Bill C-38
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GENERAL PROVISIONS RELATING TO OFFENCES |
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| Continuing
offence
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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.
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| Limitation
period for
summary
conviction
offences
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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.
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| Offence by
employee or
agent
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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.
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| Liability of
operator of a
vessel
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(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.
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| Liability of
operator of
marine facility
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(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.
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| Officers, etc.,
of corporation
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(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.
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| Defence
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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.
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| Things seized
or detained
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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.
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| Recovery of
fines
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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.
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| Recovery of
costs
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(2) All reasonable costs involved in
registering the conviction are recoverable in
the same way as if they were part of the fine.
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CONSEQUENTIAL AMENDMENT |
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| R.S., c. A-1
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Access to Information Act |
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32. Schedule II to the Access to
Information Act is amended by adding, in
alphabetical order, a reference to
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Marine Transportation Security Act
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and a corresponding reference to ``subsec
tion 13(1)''.
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