| Documents
admissible in
evidence
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58. (1) A document made, given or issued
under this Act and appearing to be signed by
an analyst is admissible in evidence and, in the
absence of evidence to the contrary, is proof of
the statements contained in the document
without proof of the signature or official
character of the person appearing to have
signed the document.
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| Attendance of
analyst
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(2) The party against whom the document is
produced may, with leave of the court, require
the attendance of the analyst who signed it.
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| Notice
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(3) No document referred to in subsection
(1) may be received in evidence unless the
party intending to produce it has given to the
party against whom it is intended to be
produced reasonable notice of that intention
together with a copy of the document.
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| Injunction
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59. (1) If, on the application of the Minister,
it appears to a court of competent jurisdiction
that a person or Canadian vessel in Canada, or
a Canadian, Canadian vessel or permit holder
in the Antarctic, has done, is about to do or is
likely to do any act or thing constituting or
directed toward the commission of an offence
under this Act, the court may issue an
injunction ordering any person or vessel
named in the application
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(a) to refrain from doing any act or thing
that, in the opinion of the court, may
constitute or be directed toward the
commission of an offence under this Act; or
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(b) to do any act or thing that, in the opinion
of the court, may prevent the commission of
an offence under this Act.
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| Notice
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(2) No injunction may be issued under
subsection (1) unless 48 hours notice is given
to the party or parties named in the application
or the urgency of the situation is such that
service of notice would not be in the public
interest.
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| Proof of
offence
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60. (1) In any prosecution of an offence
under this Act, it is sufficient proof of the
offence to establish that it was committed by
an employee or agent of the accused, whether
or not the employee or agent is identified or
prosecuted for the offence.
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| Proof of
offence
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(2) In any prosecution of the master of a
Canadian vessel or the pilot in command of a
Canadian aircraft for an offence under this
Act, it is sufficient proof of the offence to
establish that it was committed by a crew
member or other person on board the vessel or
aircraft, whether or not the crew member or
other person is identified or prosecuted for the
offence.
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| Additional
fine
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61. If a person is convicted of an offence and
the court is satisfied that monetary benefits
accrued to the person as a result of the
commission of the offence, the court may
order the person to pay an additional fine in an
amount equal to the court's estimation of the
amount of the monetary benefits, which
additional fine may exceed the maximum
amount of any fine that may otherwise be
imposed under this Act.
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| Importing
substances by
analysts
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62. The Minister may, subject to any
reasonable condition specified by the
Minister, authorize in writing an analyst to
import, possess and use a substance for the
purpose of conducting measurements, tests
and research with respect to the substance.
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| Sentencing
considerations
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63. In addition to the principles set out in
sections 718 to 718.2 of the Criminal Code
and any other principles it is required to
consider, a court that imposes a sentence must
take the following factors into account:
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(a) the unique characteristics and global
importance of the Antarctic environment
and dependent and associated ecosystems;
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(b) the harm or risk of harm caused by the
commission of the offence;
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(c) an estimate of the total costs to remedy
or reduce any damages caused by the
commission of the offence;
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(d) whether any remedial or preventive
action has been taken or proposed by or on
behalf of the offender;
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(e) whether any reporting requirements
under this Act or the regulations were
complied with by the offender;
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(f) whether the offender was found to have
committed the offence intentionally,
recklessly or inadvertently;
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(g) whether the offender was found by the
court to have been negligent or to have
shown a lack of concern with respect to the
commission of the offence;
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(h) any property, benefit or advantage
received or receivable by the offender to
which, but for the commission of the
offence, the offender would not have been
entitled;
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(i) any evidence from which the court may
reasonably conclude that the offender has a
history of non-compliance with legislation
designed to prevent or minimize harm to the
environment; and
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(j) all available sanctions that are
reasonable in the circumstances.
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| Absolute or
conditional
discharge
|
64. (1) If an offender has pleaded guilty to
or been found guilty of an offence, the court
may, instead of convicting the offender, by
order direct that the offender be discharged
absolutely or on conditions having any or all
of the effects described in paragraphs 66(1)(a)
to (n).
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| Conditions of
order
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(2) If an order is made under subsection (1)
and the offender contravenes or fails to
comply with it, or is convicted of an offence
under this Act, the prosecutor may apply to the
court to revoke the discharge, convict the
offender of the offence to which the discharge
relates and impose any sentence that could
have been imposed if the offender had been
convicted at the time the order was made.
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| Suspended
sentence
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65. (1) If an offender is convicted of an
offence under this Act, the court may suspend
the passing of sentence and may, having
regard to the nature of the offence and the
circumstances surrounding its commission,
make an order under section 66.
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| Application
by prosecutor
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(2) If the passing of sentence has been
suspended under subsection (1) and the
offender contravenes or fails to comply with
an order made under section 66, or is
convicted of an offence under this Act, the
prosecutor may apply to the court to impose
any sentence that could have been imposed if
the passing of sentence had not been
suspended.
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| Orders of
court
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66. (1) If an offender has been convicted of
an offence under this Act, in addition to any
other punishment that may be imposed under
this Act, the court may, 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:
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(a) prohibiting the offender from doing any
act or engaging in any activity that may
result in the continuation or repetition of the
offence;
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(b) directing the offender to take any action
that the court considers appropriate to
remedy or avoid any harm to the
environment that results or may result from
the act or omission that constituted the
offence;
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(c) directing the offender to carry out
environmental effects monitoring in the
manner established by the Minister or
directing the offender to pay, in the manner
prescribed by the court, an amount for the
purposes of environmental effects
monitoring;
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(d) directing the offender to have an
environmental audit conducted by a person
of a class and at the times specified by the
court and directing the offender to remedy
any deficiencies revealed during the audit;
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(e) directing the offender to publish, in the
manner directed by the court, the facts
relating to the conviction;
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(f) directing the offender to notify, at the
offender's own cost and in the manner
directed by the court, any person aggrieved
or affected by the offender's conduct of the
facts relating to the conviction;
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(g) directing the offender to post any bond
or pay any amount of money into court that
will ensure compliance with any order
made under this section;
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(h) directing the offender to submit to the
Minister, on application by the Minister
made within three years after the date of
conviction, any information with respect to
the offender's activities that the court
considers appropriate and just in the
circumstances;
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(i) directing the offender to compensate the
Minister, 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 act or omission
that constituted the offence;
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(j) directing the offender to perform
community service, subject to any
reasonable conditions that may be imposed
in the order;
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(k) directing that the amount of any fine be
allocated, subject to the Criminal Code, in
accordance with any directions of the court
that are made on the basis of the harm or risk
of harm caused by the commission of the
offence;
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(l) directing the offender to pay, in the
manner prescribed by the court, an amount
for the purposes of conducting research
with respect to the Antarctic;
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(m) directing the offender to pay, in the
manner prescribed by the court, an amount
to an educational institution for
scholarships for students enrolled in
environmental studies; and
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(n) requiring the offender to comply with
any other reasonable conditions that the
court considers appropriate and just in the
circumstances for securing the offender's
good conduct and for preventing the
offender from repeating the same offence or
committing other offences.
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| Publication
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(2) If an offender fails to comply with an
order made under paragraph (1)(e) directing
the publication of the facts relating to the
offence, the Minister may publish the facts in
compliance with the order and recover the
costs of publication from the offender.
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| Debt due to
Her Majesty
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(3) If the court makes an order under
paragraph (1)(i) directing an offender to pay
costs or the Minister incurs publication costs
under subsection (2), the costs constitute a
debt due to Her Majesty in right of Canada and
may be recovered in any court of competent
jurisdiction.
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| Variation of
sanctions
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67. (1) Subject to subsection (2), if a court
has made, in relation to an offender, an order
or direction under section 64, 65 or 66, the
court may, on application by the offender or
the Attorney General of Canada, require the
offender to appear before it and, after hearing
the offender and the Attorney General, vary
the order in one or any combination of the
following ways that is applicable and, in the
opinion of the court, is rendered desirable by
a change in the circumstances of the offender
since the order was made:
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(a) make changes in the order or the
conditions specified in it or extend the time
during which the order is to remain in force
for any period, not exceeding one year, that
the court considers desirable; or
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(b) decrease the time during which the order
is to remain in force or relieve the offender,
either absolutely or partially or for any
period that the court considers desirable, of
compliance with any condition that is
specified in the order.
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| Notice
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(2) Before making an order under
subsection (1), the court may direct that notice
be given to any persons that the court
considers to be interested and may hear any of
those persons.
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| Subsequent
applications
with leave
|
68. If an application made under section 67
in respect of an offender has been heard by a
court, no other application may be made under
that section with respect to the offender except
with leave of the court.
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| Purposes for
which
information
may be
disclosed
|
69. (1) Information obtained in the
administration of this Act may be disclosed
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(a) as may be necessary for the purposes of
the administration or enforcement of this
Act;
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(b) in order to notify other Parties to the
Protocol
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(i) of the number and nature of permits
issued under this Act, including their
conditions,
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(ii) of any environmental emergency that
has been discovered in the Antarctic or of
any information relevant to a potential
environmental risk in the Antarctic, and
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(iii) of an emergency in the Antarctic
referred to in section 19 and any activities
undertaken in relation to that emergency
by a Canadian or other person on a
Canadian expedition, a Canadian vessel
or a Canadian aircraft;
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(c) in order to make publicly available
annual reports on the steps taken by Canada
to implement the Protocol, including
administrative actions, enforcement
measures and the preparation and
implementation of emergency plans and
waste management plans;
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(d) in order to make the following publicly
available:
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(i) an initial environmental evaluation,
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(ii) any significant information obtained
from procedures put in place to assess
and verify the impact of an activity that
has been the subject of an initial or
comprehensive environmental
evaluation, and any action taken in
relation to that information, and
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(iii) a draft comprehensive
environmental evaluation, any
comments received on the draft, the final
comprehensive environmental
evaluation, notice of any decision
relating to the final evaluation and any
evaluation of the significance of the
predicted impacts in relation to the
proposed activity;
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(e) under an agreement or arrangement
between the Government of Canada or any
of its institutions and any other government
in Canada, the government of a foreign state
or an international organization or any of its
institutions, or between the Minister and
any other minister of the Crown in right of
Canada, if
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(i) the purpose of the agreement or
arrangement is the administration or
enforcement of a law, and
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(ii) the government, international
organization, institution or other minister
undertakes to keep the information
confidential; or
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(f) under an agreement or arrangement
between the Government of Canada and the
government of a foreign state or an
international organization, if the
government or organization undertakes to
keep the information confidential.
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| Disclosure of
personal
information
|
(2) Personal information as defined in
section 3 of the Privacy Act may not be
disclosed under subsection (1) unless
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(a) the disclosure is in the interest of public
health, public safety or the protection of the
environment; and
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(b) the public interest in the disclosure
clearly outweighs in importance any
damage to the privacy, reputation or human
dignity of any individual that may result
from the disclosure.
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| Order
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70. The provisions of this Act come into
force on a day or days to be fixed by order of
the Governor in Council.
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