Canada National Marine Conservation Areas Act

This Act may be cited as the Canada National Marine Conservation Areas Act.

The definitions in this subsection apply in this Act.

disposal has the same meaning as in section 122 of the Canadian Environmental Protection Act, 1999, read without reference to the sea. (immersion)

ecosystem means a dynamic complex of animal, plant and microorganism communities and their non-living environment interacting as a functional unit. (écosystème)

enforcement officer means a person designated under section 19 or belonging to a class of persons so designated. (agent de l’autorité)

fishing has the meaning given to that expression in the Fisheries Act. (pêche)

marine conservation area means a national marine conservation area of Canada named and described in Schedule 1. (aire marine de conservation)

marine conservation area warden means a person designated under section 18. (garde d’aire marine de conservation)

Minister means the Minister responsible for the Parks Canada Agency. (ministre)

public lands means lands, including submerged lands, that belong to Her Majesty in right of Canada or that the Government of Canada has the power to dispose of, whether or not subject to the terms of any agreement between the Government of Canada and the government of a province. (terres domaniales)

reserve means a national marine conservation area reserve of Canada named and described in Schedule 2. (réserve)

superintendent means a person appointed under the Parks Canada Agency Act who holds the office of superintendent of a marine conservation area, and includes any other person appointed under that Act who is authorized by that person to act on that person’s behalf. (directeur)

waste or other matter means waste or other matter listed in Schedule 5 to the Canadian Environmental Protection Act, 1999. (déchets ou autres matières)

[Repealed, 2024, c. 30, s. 23]

The establishment of a marine conservation area within the exclusive economic zone of Canada does not constitute a claim to any rights, jurisdiction or duties beyond those set out in section 14 of the Oceans Act.

This Act applies to a reserve as if it were a marine conservation area.

This Act is binding on Her Majesty in right of Canada or of a province.

Marine conservation areas are established in accordance with this Act for the purpose of protecting and conserving representative marine areas for the benefit, education and enjoyment of the people of Canada and the world.

Reserves are established in accordance with this Act for the purpose referred to in subsection (1) where an area or a portion of an area proposed for a marine conservation area is subject to a claim in respect of aboriginal rights that has been accepted for negotiation by the Government of Canada.

Marine conservation areas shall be managed and used in a sustainable manner that meets the needs of present and future generations without compromising the structure and function of the ecosystems, including the submerged lands and water column, with which they are associated.

Each marine conservation area shall be divided into zones, which must include at least one zone that fosters and encourages ecologically sustainable use of marine resources and at least one zone that fully protects special features or sensitive elements of ecosystems, and may include other types of zones.

Subject to section 7, for the purpose of establishing or enlarging a marine conservation area, consisting of submerged lands and waters within the internal waters, territorial sea or exclusive economic zone of Canada and any coastal lands or islands within Canada, the Governor in Council may, by order, amend Schedule 1 by adding the name and a description of the area or by altering the description of the area.

An amendment to Schedule 1 under this section or subsection 6(2) may be made only if

the Governor in Council is satisfied that Her Majesty in right of Canada has clear title to or an unencumbered right of ownership in the lands to be included in the marine conservation area, other than such lands situated within the exclusive economic zone of Canada;

in a case where Her Majesty in right of a province had the administration and control of any of the lands to be included in the marine conservation area, the government of the province agreed to the use of those lands as a marine conservation area and transferred their administration and control to Her Majesty in right of Canada for that purpose; and

the requirements of any applicable land claim agreement respecting the establishment of the marine conservation area have been fulfilled.

If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a marine conservation area, the Governor in Council may, by order, amend Schedule 1 by removing the name and description of the area or by altering the description of the area.

Except as provided by subsection (3), no amendment may be made by the Governor in Council to Schedule 1 for the purpose of removing any portion of a marine conservation area.

Subject to section 7, for the purpose of establishing or enlarging a reserve, consisting of submerged lands and waters within the internal waters or territorial sea of Canada and any coastal lands or islands within Canada, the Governor in Council may, by order, amend Schedule 2 by adding the name and a description of the reserve or by altering the description of the reserve.

Where a claim described in subsection 4(2) is settled, the Governor in Council may, by order,

amend Schedule 2 by removing the name and description of the reserve or by altering the description of the reserve; and

if the settlement provides that the reserve or part of it is to become a marine conservation area or part of one, amend Schedule 1 by adding the name and a description of the area or by altering the description of the area.

If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a reserve, the Governor in Council may, by order, amend Schedule 2 by removing the name and description of the reserve or by altering the description of the reserve.

Except as provided by subsections (2) and (3), no amendment may be made by the Governor in Council to Schedule 2 for the purpose of removing any portion of a reserve.

Before an amendment is made to Schedule 1 or 2 for a purpose referred to in subsection 5(1) or 6(1), respectively, the proposed amendment shall be laid before each House of Parliament together with a report on the proposed marine conservation area or reserve, which report shall include and an amendment so laid stands referred to the standing committee of each House that normally considers matters relating to marine conservation areas or to such other committee as that House may designate for the purposes of this section.

information on consultations undertaken, including a list of the names of organizations and persons consulted, the dates of the consultation and a summary of their comments,

any agreements reached respecting the establishment of the area or reserve,

the results of any assessments of mineral and energy resources undertaken, and

an interim management plan that sets out management objectives and a zoning plan,

The committee of each House may, within 30 sitting days after the amendment is tabled, report to the House that it disapproves the amendment, in which case a motion to concur in the report shall be put to the House in accordance with its procedures.

A proposed amendment to Schedule 1 or 2 may be made if 31 sitting days have elapsed after the tabling of the amendment in both Houses and no motion referred to in subsection (2) has been proposed in either House.

A proposed amendment to Schedule 1 or 2 may not be made if either House passes a motion referred to in subsection (2).

The following definitions apply in this section.

Ontario Water Resources Act means the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended from time to time. (Loi sur les ressources en eau de l’Ontario)

water taking means the taking of water within the meaning of the Ontario Water Resources Act or any regulations made under it, as those regulations are amended from time to time, however the reference to the taking of water is expressed grammatically in that Act or those regulations. (prélèvement d’eau)

water transfer means the transfer of water within the meaning of the Ontario Water Resources Act or any regulations made under it, as those regulations are amended from time to time, however the reference to the transfer of water is expressed grammatically in that Act or those regulations. (transfert d’eau)

The provisions concerning water taking and water transfer of the laws of Ontario, as those provisions are amended from time to time, apply within a marine conservation area in Ontario.

For greater certainty, the laws of Ontario whose provisions concerning water taking and water transfer apply within a marine conservation area in Ontario include the Ontario Water Resources Act, the Environmental Bill of Rights, 1993, S.O. 1993, c. 28, as amended from time to time, and any regulations made under either of them, as those regulations are amended from time to time.

The provisions of the laws of Ontario that relate to the following matters, as those provisions are amended from time to time, apply within a marine conservation area in Ontario with regard to water taking and water transfer:

the administration and enforcement of the laws referred to in subsections (2) and (3);

orders by provincial officers, as defined in the Ontario Water Resources Act, and the review of those orders;

orders by Directors, as defined in the Ontario Water Resources Act; and

hearings held by the Environmental Review Tribunal, within the meaning assigned by the definition Tribunal” in the Ontario Water Resources Act, and appeals from its decisions.

Despite sections 18 and 19, the duties of marine conservation area wardens and enforcement officers do not include the administration or enforcement of the provisions of the laws of Ontario referred to in subsections (2) to (4).

Persons who are authorized under the laws of Ontario to administer and enforce the provisions of the laws of Ontario referred to in subsections (2) to (4) outside a marine conservation area in Ontario are authorized to administer and enforce those provisions within a marine conservation area in Ontario.

The Provincial Offences Act, R.S.O. 1990, c. P.33, as amended from time to time, applies to contraventions of the provisions of the laws of Ontario referred to in subsections (2) to (4).

The Statutory Instruments Act does not apply to any instrument that is made or issued under any of the provisions of the laws of Ontario referred to in subsections (2) to (4).

The superintendent of a marine conservation area in Ontario shall not issue a permit or other authorizing instrument relating to water taking or water transfer within the marine conservation area, or amend a permit or other authorizing instrument so as to allow water taking or water transfer within the area.

Section 12 does not apply in respect of any activity that is carried out in conformity with a permit or other authorizing instrument relating to water taking or water transfer within a marine conservation area in Ontario that is made or issued under any of the laws of Ontario referred to in subsections (2) to (4).

The Minister is responsible for the administration, management and control of marine conservation areas in relation to matters not assigned by law to any other Minister of the Crown.

The Minister has the administration of public lands in marine conservation areas.

The Minister may maintain and operate facilities and carry out operations and activities to achieve the purposes of this Act, and may conduct scientific research and monitoring and carry out studies based on traditional ecological knowledge, including traditional aboriginal ecological knowledge, in relation to marine conservation areas.

The Minister may enter into agreements with other federal and provincial ministers and agencies, local and aboriginal governments, bodies established under land claims agreements and other persons and organizations for carrying out the purposes of this Act.

The Minister shall, within five years after a marine conservation area is established, in consultation with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate, prepare a management plan for the marine conservation area that includes a long-term ecological vision for the marine conservation area and provision for ecosystem protection, human use, zoning, public awareness and performance evaluation, which shall be tabled in each House of Parliament.

The Minister shall review the management plan for each marine conservation area at least every 10 years and shall cause any amendments to the plan to be tabled in each House of Parliament.

In order to protect marine ecosystems and maintain marine biodiversity, the primary considerations in the development and modification of management plans and interim management plans shall be principles of ecosystem management and the precautionary principle.

Provisions of a management plan or an interim management plan respecting fishing, aquaculture and fisheries management are subject to an agreement between the Minister and the Minister of Fisheries and Oceans.

Provisions of a management plan or an interim management plan respecting marine navigation and marine safety are subject to an agreement between the Minister, the Minister of Transport and the Minister of Fisheries and Oceans.

If a marine conservation area includes an area that is the subject of a land claims agreement, the management plan or interim management plan for the marine conservation area and any amendments to it shall be prepared in a manner consistent with any applicable provisions of the agreement.

The Minister shall consult with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate in the development of marine conservation area policy and regulations, the establishment of any proposed marine conservation area and the modification of any marine conservation area, and any other matters that the Minister considers appropriate.

At least every two years, the Minister shall cause to be tabled in each House of Parliament a report on the state of marine conservation areas and on progress towards completion of a representative system of marine conservation areas.

The Minister shall, for each marine conservation area, establish a management advisory committee to advise the Minister on the formulation, review and implementation of the management plan for the area.

The Minister may establish other advisory committees to review and evaluate any aspect of marine conservation area policy or administration.

The Minister shall consult with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate with respect to the composition of advisory committees.

Except as permitted by this Act or the regulations,

no interest in public lands in a marine conservation area may be disposed of; and

no person shall use or occupy public lands in a marine conservation area.

No person shall explore for or exploit hydrocarbons, minerals, aggregates or any other inorganic matter within a marine conservation area.

No person shall dispose of any substance in waters within a marine conservation area except as authorized by a permit issued by a superintendent pursuant to this Act or, in the case of waters to which subsection 125(1) of the Canadian Environmental Protection Act, 1999 applies, authorized by section 130 of that Act or by a permit issued by the Minister of the Environment pursuant to section 127 or 128 of that Act.

No permit may be issued under section 127 or 128 of the Canadian Environmental Protection Act, 1999 for disposal in the waters of a marine conservation area except with the concurrence of the Minister.

Subject to section 7.1, the superintendent of a marine conservation area may, to the extent authorized by the regulations, issue, amend, suspend and revoke permits and other authorizing instruments for activities that are consistent with the management plan or interim management plan in the marine conservation area.

A fishing licence issued under the Fisheries Act is deemed to be a permit issued under this Act to carry out the activities permitted by the licence, subject to regulations made under subsection 16(1) on the recommendation of the Minister and the Minister of Fisheries and Oceans.

For greater certainty, the superintendent of a marine conservation area may not amend, suspend or revoke a fishing licence issued under the Fisheries Act.

The Governor in Council may make regulations, consistent with international law, for the control and management of any or all marine conservation areas, including regulations

for the protection of ecosystems and the elements of ecosystems;

for the protection of cultural, historical and archaeological resources;

for the management and control of renewable resource harvesting activities;

respecting the delimitation of zones within marine conservation areas;

restricting or prohibiting activities or regulating the use of facilities in marine conservation areas or in any zones;

respecting the issuance, amendment, suspension and revocation of permits and other authorizing instruments pursuant to section 15, including the number of persons who may hold any class of permits or other instruments and the authority of superintendents to impose conditions on holders of permits or other instruments;

respecting the determination of fees, rates, rents and other charges for the use of resources, facilities and services and the issuance and amendment of permits and other authorizing instruments;

authorizing the granting, and the surrender or relinquishment, of leases, licences, easements or servitudes, of or over public lands in marine conservation areas for uses compatible with section 4;

respecting the safety of the public;

for the control of the flight of aircraft to prevent danger or disturbances to wildlife and wildlife habitat, and respecting the takeoff, landing and taxiing of aircraft;

for the control of scientific research activities;

authorizing the disposal of waste or other matter by persons holding permits for that purpose, in the manner and to the extent specified in the regulations, in waters of a marine conservation area to which subsection 125(1) of the Canadian Environmental Protection Act, 1999 does not apply;

exercising, in relation to marine conservation areas, any of the powers to make regulations conferred on the Governor in Council by the Canada National Parks Act; and

designating provisions of the regulations for the purpose of subsection 24(1).

Regulations made under this section do not apply in respect of search and rescue operations carried out by any federal authority.

Regulations under this section respecting fisheries management and conservation or restricting or prohibiting fishing or aquaculture may be made only on the recommendation of the Minister and the Minister of Fisheries and Oceans.

Regulations under this section that restrict or prohibit marine navigation or activities related to marine safety, to the extent that such regulations can be made on the recommendation of the Minister of Transport under the Canada Shipping Act, 2001 or the Arctic Waters Pollution Prevention Act, may only be made on the recommendation of the Minister and the Minister of Transport.

Regulations under paragraph (1)(j) that restrict or prohibit air navigation may be made only on the recommendation of the Minister and the Minister of Transport.

Regulations referred to in subsection (2), (3) or (4) prevail over regulations made under the Fisheries Act, the Coastal Fisheries Protection Act, the Canada Shipping Act, 2001, the Arctic Waters Pollution Prevention Act, the Canadian Navigable Waters Act, the Aeronautics Act or the Wrecked, Abandoned or Hazardous Vessels Act to the extent of any conflict between them.

The Governor in Council may, by regulation, exempt from any regulation made under section 16 or from any provision thereof, subject to any conditions that the Governor in Council considers appropriate, movements or activities of a ship or aircraft, or of a class of ships or aircraft, owned by or operated by or on behalf of Her Majesty in right of Canada, or owned or operated by Her Majesty in right of a province or by a foreign state, if so recommended by the Minister and any other minister of the Crown having responsibility in relation to the movement or activity and if the Governor in Council is satisfied that the exemption is necessary

in the interests of Canadian sovereignty or security; or

for the conduct of any maritime activity by Canada, a province or a foreign state that is consistent with the purposes of this Act.

The Minister may designate persons appointed under the Parks Canada Agency Act whose duties include the enforcement of this Act to be marine conservation area wardens and marine conservation area wardens are, for those purposes, peace officers within the meaning of the Criminal Code.

for the enforcement of this Act and the regulations in any part of Canada or the exclusive economic zone of Canada, and

for the preservation and maintenance of the public peace in marine conservation areas, except in any portion of them situated within the exclusive economic zone of Canada,

The Minister may designate persons or classes of persons employed in the public service of Canada or by a provincial, municipal or local authority or an aboriginal government, whose duties include law enforcement, to be enforcement officers for the purpose of the enforcement of specified provisions of this Act or the regulations in specified marine conservation areas, and for that purpose enforcement officers have the powers and are entitled to the protection provided by law to peace officers within the meaning of the Criminal Code.

The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or by an aboriginal government for the purpose of the enforcement of this Act or the regulations with respect to offences that have been designated as contraventions under the Contraventions Act.

The Minister may specify that a designation is in respect of one or more marine conservation areas or in respect of all or specified offences under this Act that have been designated as contraventions under the Contraventions Act.

Every marine conservation area warden, enforcement officer and person designated under section 19.1 shall be provided with a certificate of designation in a form approved by the Minister and shall take and subscribe an oath prescribed by the Minister.

The certificate must specify the limitations, if any, to which the designation is subject.

In the discharge of their duties, marine conservation area wardens and enforcement officers and any persons accompanying them may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.

Marine conservation area wardens and enforcement officers are not personally liable for anything they do or omit to do in good faith under this Act.

A marine conservation area warden or enforcement officer may, in accordance with the Criminal Code, arrest without warrant any person

whom the warden or officer finds committing an offence under this Act; or

who the warden or officer believes, on reasonable grounds, has committed or is about to commit an offence under this Act.

A marine conservation area warden or enforcement officer may

enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and

seize any thing that the warden or officer believes on reasonable grounds is a thing described in subsection (2).

If a justice of the peace, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that there is in any place, including any building, boat or other conveyance, or in any package or receptacle, the justice of the peace may issue a warrant authorizing a marine conservation area warden or enforcement officer named in the warrant to enter and search the place or to open and examine the package or receptacle, subject to any conditions specified in the warrant.

any thing in relation to which there are reasonable grounds to believe an offence under this Act or the regulations has been committed, or

any thing that there are reasonable grounds to believe will afford evidence with respect to the commission of such an offence,

A marine conservation area warden or enforcement officer may exercise any powers under subsection (1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain one.

Subject to subsections (2) and (3) and sections 25 and 26, where a marine conservation area warden or enforcement officer seizes a thing under this Act or under a warrant issued pursuant to the Criminal Code,

sections 489.1 and 490 of the Criminal Code apply; and

the warden or officer, or any person that the warden or officer may designate, shall retain custody of the thing subject to any order made under section 490 of the Criminal Code.

If the lawful ownership of or entitlement to a seized thing cannot be ascertained within 30 days after its seizure, the thing, or any proceeds of its disposition, are forfeited to Her Majesty in right of Canada, if the thing was seized by a marine conservation area warden or enforcement officer employed in the public service of Canada, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or an aboriginal government.

Where a seized thing is perishable, the marine conservation area warden or enforcement officer may dispose of it or destroy it, and any proceeds of its disposition shall be paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after its seizure, or shall be retained by the warden or officer pending the outcome of those proceedings.

If a thing is seized under this Act, the person who owned the thing at the time that it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any.

Every person who contravenes any provision of this Act or any provision of the regulations designated by regulations made under paragraph 16(1)(n) is guilty of an offence and liable

on conviction on indictment,

in the case of an individual,

for a first offence, to a fine of not less than $15,000 and not more than $1,000,000, and

for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000,

in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and

in the case of a corporation that the court has determined under section 24.1 to be a small revenue corporation,

for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

on summary conviction,

in the case of an individual,

for a first offence, to a fine of not less than $5,000 and not more than $300,000, and

for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000,

in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and

in the case of a corporation that the court has determined under section 24.1 to be a small revenue corporation,

for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

Every person who contravenes any provision of the regulations, other than a provision designated by regulations made under paragraph 16(1)(n), or any condition of a permit or other authorizing instrument issued under this Act is guilty of an offence and liable

on conviction on indictment,

in the case of an individual,

for a first offence, to a fine of not more than $100,000, and

for a second or subsequent offence, to a fine of not more than $200,000,

in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

for a first offence, to a fine of not more than $500,000, and

for a second or subsequent offence, to a fine of not more than $1,000,000, and

in the case of a corporation that the court has determined under section 24.1 to be a small revenue corporation,

for a first offence, to a fine of not more than $250,000, and

for a second or subsequent offence, to a fine of not more than $500,000; or

on summary conviction,

in the case of an individual,

for a first offence, to a fine of not more than $25,000, and

for a second or subsequent offence, to a fine of not more than $50,000,

in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

for a first offence, to a fine of not more than $250,000, and

for a second or subsequent offence, to a fine of not more than $500,000, and

in the case of a corporation that the court has determined under section 24.1 to be a small revenue corporation,

for a first offence, to a fine of not more than $50,000, and

for a second or subsequent offence, to a fine of not more than $100,000.

If a contravention of this Act or the regulations is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

If an offence involves more than one animal, plant or object, the fine to be imposed in respect of that offence may, despite subsections (1) and (1.1), be the total of the fines that would have been imposed if each of the animals, plants or objects had been the subject of a separate information.

For the purposes of this section, a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted — under any Act of Parliament, or any Act of the legislature of a province, that relates to environmental or wildlife protection or conservation, or the protection of cultural, historical or archaeological resources — of a substantially similar offence.

Subsection (2.2) applies only to previous convictions on indictment and to previous convictions on summary conviction, and to previous convictions under any similar procedure under any Act of the legislature of a province.

Whether or not proceedings have been commenced with respect to an offence under this Act, Her Majesty in right of Canada may undertake or continue proceedings to prevent conduct that constitutes such an offence.

For the purpose of section 24, a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’s gross revenues for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000.

The court may impose a fine that is less than the minimum amount provided for in subsection 24(1) if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court shall provide reasons if it imposes a fine that is less than the minimum amount provided for in that subsection.

If a person is convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court shall order the person to pay an additional fine in an amount equal to the court’s estimation of the value of that property, benefit or advantage. The additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act.