Acts and Regulations

C-5.2 - Clean Air Act

Section 34
Disposition versions

Full text
Judicial order
34(1)When imposing a penalty against an offender convicted of an offence under this Act or the regulations, a judge may, after considering the nature of the offence and the circumstances surrounding its commission, in addition to any other penalty that may be imposed, make an order
(a) prohibiting the offender from doing anything that may result in the continuation or repetition of the offence,
(b) directing the offender to take any action the court considers appropriate to ameliorate any adverse effect to the environment that has resulted, is resulting or may result from the act or omission that constituted the offence,
(c) directing the offender to publish, in accordance with the regulations and at the offender’s expense, the facts relating to the conviction,
(d) directing the offender to notify any person aggrieved or affected by the offender’s act or omission, of the facts relating to the conviction, in accordance with the regulations and at the offender’s expense,
(e) directing the offender to post a bond or pay money into court in an amount that will ensure compliance with any order made under this section,
(f) directing the offender to submit to the Minister, on application to the court by the Minister within three years after the date of conviction, any information with respect to the conduct of the offender that the court considers appropriate in the circumstances,
(g) directing the offender to compensate the Crown in right of the Province, in whole or in part, for the costs of any preventive or ameliorative action that was carried out or caused to be carried out by the Minister or the Province and was made necessary by the act or omission that constituted the offence,
(h) directing the offender to perform community service, or
(i) requiring the offender to comply with any other conditions the judge considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing other offences.
34(2)If an offender is directed to publish the facts relating to a conviction under paragraph (1)(c) and fails or refuses to comply with the order, the Minister may publish the facts as required in the order.
34(3)If the Minister incurs costs in relation to publishing facts under subsection (2), the costs constitute a debt due by the offender to the Crown in right of the Province and subsection 22(9) applies to the costs with the necessary modifications.
34(4)An order made under subsection (1) shall take effect on the day on which it is made or, if another day is specified in the order, on the day specified.
34(5)The judge shall specify in an order made under subsection (1) the period of time during which it is in effect, which period shall not exceed three years.
2023, c.17, s.26
Judicial order
34(1)When imposing a penalty against an offender convicted of an offence under this Act or the regulations, a judge may, after considering the nature of the offence and the circumstances surrounding its commission, in addition to any other penalty that may be imposed, make an order
(a) prohibiting the offender from doing anything that may result in the continuation or repetition of the offence,
(b) directing the offender to take any action the court considers appropriate to ameliorate any adverse effect to the environment that has resulted, is resulting or may result from the act or omission that constituted the offence,
(c) directing the offender to publish, in accordance with the regulations and at the offender’s expense, the facts relating to the conviction,
(d) directing the offender to notify any person aggrieved or affected by the offender’s act or omission, of the facts relating to the conviction, in accordance with the regulations and at the offender’s expense,
(e) directing the offender to post a bond or pay money into court in an amount that will ensure compliance with any order made under this section,
(f) directing the offender to submit to the Minister, on application to the court by the Minister within three years after the date of conviction, any information with respect to the conduct of the offender that the court considers appropriate in the circumstances,
(g) directing the offender to compensate Her Majesty in right of New Brunswick, in whole or in part, for the costs of any preventive or ameliorative action that was carried out or caused to be carried out by the Minister or the Province and was made necessary by the act or omission that constituted the offence,
(h) directing the offender to perform community service, or
(i) requiring the offender to comply with any other conditions the judge considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing other offences.
34(2)If an offender is directed to publish the facts relating to a conviction under paragraph (1)(c) and fails or refuses to comply with the order, the Minister may publish the facts as required in the order.
34(3)If the Minister incurs costs in relation to publishing facts under subsection (2), the costs constitute a debt due by the offender to Her Majesty in right of New Brunswick and subsection 22(9) applies to the costs with the necessary modifications.
34(4)An order made under subsection (1) shall take effect on the day on which it is made or, if another day is specified in the order, on the day specified.
34(5)The judge shall specify in an order made under subsection (1) the period of time during which it is in effect, which period shall not exceed three years.
Judicial order
34(1)When imposing a penalty against an offender convicted of an offence under this Act or the regulations, a judge may, after considering the nature of the offence and the circumstances surrounding its commission, in addition to any other penalty that may be imposed, make an order
(a) prohibiting the offender from doing anything that may result in the continuation or repetition of the offence,
(b) directing the offender to take any action the court considers appropriate to ameliorate any adverse effect to the environment that has resulted, is resulting or may result from the act or omission that constituted the offence,
(c) directing the offender to publish, in accordance with the regulations and at the offender’s expense, the facts relating to the conviction,
(d) directing the offender to notify any person aggrieved or affected by the offender’s act or omission, of the facts relating to the conviction, in accordance with the regulations and at the offender’s expense,
(e) directing the offender to post a bond or pay money into court in an amount that will ensure compliance with any order made under this section,
(f) directing the offender to submit to the Minister, on application to the court by the Minister within three years after the date of conviction, any information with respect to the conduct of the offender that the court considers appropriate in the circumstances,
(g) directing the offender to compensate Her Majesty in right of New Brunswick, in whole or in part, for the costs of any preventive or ameliorative action that was carried out or caused to be carried out by the Minister or the Province and was made necessary by the act or omission that constituted the offence,
(h) directing the offender to perform community service, or
(i) requiring the offender to comply with any other conditions the judge considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing other offences.
34(2)If an offender is directed to publish the facts relating to a conviction under paragraph (1)(c) and fails or refuses to comply with the order, the Minister may publish the facts as required in the order.
34(3)If the Minister incurs costs in relation to publishing facts under subsection (2), the costs constitute a debt due by the offender to Her Majesty in right of New Brunswick and subsection 22(9) applies to the costs with the necessary modifications.
34(4)An order made under subsection (1) shall take effect on the day on which it is made or, if another day is specified in the order, on the day specified.
34(5)The judge shall specify in an order made under subsection (1) the period of time during which it is in effect, which period shall not exceed three years.