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| No disposition
or use without
authority
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12. Except as permitted by this Act or the
regulations,
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(a) no interest in public lands in a marine
conservation area may be disposed of; and
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(b) no person shall use or occupy public
lands in a marine conservation area.
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| Exploration
and
exploitation
|
13. No person shall explore for or exploit
hydrocarbons, minerals, aggregates or any
other inorganic matter within a marine
conservation area.
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| Disposal of
substances
|
14. (1) No person shall dispose of any
substance in waters within a marine
conservation area except as authorized by a
permit issued by a superintendent pursuant to
this Act or, in the case of waters to which
subsection 125(1) of the Canadian
Environmental Protection Act, 1999 applies,
authorized by section 130 of that Act or by a
permit issued by the Minister of the
Environment pursuant to section 127 or 128 of
that Act.
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| Permits under
CEPA, 1999
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(2) No permit may be issued under section
127 or 128 of the Canadian Environmental
Protection Act, 1999 for disposal in the waters
of a marine conservation area except with the
concurrence of the Minister.
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| Permits and
authorizations
|
15. (1) To the extent authorized by the
regulations, the superintendent of a marine
conservation area may issue, amend, suspend
and revoke permits and other authorizing
instruments for activities that are consistent
with the management plan or interim
management plan in the marine conservation
area.
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| Fishing
licences
|
(2) A fishing licence issued under the
Fisheries Act is deemed to be a permit issued
under this Act to carry out the activities
permitted by the licence, subject to
regulations made under subsection 16(1) on
the recommendation of the Minister and the
Minister of Fisheries and Oceans.
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| Superintenden
t may not
amend
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(3) For greater certainty, the superintendent
of a marine conservation area may not amend,
suspend or revoke a fishing licence issued
under the Fisheries Act.
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| Regulations
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16. (1) The Governor in Council may make
regulations, consistent with international law,
for the control and management of any or all
marine conservation areas, including
regulations
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(a) for the protection of ecosystems and the
elements of ecosystems;
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(b) for the protection of cultural, historical
and archaeological resources;
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(c) for the management and control of
renewable resource harvesting activities;
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(d) respecting the delimitation of zones
within marine conservation areas;
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(e) restricting or prohibiting activities or
regulating the use of facilities in marine
conservation areas or in any zones;
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(f) respecting the issuance, amendment,
suspension and revocation of permits and
other authorizing instruments pursuant to
section 15, including the number of persons
who may hold any class of permits or other
instruments and the authority of
superintendents to impose conditions on
holders of permits or other instruments;
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(g) respecting the determination of fees,
rates, rents and other charges for the use of
resources, facilities and services and the
issuance and amendment of permits and
other authorizing instruments;
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(h) authorizing the granting, and the
surrender or relinquishment, of leases,
licences, easements or servitudes, of or over
public lands in marine conservation areas
for uses compatible with section 4;
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(i) respecting the safety of the public;
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(j) for the control of the flight of aircraft to
prevent danger or disturbances to wildlife
and wildlife habitat, and respecting the
takeoff, landing and taxiing of aircraft;
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(k) for the control of scientific research
activities;
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(l) authorizing the disposal of waste or other
matter by persons holding permits for that
purpose, in the manner and to the extent
specified in the regulations, in waters of a
marine conservation area to which
subsection 125(1) of the Canadian
Environmental Protection Act, 1999 does
not apply; and
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(m) exercising, in relation to marine
conservation areas, any of the powers to
make regulations conferred on the
Governor in Council by the Canada
National Parks Act.
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| Search and
rescue
operations
|
(1.1) Regulations made under this section
do not apply in respect of search and rescue
operations carried out by any federal
authority.
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| Fisheries,
aquaculture
and marine
matters
|
(2) Regulations under this section
respecting fisheries management and
conservation or that restrict or prohibit fishing
or aquaculture, marine navigation or activities
related to marine safety may be made only on
the recommendation of the Minister and the
Minister of Fisheries and Oceans.
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| Marine
matters
|
(3) Regulations under this section that
restrict or prohibit marine navigation or
activities related to marine safety, to the extent
that such regulations can be made on the
recommendation of the Minister of Transport
under the Canada Shipping Act or the Arctic
Waters Pollution Prevention Act, may only be
made on the recommendation of the Minister
and the Minister of Transport.
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| Air navigation
|
(4) Regulations under paragraph (1)(j) that
restrict or prohibit air navigation may be made
only on the recommendation of the Minister
and the Minister of Transport.
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| Conflicts
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(5) Regulations referred to in subsection
(2), (3) or (4) prevail over regulations made
under the Fisheries Act, the Coastal Fisheries
Protection Act, the Canada Shipping Act, the
Arctic Waters Pollution Prevention Act, the
Navigable Waters Protection Act or the
Aeronautics Act to the extent of any conflict
between them.
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| Exemption of
ship and air
movements
and activities
|
17. The Governor in Council may, by
regulation, exempt from any regulation made
under section 16 or from any provision
thereof, subject to any conditions that the
Governor in Council considers appropriate,
movements or activities of a ship or aircraft,
or of a class of ships or aircraft, owned by or
operated by or on behalf of Her Majesty in
right of Canada, or owned or operated by Her
Majesty in right of a province or by a foreign
state, if so recommended by the Minister and
any other minister of the Crown having
responsibility in relation to the movement or
activity and if the Governor in Council is
satisfied that the exemption is necessary
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(a) in the interests of Canadian sovereignty
or security; or
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(b) for the conduct of any maritime activity
by Canada, a province or a foreign state that
is consistent with the purposes of this Act.
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| Designation
of marine
conservation
area wardens
|
18. The Minister may designate persons
appointed under the Parks Canada Agency
Act whose duties include the enforcement of
this Act to be marine conservation area
wardens
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(a) for the enforcement of this Act and the
regulations in any part of Canada or the
exclusive economic zone of Canada, and
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(b) for the preservation and maintenance of
the public peace in marine conservation
areas, except in any portion of them situated
within the exclusive economic zone of
Canada,
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and marine conservation area wardens are, for
those purposes, peace officers within the
meaning of the Criminal Code.
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| Designation
of
enforcement
officers
|
19. The Minister may designate persons or
classes of persons employed in the public
service of Canada or by a provincial,
municipal or local authority or an aboriginal
government, whose duties include law
enforcement, to be enforcement officers for
the purpose of the enforcement of specified
provisions of this Act or the regulations in
specified marine conservation areas, and for
that purpose enforcement officers have the
powers and are entitled to the protection
provided by law to peace officers within the
meaning of the Criminal Code.
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| Certificate of
designation
and oath
|
20. (1) Every marine conservation area
warden and enforcement officer shall be
provided with a certificate of designation in a
form approved by the Minister and shall take
and subscribe an oath prescribed by the
Minister.
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| Limitation of
powers
|
(2) A certificate of designation provided to
an enforcement officer shall specify the
provisions of this Act or the regulations that
the enforcement officer has the power to
enforce and the marine conservation areas in
which that power applies.
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| Crossing
private
property
|
(3) In the discharge of their duties, marine
conservation area wardens, enforcement
officers and persons accompanying them may
enter on and pass through or over private
property.
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| Arrest by
warden or
officer
|
21. (1) A marine conservation area warden
or enforcement officer may, in accordance
with and subject to the Criminal Code, arrest
without warrant any person whom the warden
or officer finds committing an offence under
this Act or who, on reasonable grounds, the
warden or officer believes has committed or is
about to commit an offence under this Act.
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| Arrest by
warden
|
(2) A marine conservation area warden
may, in accordance with and subject to the
Criminal Code, arrest without warrant any
person whom the warden finds committing an
offence under any other Act in a marine
conservation area, except in any portion of it
situated within the exclusive economic zone
of Canada.
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| Search and
seizure
|
22. (1) A marine conservation area warden
or enforcement officer may
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(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
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(b) seize any thing that the warden or officer
believes on reasonable grounds is a thing
described in subsection (2).
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| Authority to
issue warrant
|
(2) If a justice of the peace, on ex parte
application, is satisfied by information on oath
that there are reasonable grounds to believe
that there is in any place, including any
building, boat or other conveyance, or in any
package or receptacle,
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(a) any thing in relation to which there are
reasonable grounds to believe an offence
under this Act or the regulations has been
committed, or
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(b) any thing that there are reasonable
grounds to believe will afford evidence with
respect to the commission of such an
offence,
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the justice of the peace may issue a warrant
authorizing a marine conservation area
warden or enforcement officer named in the
warrant to enter and search the place or to open
and examine the package or receptacle,
subject to any conditions specified in the
warrant.
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| Where
warrant not
necessary
|
(3) A marine conservation area 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.
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| Custody of
things seized
|
23. (1) Subject to subsections (2) and (3)
and sections 25 and 26, where a marine
conservation area warden or enforcement
officer seizes a thing under this Act or under
a warrant issued pursuant to the Criminal
Code,
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(a) sections 489.1 and 490 of the Criminal
Code apply; and
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(b) the warden or officer, or any person that
the warden or officer may designate, shall
retain custody of the thing subject to any
order made under section 490 of the
Criminal Code.
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| Forfeiture
where
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 marine conservation area warden
or enforcement officer employed in the public
service of Canada, 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.
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| Perishable
things
|
(3) Where a seized thing is perishable, the
marine conservation area warden or
enforcement officer may dispose of it or
destroy it, and any proceeds of its disposition
shall 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, or
shall be retained by the warden or officer
pending the outcome of those proceedings.
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| Contravention
of Act or
regulations
|
24. (1) Every person who contravenes a
provision of this Act or the regulations, or a
condition of a permit or other authorizing
instrument issued pursuant to the regulations,
is
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(a) guilty of an offence punishable on
summary conviction and liable to a fine not
exceeding $100,000; or
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(b) guilty of an indictable offence and liable
to a fine not exceeding $500,000.
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| Continuing
offences
|
(2) If a contravention of this Act or the
regulations is committed or continued on
more than one day, it constitutes a separate
offence for each day on which it is committed
or continued.
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| Injunction
|
(3) Whether or not proceedings have been
commenced with respect to an offence under
this Act, Her Majesty in right of Canada may
undertake or continue proceedings to prevent
conduct that constitutes such an offence.
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| Forfeiture of
things seized
|
25. (1) When a person is convicted of an
offence under this Act, 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.
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| Return where
no forfeiture
ordered
|
(2) If the convicting court does not order the
forfeiture, a seized thing or the proceeds of its
disposition shall be returned to its lawful
owner or the person lawfully entitled to it.
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| Retention or
sale
|
(3) If a fine is imposed on a person
convicted of an offence under this Act, 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.
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| Disposition by
Minister
|
26. Any seized thing that has been forfeited
under this Act to Her Majesty in right of
Canada or abandoned by its owner may be
dealt with and disposed of as the Minister may
direct.
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| Orders of
court
|
27. (1) When 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
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(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;
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(b) directing the person to take any action
the court considers appropriate to remedy
or avoid any harm to any element of the
ecosystems of a marine conservation area
that resulted or may result from the
commission of the offence;
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(c) directing the person to pay the Minister
an amount of money as compensation, in
whole or in part, for the cost of any remedial
or preventive action taken by or caused to
be taken on behalf of the Minister as a result
of the commission of the offence;
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(d) directing the person to post a bond or pay
into court an amount of money the court
considers appropriate for the purpose of
ensuring compliance with any prohibition,
direction or requirement mentioned in this
section; or
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(e) requiring the person to comply with any
other conditions that the court considers
appropriate.
|
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| Suspended
sentence
|
(2) Where 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).
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| Imposition of
sentence
|
(3) If the person does not comply with the
order 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.
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| Limitation or
prescription
|
28. (1) Proceedings by way of summary
conviction may be commenced not later than
two years after the day on which the
subject-matter of the proceedings becomes
known to the Minister.
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| Minister's
certificate
|
(2) A document purporting to have been
issued by the Minister, certifying the day on
which the subject-matter of any proceedings
became known to the Minister, is admissible
in evidence without proof of the signature or
official character of the person appearing to
have signed the document and is evidence of
the matters asserted in it.
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