Statutes and Regulations

PART 4 – Offences, Court Orders and Proceedings
Division 1 – Limitation Period and Offences
	Limitation period
	42	(1)	The time limit for laying an information respecting an offence under this Act is 2 years after the facts on which the information is based first came to the knowledge of an official.
		(2)	A document, purporting to have been issued by an official referred to in subsection (1), certifying the date on which the facts referred to in that subsection first came to the knowledge of the official,
			(a)	is admissible without proof of the signature or official character of the individual appearing to have signed the document, and
			(b)	in the absence of evidence to the contrary, is proof of the matter certified in the document.
	Offences
	43	(1)	A person who intentionally or recklessly causes damage to Crown forest land or Crown grass land by starting a fire in contravention of section 3 (1), 5 (1) or 6 (1) commits an offence and is liable on conviction to a fine not exceeding $1 000 000, or to imprisonment for not more than 3 years, or to both.
		(2)	A person who contravenes section 3 (1) or (2), 5 (1) or (2) or 6 (1), (2) or (3) (a), (b) or (c) commits an offence and is liable on conviction to a fine not exceeding $500 000, or to imprisonment for not more than 2 years, or to both.
		(3)	A person who contravenes section 7 (2) or (4), 10 (3) or (4), 12 (2), 16 (2), 22 (1) or (2), 56 or 57 commits an offence and is liable on conviction to a fine not exceeding $100 000, or to imprisonment for not more than one year, or to both.
		(4)	A person who contravenes section 2, 6 (3) (d), 7 (1), 11 (2), 13 (2) or 22 (3) commits an offence and is liable on conviction to a fine not exceeding $5 000, or to imprisonment for not more than 6 months, or to both.
		(5)	The Lieutenant Governor in Council may provide by regulation that
			(a)	a contravention of a regulation is an offence, and
			(b)	a person convicted of an offence for a contravention of a regulation is liable to a fine not exceeding a maximum amount, or to imprisonment not exceeding a maximum length, or to both.
		(6)	If the maximum fine or imprisonment that is provided by a regulation under subsection (5) (b) is less than that provided by a provision of this Act, the regulation prevails.
	Offence by directors and officers
	44		If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the offence also commits the offence.
	Section 5 Offence Act
	45		Section 5 of the Offence Act does not apply to this Act or the regulations.
Division 2 – Court Orders
	Court orders
	46		If a person is convicted of an offence under this Act, then in addition to any other punishment that may be imposed, the court by order may do one or more of the following:
			(a)	prohibit the person from doing anything that may result in the continuation or repetition of the offence;
			(b)	direct the person to comply with the provision contravened;
			(c)	direct the person to pay compensation or make restitution;
			(d)	direct the person to take any action the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;
			(e)	direct the person to publish, at the person's own cost, the facts relating to the conviction;
			(f)	direct the person to compensate the minister, in whole or in part, for the cost of any remedial or preventative action taken by or caused to be taken on behalf of the ministry as a result of the act or omission that constituted the offence;
			(g)	direct the person to pay court costs;
			(h)	direct the person to pay the costs of the investigation.
	Court orders on application by minister
	47	(1)	If the minister considers that a person is not complying, or has not complied, with an order made under this Act, the minister may apply to the Supreme Court for either or both of the following:
			(a)	an order directing the person to comply with the order or restraining the person from violating the order;
			(b)	an order directing the directors and officers of the person to cause the person to comply with or to cease violating the order.
		(2)	On application by the minister under this section, the Supreme Court may make an order it considers appropriate.
Division 3 – Provisions in Relation to Offences, Liabilities and Proceedings
	Penalty for monetary benefit
	48	(1)	The court that convicts a person of an offence under this Act may increase a fine imposed on the person by an amount equal to the court's estimation of the amount of the monetary benefit that was acquired by or that accrued to the person as a result of the commission of the offence.
		(2)	A fine increased under subsection (1)
			(a)	applies despite any provision that provides for a maximum fine, and
			(b)	is in addition to any other fine under this Act.
	Employer liability
	49	(1)	In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by the defendant's contractor, employee or agent.
		(2)	This section applies even if the contractor, employee or agent has not been identified or prosecuted for the offence.
	Defences to a prosecution
	50		Due diligence, mistake of fact and officially induced error are defences to a prosecution under this Act.
	Remedies preserved
	51		A proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.
	Repealed
	52		Repealed. [2007-18-100]
	Limitation on proceedings
	53	(1)	The government may not proceed under this Act with both an offence and an administrative penalty for the same contravention.
		(2)	Subsection (1) does not derogate from the government's ability to make an order respecting compensation or remediation.
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