Trespass on Territorial Lands (continued)
Marginal note:Offences and punishment — trespassing
21 (1) A person who remains on territorial lands, returns to them or assumes any possession or occupancy of them after having been ordered to vacate them under section 20 or after having been removed from them under that section is guilty of an offence and liable on summary conviction
(a) for a first offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both; and
(b) for a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.
Marginal note:Continuing offences
(2) An offence under subsection (1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.
- R.S., 1985, c. T-7, s. 21
- 2014, c. 2, s. 76
22 The order or judgment of a judge of the Court in any action or proceedings under this Act is subject to an appeal by a party to the action or proceedings in the same manner as any other order or judgment of a judge of the Court.
- R.S., c. T-6, s. 18
Powers of the Governor in Council
Marginal note:Powers of Governor in Council
23 The Governor in Council may
(a) on setting out the reasons for withdrawal in the order, order the withdrawal of any tract or tracts of territorial lands from disposal under this Act;
(b) set apart and appropriate territorial lands for the sites of places of public worship, burial grounds, schools, market places, jails, court houses, town halls, public parks or gardens, hospitals, harbours, landings, bridge sites, airports, landing fields, railway stations, town-sites, historic sites or for other public purposes and, at any time before the issue of a grant, alter or revoke those appropriations;
(c) order that grants or leases for a nominal consideration be made of the lands appropriated under paragraph (b) and that there be expressed in any grant or lease the trusts and uses to which the territorial lands granted or leased thereby are subject;
(d) set apart and appropriate such areas or lands as may be necessary
(i) to enable the Government of Canada to fulfil its obligations under treaties with the Indians and to make free grants or leases for that purpose, or
(ii) for any other purpose that the Governor in Council may consider to be conducive to the welfare of the Indians;
(e) set apart and appropriate territorial lands for use as game preserves, game sanctuaries, bird sanctuaries, public shooting grounds, public resorts or for any other similar public purpose;
(f) authorize the acquisition by any railway, power company or pipeline company, on and subject to such terms and conditions as may be deemed proper, of a right-of-way for a road bed, for transmission lines or for pipelines through territorial lands together with such other territorial lands as may be deemed necessary for stations, station grounds, workshops, buildings, yards, pumps, tanks, reservoirs or other appurtenances in connection therewith;
(g) divide territorial lands into mining districts and land districts;
(h) make regulations or orders with respect to any question affecting territorial lands under which persons designated in the regulations or orders may inquire into such a question and may, for the purposes of the inquiry, summon and bring before them any person whose attendance they consider necessary to the inquiry, examine that person under oath, compel the production of documents and do all things necessary to provide a full and proper inquiry;
(i) prescribe a tariff of fees for copies of maps, plans, field notes, documents, papers and other records pertaining to territorial lands, and for the preparation of documents evidencing a sale, lease or other disposition of territorial lands and for the registration of any documents pertaining to territorial lands;
(j) make regulations respecting the protection, control and use of the surface of territorial lands;
(k) prescribe the form of the notification that may be issued pursuant to section 9 and the fee for the issue thereof; and
(l) make such orders and regulations as are deemed necessary to carry out the purposes and provisions of this Act.
- R.S., 1985, c. T-7, s. 23
- 1992, c. 1, s. 144(F)
- 1994, c. 26, s. 68
- 2002, c. 7, s. 246
Marginal note:Publication in the Canada Gazette
24 A copy of
(a) each order setting apart and appropriating any territorial lands as a land management zone that the Governor in Council proposes to make under section 4, and
(b) each regulation or amendment to a regulation that the Governor in Council proposes to make under section 5 or paragraph 23(j),
shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to all interested persons to make representations to the Minister with respect thereto.
- R.S., c. 48(1st Supp.), s. 26
Marginal note:Effect of receipt
25 A receipt for payment made on the filing of an application to purchase or lease land does not entitle the person making the payment to take, occupy or use the land described in the receipt.
- R.S., c. T-6, s. 20
Marginal note:Execution of documents
26 Any lease, agreement, licence, permit or notice of cancellation issued or made pursuant to this Act and any consent to any assignment of any such lease, agreement, licence or permit may be executed on behalf of the Crown by the Minister, the Deputy Minister or by any other officer of the Department authorized in writing for the purpose by the Minister.
- R.S., c. T-6, s. 21
27 Whenever interest is payable under or by virtue of this Act or for or on account of any claim, matter or thing arising under any provision of this Act, the rate of interest shall be five per cent per annum, whether that interest is payable under the terms of any sealed or unsealed instrument or not.
- R.S., c. T-6, s. 22
28 The Minister may prescribe forms of leases, agreements of sale, licences and other documents required for use under this Act, but not including instruments issued under the Great Seal.
- R.S., c. T-6, s. 23
Marginal note:Government employees
29 (1) Except by or under the authority of an order of the Governor in Council, no officer or employee of or under the Government of Canada shall
(a) directly or indirectly, in his own name or in the name of any other person, purchase or acquire any territorial land or any interest therein; or
(b) be interested as shareholder or otherwise in any corporation that purchases, acquires or holds any territorial land or any interest therein.
Marginal note:Order of Governor in Council
(2) An order of the Governor in Council made under subsection (1) that relates to any interest as shareholder or otherwise in a corporation may apply
(a) to a particular interest in a particular corporation described in the order or to interests in a class or classes of corporations described therein; and
(b) where the order so specifies, to a particular interest or to interests acquired before the making of the order.
- R.S., c. T-6, s. 24
- 1974-75-76, c. 52, s. 1
Marginal note:Offence and punishment
30 (1) Every person who contravenes any provision of this Act or any regulation for which no other punishment is provided is guilty of an offence punishable on summary conviction.
(2) [Repealed, 2002, c. 7, s. 247]
- R.S., 1985, c. T-7, s. 30
- 2002, c. 7, s. 247
Marginal note:Deeming — subsequent offences
31 (1) For the purposes of subsections 7(1.1) and 21(1), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under any Act of Parliament — or any Act of the legislature of a province — that relates to environmental or wildlife conservation or protection.
(2) Subsection (1) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under any Act of the legislature of a province.
- 2014, c. 2, s. 77
Administration and Enforcement
32 (1) The Minister may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of this Act.
Marginal note:Certificate of designation
(2) An enforcement officer is to receive a certificate attesting to their designation and must, on request, present the certificate to any person appearing to be in charge of any place that the enforcement officer enters under subsection 33(1).
- 2014, c. 2, s. 77
Marginal note:Authority to enter
33 (1) An enforcement officer may, for a purpose related to verifying compliance with this Act, enter any place in which the enforcement officer has reasonable grounds to believe there is any document, information or other thing to which this Act applies.
Marginal note:Powers on entry
(2) The enforcement officer may, for that purpose,
(a) examine any document, information or other thing that is in the place and open or cause to be opened any container or other thing;
(b) test or cause to be tested anything that is in the place;
(c) take samples of anything that is in the place;
(d) use, or cause to be used, any computer system in the place to examine any information contained in or available to the system;
(e) reproduce, or cause to be reproduced, any information in the form of a printout, or other intelligible output, and remove the printout, or other output, for examination or copying;
(f) use, or cause to be used, any copying equipment or means of telecommunication at the place;
(g) take photographs and make recordings or sketches;
(h) order the owner or person in charge of the place or any person at the place to establish their identity to the enforcement officer’s satisfaction or to stop or start an activity;
(i) order the owner or person having possession, care or control of anything that is in the place to not move it, or to restrict its movement, for as long as, in the enforcement officer’s opinion, is necessary;
(j) direct any person to put any machinery, vehicle or equipment that is in the place into operation or to cease operating it; and
(k) prohibit or limit access to all or part of the place.
Marginal note:Duty to assist
(3) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the enforcement officer to perform their functions under this section and must provide any documents or information, and access to any data, that are reasonably required for that purpose.
Marginal note:Enforcement officer may be accompanied
(4) The enforcement officer may be accompanied by any other person that they believe is necessary to help them perform their functions under this section.
(5) An enforcement officer must not enter any place designed to be used and being used as a permanent or temporary private dwelling-place.
- 2014, c. 2, s. 77
Marginal note:Private property
34 An enforcement officer and any person accompanying them may enter private property, other than a dwelling-place, and pass through it in order to gain entry to any place referred to in subsection 33(1).
- 2014, c. 2, s. 77
Marginal note:False or misleading information
35 (1) A person must not knowingly make a false or misleading statement or provide false or misleading information, in connection with any matter under this Act, to an enforcement officer who is performing their functions under section 33.
Marginal note:Obstruction or hindrance
(2) A person must not obstruct or hinder an enforcement officer who is performing their functions under section 33.
- 2014, c. 2, s. 77
Administrative Monetary Penalties
36 (1) The Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 37 to 55, including regulations
(a) designating as a violation that may be proceeded with in accordance with this Act
(i) the contravention of any specified provision of this Act or of its regulations,
(ii) the contravention of any order, direction or decision — or of any order, direction or decision of a specified class — made under this Act, or
(iii) the failure to comply with a term or condition of any permit or licence — or of any permit or licence of a specified class — issued under this Act;
(b) respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation;
(c) establishing the form and content of notices of violations;
(d) respecting the service of documents required or authorized under this Act, including the manner and proof of service and the circumstances under which documents are considered to be served; and
(e) respecting reviews by the Minister in respect of a notice of violation.
Marginal note:Maximum amount of penalty
(2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation must not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person.
- 2014, c. 2, s. 77
Marginal note:Who may issue notices
37 Persons who are designated as enforcement officers under section 32 are authorized to issue notices of violation.
- 2014, c. 2, s. 77
Marginal note:Commission of violation
38 (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 36(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations.
Marginal note:Purpose of penalty
(2) The purpose of the penalty is to promote compliance with this Act and not to punish.
- 2014, c. 2, s. 77
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