PART IV — Administrative Monetary Penalties

Rules About Violations

277Certain defences not available history

(1)

A person or department named in a notice of violation does not have a defence by reason that the person or the department

(a)

exercised due diligence to prevent the violation; or

(b)

reasonably and honestly believed in the existence of facts that, if true, would exonerate the person or the department.

Common law principles

(2)

Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under Part II or III applies in respect of a violation to the extent that it is not inconsistent with this Part.

2017, c. 20, s. 377

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278Continuing violation history

A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

2017, c. 20, s. 377

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279Violation or offence history

(1)

Proceeding with any act or omission as a violation under this Part precludes proceeding with it as an offence under Part II or III, and proceeding with it as an offence under Part II or III precludes proceeding with it as a violation under this Part.

For greater certainty

(2)

For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

2017, c. 20, s. 377

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280Limitation period history

No notice of violation in respect of a violation may be issued more than two years after the day on which the subject-matter of the violation arises.

2017, c. 20, s. 377

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