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Bill C-38

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Continuing offence

26. Where an offence is committed or continued on more than one day, the person who committed it is liable to be convicted of a separate offence for each day on which the offence is committed or continued.

Limitation period for summary conviction offences

27. Proceedings by way of summary conviction may be instituted at any time within, but not later than, two years after the day on which the subject-matter of the proceedings arose.

Offence by employee or agent

28. (1) A person is liable to be convicted of an offence committed by their employee or agent, whether or not the employee or agent has been identified, prosecuted or convicted.

Liability of operator of a vessel

(2) The operator of a vessel is liable to be convicted of an offence committed in relation to the vessel by another person, whether or not the other person has been identified, prosecuted or convicted, but no person shall be convicted under this subsection if it is established that, without the operator's consent, the vessel was in the possession of another person at the time of the offence.

Liability of operator of marine facility

(3) The operator of a marine facility is liable to be convicted of an offence committed with their consent by another person in relation to the facility, whether or not the other person has been identified, prosecuted or convicted.

Officers, etc., of corporation

(4) An officer, director or agent of a corporation that commits an offence under this Act is liable to be convicted of the offence if he or she directed, authorized, assented to, acquiesced in or participated in the commission of the offence, whether or not the corporation has been prosecuted or convicted.


29. For greater certainty, no person is liable to be convicted of an offence if the person exercised all due diligence to prevent its commission.

Things seized or detained

30. Where a proceeding is commenced in respect of an offence involving anything seized or detained under this Act and it is detained until the final conclusion of the proceeding, it must be returned to its lawful owner or to the person lawfully entitled to its possession, unless that person has been convicted of an offence under this Act, in which case it may be detained until any fine imposed on conviction has been paid, or it may be sold in satisfaction of the fine or any part of it.

Recovery of fines

31. (1) Where a fine imposed on a person convicted of an offence is not paid when required, the conviction may be registered in the superior court of the province in which the trial was held and, when registered, has the same effect as if the conviction were a judgment of that court obtained by Her Majesty in right of Canada against the convicted person for a debt in the amount of the fine.

Recovery of costs

(2) All reasonable costs involved in registering the conviction are recoverable in the same way as if they were part of the fine.


R.S., c. A-1

Access to Information Act

32. Schedule II to the Access to Information Act is amended by adding, in alphabetical order, a reference to

Marine Transportation Security Act

    Loi sur la sûreté du transport maritime

and a corresponding reference to ``subsec tion 13(1)''.