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ARREST, SEARCH AND SEIZURE |
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Arrest without
warrant -
park wardens
and peace
officers
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18. (1) A park warden or peace officer may,
in accordance with the Criminal Code, arrest
without warrant any person
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Arrest without
warrant -
enforcement
officers
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(2) An enforcement officer may, in
accordance with the Criminal Code, arrest
without warrant any person
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Search and
seizure
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19. (1) A park warden, peace officer or
enforcement officer may
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Authority to
issue warrant
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(2) Where on ex parte application a justice
of the peace 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, whether in or outside
the park,
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the justice of the peace may issue a warrant
authorizing the peace officer, park 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
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(3) A park warden, peace officer 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 feasible to obtain one.
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OFFENCES AND PUNISHMENT |
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Contravention
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20. (1) Every person who contravenes this
Act or the regulations is guilty of
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Orders of
court
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(2) Where a person is convicted of an
offence under this Act, in addition to any
punishment imposed, the court may, having
regard to the nature of the offence and the
circumstances surrounding its commission,
make an order containing any one or more of
the following prohibitions, directions or
requirements:
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Continuing
offences
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21. Where 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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Limitation or
prescription
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22. (1) Any proceedings by way of
summary conviction may be instituted within
two years after the time when the
subject-matter of the proceedings becomes
known to the Minister.
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Minister's
certificate
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(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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TICKETABLE OFFENCES |
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Ticketing
procedure
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23. (1) In addition to the procedures set out
in the Criminal Code for commencing a
proceeding, proceedings in respect of any
prescribed offence may be commenced by a
peace officer, park warden or enforcement
officer by
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Content of
ticket
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(2) The summons and information portions
of a ticket shall
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Notice of
forfeiture
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(3) Where a thing is seized under this Act
and proceedings relating to it are commenced
by way of the ticketing procedure, the peace
officer, park warden or enforcement officer
who completed the ticket shall give written
notice to the accused that if the accused pays
the prescribed fine within the period set out in
the ticket, the thing, or any proceeds realized
from its disposition, shall immediately be
forfeited to Her Majesty.
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Consequences
of payment
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(4) Where an accused to whom the
summons portion of a ticket is delivered or
mailed pays the prescribed fine within the
period set out in the ticket,
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OTHER REMEDIES |
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Injunction
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24. (1) Whether or not there are other
proceedings with respect to offences under
this Act or the regulations, Her Majesty in
right of Canada may undertake or continue
proceedings seeking to prevent the
commission of such offences.
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Civil remedies
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(2) No civil remedy for an act or omission
is suspended by reason only that the act or
omission is an offence under this Act or the
regulations.
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CONSEQUENTIAL AMENDMENT |
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1992, c. 47
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Contraventions Act |
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25. The schedule to the Contraventions
Act is amended by adding the following
after section 2:
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Saguenay-St. Lawrence Marine Park Act |
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2.1 Section 17 is amended by adding the
word ``and'' at the end of paragraph (l) and
by repealing paragraphs (n) and (o).
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2.2 Section 23 and the heading before it
are repealed.
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TRANSITIONAL PROVISION |
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Permits
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26. Permits in force on the date of the
coming into force of this Act remain in force
until their expiry dates unless the activities
authorized under the permits contravene
this Act or the regulations.
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COMING INTO FORCE |
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Coming into
force
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27. This Act comes into force on a day to
be fixed by order of the Governor in
Council.
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