to in that paragraph if the other person is entitled to make a claim for compensation for that cost under the Marine Liability Act.

  • Marginal note:Compensation for loss or damage — property

    (2) A court must not, under subsection 47(1), order a person convicted of an offence to pay to another person an amount of money by way of satisfaction or compensation for loss of or damage to property if the other person is entitled to make a claim for compensation for that loss or damage under the Marine Liability Act.

Marginal note:Limitation period

 No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years.

Marginal note:Contraventions Act

 If an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention.

Marginal note:Publication of information about contraventions

  •  (1) For the purpose of encouraging compliance with this Act, the Minister must publish, in a registry accessible to the public, information about all convictions of corporations for offences under this Act.

  • Marginal note:Retention

    (2) Information in the registry is to be maintained for a minimum of five years.

 
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