Acts and Regulations

2019, c.40 - Aquaculture Act

Section 73
Disposition versions

Full text
Offences
73(1)A person who violates or fails to comply with a provision of this Act that is listed in Column 1 of Schedule A commits an offence.
73(2)For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column 1 of Schedule A is punishable as an offence of the category listed beside it in Column 2 of Schedule A.
73(3)Despite section 56 of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act for an offence under subsection (2) or (7) shall be as follows:
(a) in respect of a Category D offence, $1,000;
(b) in respect of a Category E offence, $3,000;
(c) in respect of a Category F offence, $5,000;
(d) in respect of a Category H offence, $5,000;
(e) in respect of a Category I offence, $15,000.
73(4)If an offence under this Act continues for more than one day,
(a) the minimum fine that may be imposed is the greater of the minimum fine set by the Provincial Offences Procedure Act and the minimum fine, if any, set by this Act, multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act, multiplied by the number of days during which the offence continues.
73(5)A prosecution for an offence under this Act shall be commenced within two years after the date on which the offence was, or is alleged to have been, committed.
73(6)Subject to subsection (7), a person who violates or fails to comply with a provision of the regulations commits an offence.
73(7)For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.
Offences
73(1)A person who violates or fails to comply with a provision of this Act that is listed in Column 1 of Schedule A commits an offence.
73(2)For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column 1 of Schedule A is punishable as an offence of the category listed beside it in Column 2 of Schedule A.
73(3)Despite section 56 of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act for an offence under subsection (2) or (7) shall be as follows:
(a) in respect of a Category D offence, $1,000;
(b) in respect of a Category E offence, $3,000;
(c) in respect of a Category F offence, $5,000;
(d) in respect of a Category H offence, $5,000;
(e) in respect of a Category I offence, $15,000.
73(4)If an offence under this Act continues for more than one day,
(a) the minimum fine that may be imposed is the greater of the minimum fine set by the Provincial Offences Procedure Act and the minimum fine, if any, set by this Act, multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act, multiplied by the number of days during which the offence continues.
73(5)A prosecution for an offence under this Act shall be commenced within two years after the date on which the offence was, or is alleged to have been, committed.
73(6)Subject to subsection (7), a person who violates or fails to comply with a provision of the regulations commits an offence.
73(7)For the purposes of Part 2 of the Provincial Offences Procedure Act, a person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.