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An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment (S.C. 2009, c. 14)

Assented to 2009-06-18

  • 115. (1) The portion of subsection 23(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Ticketing procedure

    • 23. (1) In addition to the procedures set out in the Criminal Code for commencing a proceeding, proceedings in respect of any prescribed offence may be commenced by a park warden or enforcement officer by

  • (2) Paragraph 23(2)(b) of the Act is replaced by the following:

    • (b) include a statement, signed by the park warden or enforcement officer who completes the ticket, that the warden or officer has reasonable grounds to believe that the accused committed the offence;

  • (3) Subsection 23(3) of the Act is replaced by the following:

    • Marginal note:Notice of forfeiture

      (3) If a thing is seized under this Act and proceedings relating to it are commenced by way of the ticketing procedure, the park warden or enforcement officer who completed the ticket shall give written notice to the accused that if the accused pays the prescribed fine within the period set out in the ticket, the thing, or any proceeds realized from its disposition, shall immediately be forfeited to Her Majesty.

  • Marginal note:2003, c. 22, s. 219(E)

    (4) Paragraph 23(4)(b) of the Act is replaced by the following:

    • (b) anything seized from the accused under this Act relating to the offence described in the ticket, or any proceeds realized from its disposition, is forfeited to Her Majesty in right of Canada if the ticket was completed by a park warden or an enforcement officer who is a member of the federal public administration, or is forfeited to Her Majesty in right of Quebec if the ticket was completed by any other enforcement officer.

Marginal note:1992, c. 52

WILD ANIMAL AND PLANT PROTECTION AND REGULATION OF INTERNATIONAL AND INTERPROVINCIAL TRADE ACT

  • 116. (1) Subsection 12(1) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act is replaced by the following:

    Marginal note:Officers and analysts

    • 12. (1) The Minister may designate such persons or classes of persons as the Minister considers necessary to act as officers or analysts for the purposes of this Act or any provision of this Act, and if the person to be designated is an employee, or the class of persons to be designated consists of employees, of the government of a province, the Minister shall only designate that person or class with the agreement of that government.

  • (2) Subsections 12(3) and (4) of the Act are replaced by the following:

    • Marginal note:Certificate to be shown

      (3) On entering any place under this Act, an officer or analyst shall, on request, show the person in charge or the occupant of the place a certificate, in the form approved by the Minister, certifying that the officer or analyst, as the case may be, has been designated under this section.

    • Marginal note:Obstruction

      (4) No person shall knowingly make any false or misleading statement either orally or in writing to, or obstruct or hinder, an officer or analyst who is carrying out duties or functions under this Act or the regulations.

    • Marginal note:Immunity

      (5) Officers and analysts are not personally liable for anything they do or omit to do in good faith under this Act.