An Act to amend the Oceans Act and the Canada Petroleum Resources Act (S.C. 2019, c. 8)
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Assented to 2019-05-27
1996, c. 31Oceans Act (continued)
Amendments to the Act (continued)
14 (1) Section 39.9 of the Act is amended by striking out “and” at the end of paragraph (g) by adding the following after paragraph (h):
(i) directing the person to pay, in the manner specified by the court, an amount for monitoring the environmental effects of any activity or marine installation or structure on any marine resource, habitat or ecosystem in any marine protected area;
(j) directing the person to pay to Her Majesty in right of Canada an amount of money that the court considers appropriate for the purpose of promoting the conservation, protection or restoration of any marine protected area;
(k) directing the person to pay, in a manner specified by the court, an amount to enable research to be conducted with respect to the conservation, protection or restoration of any marine protected area;
(l) directing the person to pay, in the manner specified by the court, an amount to environmental or other groups to assist in their work related to marine protected areas; and
(m) directing the person to pay, in the manner specified by the court, an amount to an educational institution including for scholarships for students enrolled in studies related to the environment.
(2) Section 39.9 of the Act is renumbered as subsection 39.9(1) and is amended by adding the following:
Marginal note:Debt due to Her Majesty
(2) If the court makes an order under paragraph (1)(j) directing a person to pay an amount to Her Majesty in right of Canada, the amount constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
15 Section 39.10 of the Act is renumbered as section 39.91.
16 Section 39.11 of the Act is replaced by the following:
Marginal note:Limitation period
39.92 Proceedings by way of summary conviction in respect of an offence may be commenced not later than five years after the day on which the offence was committed.
Marginal note:2003, c. 22, par. 224(z.63)(E)
17 Section 39.12 of the Act is renumbered as section 39.93.
Transitional Provision
18 Section 39.11 of the Oceans Act, as it read immediately before the day on which section 16 of this Act comes into force, continues to apply in respect of an offence that was committed before that day.
R.S., c. 36 (2nd Supp.)Canada Petroleum Resources Act
19 (1) The portion of subsection 12(1) of the English version of the Canada Petroleum Resources Act before paragraph (a) is replaced by the following:
Marginal note:Orders to prohibit activities in certain circumstances
12 (1) The Governor in Council may, by order, prohibit any interest owner specified in the order from commencing or continuing any work or activity on the frontier lands or any portion of them that are subject to the interest of that interest owner, in the case of
(2) Subsection 12(1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) the designation of a marine protected area under subsection 35(3) or 35.1(2) of the Oceans Act.
(3) The portion of subsection 12(1) of the English version of the Act after paragraph (d) is repealed.
20 The Act is amended by adding the following after section 12:
Marginal note:Negotiations for compensation
12.1 (1) The Minister may enter into negotiations with an interest owner, in respect of all or any portion of the frontier lands subject to the interest, for a determination of any compensation that may be granted to the interest owner for the surrender of the interest to Her Majesty in right of Canada, if
(a) the interest is located in a marine protected area that is designated under the Oceans Act or in an area of the sea that, in the opinion of the Minister of Fisheries and Oceans, may be designated as a marine protected area under that Act; and
(b) the Minister of Fisheries and Oceans recommends that the interest be cancelled to give effect to the purpose of the designation or proposed designation of the marine protected area under section 35 of the Oceans Act.
Marginal note:Notice
(2) For the purposes of subsection (1), the Minister shall send a notice to the interest owner informing the interest owner of the Minister’s intent to enter into negotiations with the interest owner within the period specified in the notice.
Marginal note:Power to cancel
(3) The Minister may, by order, cancel the interest in respect of all or any portion of the frontier lands, if
(a) the interest owner did not enter into negotiations with the Minister within the period specified in the notice sent to the interest owner;
(b) in the opinion of the Minister, the compensation to be granted to the interest owner for the surrender of the interest has not been determined during the negotiations within a reasonable time; or
(c) in the opinion of the Minister, the negotiations do not result in the surrender of the interest by the interest owner within a reasonable time even though the compensation to be granted to the interest owner has been determined during the negotiations.
Marginal note:Amount of compensation
(4) The Minister shall, in the order, specify the amount of the compensation to be granted to the interest owner in respect of the cancellation of the interest.
Marginal note:Interest becomes reserve lands
(5) If the interest referred to in subsection (1) is surrendered or cancelled in respect of all or any portion of the frontier lands, the lands or portions of lands that are subject to the interest become Crown reserve lands.
Marginal note:Return of deposit
(6) If the interest referred to in subsection (1) is surrendered or cancelled, any deposit balance with respect to the interest held by Her Majesty in right of Canada on behalf of the interest owner shall be returned to the interest owner, less any liability, either direct or by way of indemnity, owed by the interest owner to Her Majesty in right of Canada at the time of the surrender or cancellation.
Marginal note:Compensation — surrender
12.2 (1) If the interest owner surrenders an interest referred to in subsection 12.1(1), Her Majesty in right of Canada may grant any compensation that is determined by negotiations with the Minister.
Marginal note:Compensation — cancellation
(2) If the Minister cancels an interest referred to in subsection 12.1(1), Her Majesty in right of Canada may grant to the interest owner the compensation that is specified in an order made by the Minister under subsection 12.1(3), subject to section 106 in respect of the amount of that compensation.
Marginal note:No compensation
(3) A person shall not have any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any servant or agent or mandatary of Her Majesty in right of Canada for any acquired, vested, future or potential right or entitlement that is affected by a surrender or cancellation of an interest referred to in subsection 12.1(1), other than compensation that may be granted to an interest owner under this section.
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