Bill C-32
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Review Officers |
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Roster of
review
officers
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243. The Minister shall establish and
maintain a roster of review officers.
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Chief Review
Officer
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244. (1) The Minister shall appoint one of
the review officers as the Chief Review
Officer to perform the functions of the Chief
Review Officer as and when required.
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Functions of
Chief Review
Officer
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(2) The Chief Review Officer shall
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Absence, etc.,
of Chief
Review
Officer
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(3) If the Chief Review Officer is absent or
unable to act or if the office is vacant, any
other review officer that is designated by the
Minister shall perform the functions of the
Chief Review Officer.
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Term of
members
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245. (1) Review officers shall be appointed
to hold office during good behaviour for a
term of not more than three years, but may be
removed by the Minister at any time for cause.
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Re- appointment
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(2) A review officer may be re-appointed.
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Publication in
Canada
Gazette
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246. The Minister shall publish the roster of
review officers in the Canada Gazette.
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Knowledge
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247. A person is not eligible to be appointed
as a review officer unless the person is
knowledgeable about the Canadian
environment, environmental and human
health, administrative law or traditional
aboriginal ecological knowledge .
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Other
employment
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248. Review officers shall not accept or
hold any office or employment inconsistent
with their functions under this Act.
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Remunera- tion and fees
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249. (1) The Chief Review Officer shall be
paid such remuneration as is fixed by the
Governor in Council , and each other review
officer is entitled to be paid such fees for that
other review officer's services as are fixed by
the Governor in Council .
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Expenses
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(2) Review officers are entitled to be paid
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Acting after
expiry of term
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250. If a person who is engaged as a review
officer in respect of any matter ceases to be a
review officer before rendering a decision in
respect of the matter, the person may, with the
authorization of the Chief Review Officer,
continue, during a period of not more than 180
days, to act as a review officer in respect of the
matter.
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Secretary and
other staff
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251. The Minister may, at the request of the
Chief Review Officer, make available to
review officers any staff and other assistance
that are necessary for the proper conduct of the
business of review officers.
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Government
services and
facilities
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252. In performing their functions a review
officer shall, where appropriate, make use of
the services and facilities of departments,
boards and agencies of the Government of
Canada.
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Immunity
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253. No criminal or civil proceedings lie
against a review officer for anything done or
omitted to be done in good faith in performing
any functions of a review officer under this
Act.
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Crown not
relieved
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254. Section 253 does not, by reason of
section 10 of the Crown Liability and
Proceedings Act, relieve the Crown of
liability in respect of a tort or extracontractual
civil liability to which the Crown would
otherwise be subject.
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Liability
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255. Review officers are servants of Her
Majesty in right of Canada for the purposes of
the law of tort or of extracontractual civil
liability.
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Reviews |
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Request for
review
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256. (1) Any person to whom an order is
directed may, by notice in writing given to the
Chief Review Officer within 30 days after
receipt by the person of a copy of the written
order or after the oral order is given, make a
request to the Chief Review Officer for a
review of the order.
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Extension of
period for
request
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(2) The Chief Review Officer may extend
the period within which a request for a review
may be made where, in the Chief Review
Officer's opinion, it is in the public interest to
do so.
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Review
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257. On receipt of a notice under subsection
256(1), the Chief Review Officer shall
conduct a review of the order, including a
hearing, or cause a review and hearing of the
order to be conducted by a review officer
assigned by the Chief Review Officer.
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No automatic
stay on appeal
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258. (1) Subject to subsection (2), the
request for a review by a review officer does
not suspend the operation of an order.
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Suspension on
application
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(2) A review officer may, on application
made by a person subject to the order before
the beginning of the hearing, suspend the
operation of the order if the review officer
considers it appropriate in the circumstances
and, in that case, impose on all the persons
subject to the order conditions that are
reasonable in the circumstances and
consistent with the protection of the
environment and public safety.
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Suspension of
180 day
period
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(3) Where the operation of an order is
suspended under subsection (2), the period for
which the order is issued is suspended until the
review is completed.
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Right to
appear
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259. All parties to the review, including the
Minister, may appear in person or may be
represented by counsel or by an agent.
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Powers
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260. (1) A review officer may summon any
person to appear as a witness before the review
officer and may order the witness to
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Fees for
witnesses
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(2) A witness who is served with a summons
under subsection (1) is entitled to receive the
fees and allowances to which persons who are
summoned to appear as witnesses before the
Federal Court are entitled.
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Enforcement
of summonses
and orders
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261. Any summons to a witness issued or
order made under subsection 260(1) by a
review officer may be made a summons to a
witness or an order of the Federal Court or of
the superior court of a province and is
enforceable in the same manner as a summons
to a witness or an order of that court.
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Procedure
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262. To make a summons issued or an order
made under subsection 260(1) by a review
officer a summons or an order of the Federal
Court or of the superior court of a province, the
usual practice and procedure of the court in
such matters may be followed, or a certified
copy of the summons or order may be filed
with the registrar of the court and the
summons or order thereupon becomes a
summons or an order of the court.
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Powers of
review officer
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263. The review officer, after reviewing the
order and after giving all persons who are
subject to the order, and the Minister,
reasonable notice orally or in writing of a
hearing and allowing a reasonable opportunity
in the circumstances for those persons and the
Minister to make oral representations, may
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Variation or
cancellation
of review
officer's
decision
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264. At any time before a notice of appeal
to the Federal Court is filed in relation to an
order, the review officer may, on the review
officer's own motion, after giving reasonable
notice orally or in writing and allowing a
reasonable opportunity in the circumstances
for the person subject to the order to make oral
representations, modify the decision of the
review officer in respect of the order and
exercise any of the powers of the review
officer under section 263 in respect of the
order.
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Limitations on
exercise of
review
officer's
powers
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265. A review officer shall not exercise any
of the powers referred to in section 263 if
doing so would result in
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Decision of
review officer
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266. The review officer shall, within five
days after the completion of the review of an
order, render a decision and give written
reasons for doing so within 10 days after the
completion of the review, and provide a copy
of the decision and those reasons to all persons
to whom the order was directed and to the
Minister.
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Rules
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267. The Chief Review Officer may make
rules
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Orders and
notices
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268. Every order or varied order under
section 263 or 264 or a copy of one and every
notice under those sections shall be provided
to the Minister and every person to whom the
original order is directed and, where
applicable, all other persons to whom the
amended order is directed, in accordance with
Part 11.
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Federal Court |
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Appeal to
Federal Court
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269. The Minister or any person to whom an
order, as confirmed or varied by a review
officer under section 263, is directed may, by
filing a written notice of appeal within 30 days
after the written reasons are provided by the
review officer under section 266, appeal to the
Federal Court - Trial Division from the
decision of the review officer.
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Standing on
appeal to
Federal Court
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270. The Minister or the person to whom the
order is directed, as the case may be, has the
right, on an appeal to the Federal Court made
under section 269, to be heard on all questions
of fact and law.
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Order not
suspended
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271. The filing of a notice of appeal under
section 269 does not suspend the operation of
an order, as confirmed or varied by a review
officer.
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Offences and Punishment |
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Contraven- tion of the Act, the regulations or agreements
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272. (1) Every person commits an offence
who contravenes
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Penalties
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(2) Every person who commits an offence
under subsection (1) is liable
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False or
misleading
information,
etc.
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273. (1) Every person commits an offence
who, with respect to any matter related to this
Act or the regulations,
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Penalties
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(2) Every person who commits an offence
under subsection (1) is liable
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Damage to
environment
and risk of
death or harm
to persons
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274. (1) Every person is guilty of an offence
and liable on conviction on indictment to a
fine or to imprisonment for a term of not more
than five years, or to both, who, in committing
an offence under subsection 272(1) or 273(1),
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Criminal
negligence
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(2) Every person who, in committing an
offence under subsection 272(1) or 273(1),
shows wanton or reckless disregard for the
lives or safety of other persons and thereby
causes death or bodily harm to another person
is subject to prosecution and punishment
under section 220 or 221 of the Criminal
Code.
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Limitation
period
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275. (1) Proceedings by way of summary
conviction in respect of an offence under this
Act may be instituted at any time within, but
not later than, two years after the time when
the Minister became aware of the
subject-matter of the proceedings.
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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 Minister became aware of the
subject-matter of any proceedings, shall be
received in evidence and, in the absence of
any evidence to the contrary, the document
shall be considered as proof of that fact
without proof of the signature or of the official
character of the person appearing to have
signed the document and without further
proof.
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Continuing
offence
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276. Where an offence under this Act is
committed or continued on more than one day,
the person who committed the offence is liable
to be convicted for a separate offence for each
day on which it is committed or continued.
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Construction
of subsection
389(5) of
Canada
Shipping Act
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277. Subsection 389(5) of the Canada
Shipping Act is not to be construed so as to
relieve any person from liability under this
Act.
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Regulations
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278. The Governor in Council may make
regulations prescribing the manner in which
the proceeds or any part of the proceeds
resulting from the payment of a fine or the
execution of an order in relation to an offence
under this Act shall be distributed in order to
reimburse any person, government or body
that has commenced the proceedings in
respect of the offence for costs incurred by that
person, government or body in respect of the
prosecution of the offence.
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Nearest court
has
jurisdiction
for Division 3
of Part 7
offences
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279. (1) Where an offence arising out of a
contravention of Division 3 of Part 7 is
committed by a person, whether or not the
person is a Canadian citizen, in Canadian
waters, the offence
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Where
offence
deemed to
have been
committed
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(2) An offence to which subsection (1)
applies is, for the purpose of that subsection,
deemed to have been committed either in the
place where the offence was actually
committed or in the place in which the accused
is found.
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