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Part IIManagement and regulation of certain lands and waters

16Defence of due diligence

(1)In any proceedings for an offence under this Act or any byelaw made under this Act it shall be a defence for the person charged to prove—

(a)that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence; or

(b)that he had a reasonable excuse for his act or failure to act.

(2)If, in any case, the defence provided by subsection (1) (a) above involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the Court, be entitled to rely on that defence unless, not less than 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that person as was then in his possession.