Acts and Regulations

C-6 - Clean Environment Act

Section 33
Disposition versions

Full text
Offences and penalties
33(1)Subject to subsection (3), a person who violates any provision of this Act or the regulations or fails to comply with an order issued under this Act or the regulations or with a term or condition of an approval, registration, licence, permit, exemption or determination granted, issued or made under this Act or the regulations commits an offence and is liable, on conviction,
(a) in the case of an individual, to a fine of not less than five hundred dollars and not more than fifty thousand dollars, and
(b) in the case of a person other than an individual, to a fine of not less than one thousand dollars and not more than one million dollars.
33(2)If a violation of a provision of or a failure to comply under this Act or the regulations continues for more than one day, the fine payable shall be the product of
(a) the fine imposed under subsection (1), and
(b) the number of days on which the violation or failure continues.
33(3)If a person commits an offence under this Act that is also an offence under the Pesticides Control Act, the person, if charged, shall be charged under the Pesticides Control Act.
33(4)In a prosecution with respect to an offence under this Act or the regulations,
(a) a statement purporting to be signed by the Minister that a person does not hold a registration, licence, permit or approval under this Act or the regulations with respect to an activity designated in the statement,
(b) a document purporting to be signed by the Minister stating that no determination has been made under regulations made under section 31.1 that the undertaking may be carried on without the completion of an environmental impact assessment, or
(c) a registration, licence, permit, approval, order, notice, certificate, determination or any other document purporting to be signed by the Minister or a certified copy of the document,
shall be
(d) received in evidence by any court in the Province without proof of the appointment, authority or signature of the person purporting to have signed it or the person purporting to have certified the copy,
(e) in the absence of evidence to the contrary, proof of the facts stated in the document, copy or statement, and
(f) where the name of the person referred to in the document, copy or statement is that of the accused, in the absence of evidence to the contrary, proof that the person named in the document, copy or statement is the accused.
33(5)A document, copy or statement referred to in subsection (4) shall not be received in evidence unless the party intending to produce it has, before the trial or other proceeding, given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the document, copy or statement.
33(6)Subject to subsection 29(2), a person against whom a document, copy or statement referred to in subsection (4) is produced may, with leave of the court, require the attendance of a person designated by the Minister for purposes of cross-examination.
1971, c.3, s.32; 1973, c.21, s.4; 1975, c.12, s.9; 1983, c.17, s.8; 1985, c.6, s.4; 1987, c.11, s.10; 1989, c.52, s.24; 1993, c.13, s.11; 2002, c.25, s.15; 2008, c.11, s.5
Offences and penalties
33(1)Subject to subsection (3), a person who violates any provision of this Act or the regulations or fails to comply with an order issued under this Act or the regulations or with a term or condition of an approval, registration, licence, permit, exemption or determination granted, issued or made under this Act or the regulations commits an offence and is liable, on conviction,
(a) in the case of an individual, to a fine of not less than five hundred dollars and not more than fifty thousand dollars, and
(b) in the case of a person other than an individual, to a fine of not less than one thousand dollars and not more than one million dollars.
Offences and penalties
33(2)If a violation of a provision of or a failure to comply under this Act or the regulations continues for more than one day, the fine payable shall be the product of
(a) the fine imposed under subsection (1), and
(b) the number of days on which the violation or failure continues.
Offences and penalties
33(3)If a person commits an offence under this Act that is also an offence under the Pesticides Control Act, the person, if charged, shall be charged under the Pesticides Control Act.
Evidence in prosecution
33(4)In a prosecution with respect to an offence under this Act or the regulations,
(a) a statement purporting to be signed by the Minister that a person does not hold a registration, licence, permit or approval under this Act or the regulations with respect to an activity designated in the statement,
(b) a document purporting to be signed by the Minister stating that no determination has been made under regulations made under section 31.1 that the undertaking may be carried on without the completion of an environmental impact assessment, or
(c) a registration, licence, permit, approval, order, notice, certificate, determination or any other document purporting to be signed by the Minister or a certified copy of the document,
shall be
(d) received in evidence by any court in the Province without proof of the appointment, authority or signature of the person purporting to have signed it or the person purporting to have certified the copy,
(e) in the absence of evidence to the contrary, proof of the facts stated in the document, copy or statement, and
(f) where the name of the person referred to in the document, copy or statement is that of the accused, in the absence of evidence to the contrary, proof that the person named in the document, copy or statement is the accused.
Evidence in prosecution
33(5)A document, copy or statement referred to in subsection (4) shall not be received in evidence unless the party intending to produce it has, before the trial or other proceeding, given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the document, copy or statement.
Evidence in prosecution
33(6)Subject to subsection 29(2), a person against whom a document, copy or statement referred to in subsection (4) is produced may, with leave of the court, require the attendance of a person designated by the Minister for purposes of cross-examination.
1971, c.3, s.32; 1973, c.21, s.4; 1975, c.12, s.9; 1983, c.17, s.8; 1985, c.6, s.4; 1987, c.11, s.10; 1989, c.52, s.24; 1993, c.13, s.11; 2002, c.25, s.15; 2008, c.11, s.5
Offences and penalties
33(1)Subject to subsection (3), a person who violates any provision of this Act or the regulations or fails to comply with an order issued under this Act or the regulations or with a term or condition of an approval, registration, licence, permit, exemption or determination granted, issued or made under this Act or the regulations commits an offence and is liable, on conviction,
(a) in the case of an individual, to a fine of not less than five hundred dollars and not more than fifty thousand dollars, and
(b) in the case of a person other than an individual, to a fine of not less than one thousand dollars and not more than one million dollars.
Offences and penalties
33(2)If a violation of a provision of or a failure to comply under this Act or the regulations continues for more than one day, the fine payable shall be the product of
(a) the fine imposed under subsection (1), and
(b) the number of days on which the violation or failure continues.
Offences and penalties
33(3)If a person commits an offence under this Act that is also an offence under the Pesticides Control Act, the person, if charged, shall be charged under the Pesticides Control Act.
Evidence in prosecution
33(4)In a prosecution with respect to an offence under this Act or the regulations,
(a) a statement purporting to be signed by the Minister that a person does not hold a registration, licence, permit or approval under this Act or the regulations with respect to an activity designated in the statement,
(b) a document purporting to be signed by the Minister stating that no determination has been made under regulations made under section 31.1 that the undertaking may be carried on without the completion of an environmental impact assessment, or
(c) a registration, licence, permit, approval, order, notice, certificate, determination or any other document purporting to be signed by the Minister or a certified copy of the document,
shall be
(d) received in evidence by any court in the Province without proof of the appointment, authority or signature of the person purporting to have signed it or the person purporting to have certified the copy,
(e) in the absence of evidence to the contrary, proof of the facts stated in the document, copy or statement, and
(f) where the name of the person referred to in the document, copy or statement is that of the accused, in the absence of evidence to the contrary, proof that the person named in the document, copy or statement is the accused.
Evidence in prosecution
33(5)A document, copy or statement referred to in subsection (4) shall not be received in evidence unless the party intending to produce it has, before the trial or other proceeding, given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the document, copy or statement.
Evidence in prosecution
33(6)Subject to subsection 29(2), a person against whom a document, copy or statement referred to in subsection (4) is produced may, with leave of the court, require the attendance of a person designated by the Minister for purposes of cross-examination.
1971, c.3, s.32; 1973, c.21, s.4; 1975, c.12, s.9; 1983, c.17, s.8; 1985, c.6, s.4; 1987, c.11, s.10; 1989, c.52, s.24; 1993, c.13, s.11; 2008, c.11, s.5
Offences and penalties
33(1)Subject to subsection (3), a person who violates any provision of this Act or the regulations or fails to comply with an order issued under this Act or the regulations or with a term or condition of an approval, registration, licence, permit, exemption or determination granted, issued or made under this Act or the regulations commits an offence and is liable, on summary conviction,
(a) in the case of an individual, to a fine of not less than five hundred dollars and not more than fifty thousand dollars, and in default of payment is liable to imprisonment in accordance with subsection 31(3) of the Summary Convictions Act, and
(b) in the case of a person other than an individual, to a fine of not less than one thousand dollars and not more than one million dollars.
Offences and penalties
33(2)If a violation of a provision of or a failure to comply under this Act or the regulations continues for more than one day, the fine payable shall be the product of
(a) the fine imposed under subsection (1), and
(b) the number of days on which the violation or failure continues.
Offences and penalties
33(3)If a person commits an offence under this Act that is also an offence under the Pesticides Control Act, the person, if charged, shall be charged under the Pesticides Control Act.
Evidence in prosecution
33(4)In a prosecution with respect to an offence under this Act or the regulations,
(a) a statement purporting to be signed by the Minister that a person does not hold a registration, licence, permit or approval under this Act or the regulations with respect to an activity designated in the statement,
(b) a document purporting to be signed by the Minister stating that no determination has been made under regulations made under section 31.1 that the undertaking may be carried on without the completion of an environmental impact assessment, or
(c) a registration, licence, permit, approval, order, notice, certificate, determination or any other document purporting to be signed by the Minister or a certified copy of the document,
shall be
(d) received in evidence by any court in the Province without proof of the appointment, authority or signature of the person purporting to have signed it or the person purporting to have certified the copy,
(e) in the absence of evidence to the contrary, proof of the facts stated in the document, copy or statement, and
(f) where the name of the person referred to in the document, copy or statement is that of the accused, in the absence of evidence to the contrary, proof that the person named in the document, copy or statement is the accused.
Evidence in prosecution
33(5)A document, copy or statement referred to in subsection (4) shall not be received in evidence unless the party intending to produce it has, before the trial or other proceeding, given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the document, copy or statement.
Evidence in prosecution
33(6)Subject to subsection 29(2), a person against whom a document, copy or statement referred to in subsection (4) is produced may, with leave of the court, require the attendance of a person designated by the Minister for purposes of cross-examination.
1971, c.3, s.32; 1973, c.21, s.4; 1975, c.12, s.9; 1983, c.17, s.8; 1985, c.6, s.4; 1987, c.11, s.10; 1989, c.52, s.24; 1993, c.13, s.11