An Act respecting wildlife in CanadaCanada Wildlife ActCanada Wildlife201105
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W-9SHORT TITLEShort titleThis Act may be cited as the Canada Wildlife Act.
R.S., 1985, c. W-9, s. 1;
1994, c. 23, s. 2(F).
INTERPRETATION AND APPLICATIONDefinitionsIn this Act,Chief Review Officerréviseur-chefChief Review Officer means the review officer appointed as Chief Review Officer under subsection 244(1) of the Canadian Environmental Protection Act, 1999 and includes any review officer designated under subsection 244(3) of that Act to perform the functions of the Chief Review Officer.conveyancemoyen de transportconveyance means a vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods;MinisterministreMinister means the Minister of the Environment or, in respect of any matter related to the Northern Pipeline referred to in the Northern Pipeline Act, the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that Act;public landsterres domanialespublic lands means lands belonging to Her Majesty in right of Canada and lands that the Government of Canada has power to dispose of, subject to the terms of any agreement between the Government of Canada and the government of the province in which the lands are situated, and includesany waters on or flowing through the lands and the natural resources of the lands, andthe internal waters and the territorial sea of Canada;wildlife[Repealed, 1994, c. 23, s. 4]PossessionFor the purposes of this Act,a person has anything in possession when the person has it in their personal possession or knowinglyhas it in the actual possession or custody of another person, orhas it in any place, whether or not that place belongs to or is occupied by the person, for their own use or benefit or for the use or benefit of another person; andwhere a person has anything in their custody or possession with the knowledge and consent of another person or other persons, it is in the custody and possession of each and all of them.Aboriginal and treaty rightsFor greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.ApplicationThe provisions of this Act respecting wildlife apply in respect ofany animal, plant or other organism belonging to a species that is wild by nature or that is not easily distinguishable from such a species; andthe habitat of any such animal, plant or other organism.
R.S., 1985, c. W-9, s. 2;
1994, c. 23, s. 4;
2004, c. 25, s. 114(F);
2009, c. 14, s. 41.
Previous VersionHER MAJESTYBinding on Her MajestyThis Act is binding on Her Majesty in right of Canada or a province.
1994, c. 23, s. 5.
POWERS, DUTIES AND FUNCTIONS OF THE MINISTERPowers of the MinisterThe Minister mayundertake, promote and recommend measures for the encouragement of public cooperation in wildlife conservation and interpretation;initiate conferences and meetings respecting wildlife research, conservation and interpretation;undertake programs for wildlife research and investigation, and establish and maintain laboratories and other necessary facilities for that purpose;establish such advisory committees as the Minister deems necessary and appoint the members of those committees; andcoordinate and implement wildlife policies and programs in cooperation with the government of any province having an interest therein.
R.S., 1985, c. W-9, s. 3;
1994, c. 23, s. 6(F).
[Repealed, 1999, c. 31, s. 222]Powers of Minister on public lands assignedWhere the administration of any public lands has been assigned to the Minister pursuant to any federal law by reason of being required for wildlife research, conservation or interpretation, the Minister maytake charge of all wildlife research facilities operated on those lands;provide advice relating to any wildlife research, conservation and interpretation being carried out on those lands;subject to the regulations, carry out measures for the conservation of wildlife on those lands not inconsistent with any law respecting wildlife in the province in which the lands are situated; andsubject to the regulations, establish facilities or construct, maintain and operate works for wildlife research, conservation and interpretation on those lands.Powers in relation to lands administered by other ministersIf public lands under the administration of a minister of the Crown other than the Minister are, in the opinion of the Minister and the other minister, required for wildlife research, conservation or interpretation, the Governor in Council may, on the recommendation of both ministers, by order, authorize the Minister to exercise, with the concurrence of the other minister, the powers referred to in subsection (2) in relation to those lands or any portion of them specified in the order.
R.S., 1985, c. W-9, s. 4;
1991, c. 50, s. 47;
1994, c. 23, s. 7;
1999, c. 31, s. 222;
2002, c. 29, s. 134.
Previous VersionProtected marine areasThe Governor in Council may establish protected marine areas in any area of the sea that forms part of the internal waters of Canada, the territorial sea of Canada or the exclusive economic zone of Canada.Advice and conservation measuresThe Minister may provide advice relating to any wildlife research, conservation and interpretation carried out in protected marine areas and may carry out measures for the conservation of wildlife in those areas.
1994, c. 23, s. 8;
1996, c. 31, s. 107.
Delegation by MinisterThe Minister may delegate to any minister of the Crown in right of Canada any power conferred on the Minister under this Act. The other minister may then exercise the power subject to any terms and conditions that the Minister specifies.Sub-delegationThe other minister may delegate any power delegated under subsection (1) to any person employed in any department for which that other minister is responsible.
2002, c. 29, s. 135.
AGREEMENTSAgreementsThe Minister may, with the approval of the Governor in Council, enter into an agreement with the government of any province to provide forthe undertaking of wildlife research, conservation and interpretation programs and measures, the administration of lands for those purposes or the construction, maintenance and operation of facilities and works related thereto; andthe payment of contributions in respect of the costs of those programs and measures.
R.S., 1985, c. W-9, s. 5;
1994, c. 23, s. 9(F).
Provisions to be includedAny agreement entered into pursuant to section 5 shallspecify the portions, if any, of the cost of any program or measure to which the agreement relates that are payable by the Government of Canada and the government of the province or the amount of any contribution in respect of the cost of any program or measure that is payable by the Government of Canada and the time or times at which any amounts under the agreement will be paid;specify the authority that will be responsible for the undertaking, operation and maintenance of any program or measure to which the agreement relates or any part thereof;specify the proportions of the revenues from any program or measure to which the agreement relates that are payable to the Government of Canada and the government of the province; andspecify the terms and conditions governing the operation and maintenance of any program or measure to which the agreement relates and the charges, if any, to be charged to persons to whom any of the benefits of the program or measure are made available.
1973-74, c. 21, s. 6.
Other agreementsSubject to subsection (2), the Minister may enter into an agreement for the purposes set out in paragraphs 5(a) and (b) with any municipal authority or other organization or with any person, subject to the provisions of section 6, with such modifications as the circumstances require.Provincial approvalThe Minister shall not conclude any agreement referred to in subsection (1) except with the approval of the government of the province in which the program or measure to which the agreement relates is to be implemented or the property to which the agreement relates is situated.
1973-74, c. 21, s. 7.
ENDANGERED WILDLIFEMeasures for protectionThe Minister may, in cooperation with one or more provincial governments having an interest therein, take such measures as the Minister deems necessary for the protection of any species of wildlife in danger of extinction.
R.S., 1985, c. W-9, s. 8;
1994, c. 23, s. 10(F).
ACQUISITION OF LANDSAcquisition of LandsThe Governor in Council may authorize the Minister to lease any lands, or purchase or acquire any lands or any interests or rights in any lands, for the purpose of research, conservation and interpretation in respect ofmigratory birds; orwith the agreement of the government of the province having an interest therein, other wildlife.RestrictionsLands or interests or rights in lands purchased or acquired under subsection (1) shall not be disposed of, and no person shall use or occupy the lands, except under the authority of this Act or the regulations.Disposition or lease of landsThe Minister may authorize the disposition or lease of lands purchased or acquired under subsection (1) if, in the opinion of the Governor in Council, the disposition or lease is compatible with wildlife research, conservation and interpretation.
R.S., 1985, c. W-9, s. 9;
1994, c. 23, s. 11(F);
2004, c. 25, s. 115.
Previous VersionGENERALProperty acquired by gift or bequestWhere Her Majesty has acquired any money, securities or other property by gift, bequest or otherwise for any purpose relating to wildlife, the Minister shall expend, administer or dispose of the money, securities or other property subject to the terms, if any, on which the money, securities or other property was given, bequeathed or otherwise made available to Her Majesty.
R.S., 1985, c. W-9, s. 10;
1994, c. 23, s. 12(F);
2004, c. 25, s. 116(F).
Previous VersionDesignation of wildlife officers and analystsThe Minister may designate any person or class of persons to act as wildlife officers or analysts for the purposes of this Act and the regulations.Designation of provincial government employeesThe Minister may not designate any person or class of persons employed by the government of a province unless that government agrees.Certificate of designationEvery wildlife officer and analyst must be provided with a certificate of his or her designation as a wildlife officer, or as an analyst, as the case may be, in a form approved by the Minister and, on entering any place under this Act, the officer or analyst shall, if so requested, show the certificate to the occupant or person in charge of the place.Powers of peace officersFor the purposes of this Act and the regulations, wildlife officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any person or class of persons.Exemptions for law enforcement activitiesFor the purpose of investigations and other law enforcement activities under this Act, the Minister may, on any terms and conditions the Minister considers necessary, exempt wildlife officers who are carrying out duties or functions under this Act, and persons acting under their direction and control, from the application of any provision of this Act or the regulations.ObstructionWhen a wildlife officer or an analyst is carrying out duties or functions under this Act or the regulations, no person shallknowingly make any false or misleading statement either orally or in writing to the wildlife officer or analyst; orotherwise wilfully obstruct the wildlife officer or analyst.
R.S., 1985, c. W-9, s. 11;
1994, c. 23, s. 13;
2009, c. 14, s. 42.
Previous VersionInspectionsFor the purpose of ensuring compliance with this Act and the regulations, a wildlife officer may, subject to subsection (3), at any reasonable time enter and inspect any place in which the officer believes, on reasonable grounds, there is any thing to which this Act or the regulations apply or any document relating to the administration of this Act or the regulations, and the wildlife officer mayopen or cause to be opened any container that the wildlife officer believes, on reasonable grounds, contains any such thing or document;inspect the thing and take samples free of charge;require any person to produce the document for inspection or copying, in whole or in part; andseize any thing by means of or in relation to which the wildlife officer believes, on reasonable grounds, this Act or the regulations have been contravened or that the wildlife officer believes, on reasonable grounds, will provide evidence of a contravention.AnalystsAn analyst may, for the purposes of this Act, accompany a wildlife officer who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the wildlife officer, enter the place and exercise any of the powers described in paragraphs (1)(a) and (b).ConveyanceFor the purposes of carrying out the inspection, the wildlife officer may stop a conveyance or direct that it be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where the inspection can be carried out.Dwelling-placeThe wildlife officer may not enter a dwelling-place except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant.WarrantWhere on ex parte application a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath thatthe conditions for entry described in subsection (1) exist in relation to a dwelling-place,entry to the dwelling-place is necessary in relation to the administration of this Act or the regulations, andentry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused,the justice may issue a warrant authorizing the wildlife officer to enter the dwelling-place subject to any conditions that may be specified in the warrant.
1994, c. 23, s. 13;
2009, c. 14, s. 43.
Previous VersionRight of passageWhile carrying out duties or functions under this Act, wildlife officers and analysts, 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.
2009, c. 14, s. 44.
AssistanceThe owner or person in charge of a place being inspected under section 11.1, and every person found in the place, shallgive the wildlife officer or analyst all reasonable assistance to enable the wildlife officer or analyst to carry out their duties or functions under this Act; andprovide the wildlife officer or analyst with any information with respect to the administration of this Act that he or she may reasonably require.
2009, c. 14, s. 44.
ImmunityWildlife officers, analysts and persons acting under a wildlife officer’s direction and control are not personally liable for anything they do or omit to do in good faith under this Act.
2009, c. 14, s. 44.
Search and seizure without warrantFor the purpose of ensuring compliance with this Act and the regulations, a wildlife officer may exercise the powers of search and seizure provided in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be feasible to obtain the warrant.
1994, c. 23, s. 13.
Custody of things seizedSubject to subsections (2) and (3), where a wildlife officer seizes a thing under this Act or under a warrant issued under the Criminal Code,sections 489.1 and 490 of the Criminal Code apply; andthe wildlife officer, or any person that the officer may designate, shall retain custody of the thing subject to any order made under section 490 of the Criminal Code.Forfeiture where ownership not ascertainableWhere the lawful ownership of or entitlement to the seized thing cannot be ascertained within thirty days after its seizure, the thing, or any proceeds of its disposition, are forfeited toHer Majesty in right of Canada, if the thing was seized by a wildlife officer employed in the federal public administration; orHer Majesty in right of a province, if the thing was seized by a wildlife officer employed by the government of that province.Perishable thingsWhere the seized thing is perishable, the wildlife officer may dispose of it or destroy it, and any proceeds of its disposition must bepaid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within ninety days after its seizure; orretained by the wildlife officer pending the outcome of the proceedings.AbandonmentThe owner of the seized thing may abandon it to Her Majesty in right of Canada or a province.
1994, c. 23, s. 13;
2003, c. 22, s. 224(E);
2004, c. 25, s. 117(F).
Previous VersionDisposition by MinisterAny thing that has been forfeited or abandoned under this Act must be dealt with and disposed of as the Minister may direct.
1994, c. 23, s. 13;
2009, c. 14, s. 45(F).
Previous VersionLiability for costsIf a thing is seized under this Act or under a warrant issued under the Criminal Code, the person who owned the thing at the time 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.
1994, c. 23, s. 13;
2001, c. 4, s. 128(E);
2004, c. 25, s. 118(F);
2009, c. 14, s. 46.
Previous VersionMeaning of orderFor the purpose of sections 11.7 to 11.97 order means a compliance order issued under section 11.7.
2009, c. 14, s. 46.
Compliance orderWhenever, during the course of an inspection or a search, a wildlife officer has reasonable grounds to believe that any provision of this Act or the regulations has been contravened by a person who is continuing the commission of the offence, or that any of those provisions are likely to be contravened, the wildlife officer may issue a compliance order directing any person who causes or contributes to the alleged contravention, or who is likely to do so, to take any of the measures referred to in subsection (2) that are reasonable in the circumstances and consistent with wildlife conservation and public safety in order to cease or refrain from committing the alleged contravention.Specific measuresThe order may specify that the person to whom the order is directed take one or more of the following measures:refrain from doing anything in contravention of this Act or the regulations, or do anything to comply with this Act or the regulations;stop or shut down any activity, work, undertaking or thing for a specified period;cease the operation of any activity or any part of a work, undertaking or thing until the wildlife officer is satisfied that the activity, work, undertaking or thing will be operated in accordance with this Act and the regulations;move any conveyance to another location including, in the case of a vessel, moving the vessel into port or, in the case of an aircraft, landing the aircraft;unload or reload the contents of any conveyance; andtake any other measure that the wildlife officer considers necessary to facilitate compliance with the order or to protect and conserve wildlife and wildlife habitat, including, but not limited to,maintaining records on any relevant matter,reporting periodically to the wildlife officer, andsubmitting to the wildlife officer any information, proposal or plan specified by the wildlife officer that sets out any action to be taken by the person with respect to the subject matter of the order.Contents of orderSubject to section 11.8, an order must be made in writing and must set outthe name of the person or persons to whom the order is directed;the provision of this Act or the regulations that is alleged to have been or that is likely to be contravened;the relevant facts surrounding the alleged contravention;the measures to be taken;the time or the day when each measure is to begin or the period during which it is to be carried out;subject to subsection (4), the duration of the order;a statement that a request for a review may be made to the Chief Review Officer; andthe period within which a request for a review may be made.Duration of orderAn order may not be in force for a period of more than 180 days.Failing to file reportFor the purposes of subsection (1), a person who commits an offence by failing to file a report required by this Act or the regulations is deemed to be continuing the commission of the offence each day that the report is not filed.Statutory Instruments ActAn order is not a statutory instrument for the purposes of the Statutory Instruments Act.
2009, c. 14, s. 46.
Exigent circumstancesIn the case of exigent circumstances, an order may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 11.7.Meaning of exigent circumstancesFor greater certainty, exigent circumstances includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 11.7(3) would result in danger to human life or to the environment, including wildlife.
2009, c. 14, s. 46.
Notice of intentExcept in exigent circumstances, a wildlife officer shall, whenever practicable, before issuing an order,provide every person who will be subject to the order with an oral or written notice of the officer’s intention to issue it; andallow a reasonable opportunity in the circumstances for the person to make oral representations.Contents of notice of intentThe notice of intent to issue the order must includea statement of the purpose of the notice;a reference to the statutory authority under which the order is to be issued; anda statement that the party notified may make oral representations to the wildlife officer within the period stated in the notice.
2009, c. 14, s. 46.
Compliance with the orderA person to whom an order is directed shall, immediately on receipt of the order or a copy of it or on being directed by a wildlife officer in an order given orally under subsection 11.8(1), comply with the order.No bar to proceedingsThe issuance of or compliance with an order in respect of a person’s alleged contravention of this Act or the regulations is not a bar to any proceedings against the person under this or any other Act in relation to the alleged contravention.
2009, c. 14, s. 46.
Intervention by wildlife officerIf a person to whom an order is directed fails to take any measures specified in the order, a wildlife officer may take the measures or cause them to be taken.Access to propertyA wildlife officer or other person authorized or required by a wildlife officer to take measures under subsection (1) may enter and have access to any place or property and may do any reasonable thing that may be necessary in the circumstances.Personal liabilityAny person, other than a person referred to in subsection 11.7(1), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized or required by a wildlife officer under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith.
2009, c. 14, s. 46.
Recovery of reasonable costs and expenses by Her MajestyHer Majesty in right of Canada may recover the costs and expenses of and incidental to any measures taken under subsection 11.92(1) from any person who caused or contributed to the alleged contravention, to the extent of the person’s negligence in causing or contributing to the alleged contravention.Costs must have been reasonably incurredThe costs and expenses may only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances.ProcedureA claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken in the name of Her Majesty in right of Canada in any court of competent jurisdiction.Recourse or indemnityThis section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.Limitation periodIf events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted more than five years after the day on which the events occur or become evident to the Minister, whichever is later.Minister’s certificateA document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document is to be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof.
2009, c. 14, s. 46.
Request for reviewAny person to whom an order is directed may, by notice in writing given to the Chief Review Officer within 30 days after the day on which the person receives a copy of the written order or after the oral order is given, make a request to the Chief Review Officer for a review of the order.Extension of period for requestThe Chief Review Officer may extend the period within which a request for a review may be made if, in his or her opinion, it is in the public interest to do so.
2009, c. 14, s. 46.
Variation or cancellation of orderAt any time before a notice requesting a review of an order is received by the Chief Review Officer, the wildlife officer may, after giving reasonable notice,amend or suspend a term or condition of the order, or add a term or condition to, or delete a term or condition from, the order;cancel the order;correct a clerical error in the order; orextend the duration of the order for a period of not more than 180 days less the number of days that have passed since the day on which the order was received by the person who is subject to it.Notice of intentExcept in exigent circumstances, a wildlife officer shall, whenever practicable, before exercising a power under paragraph (1)(a) or (d),provide every person who will be subject to the order with an oral or written notice of the officer’s intention to exercise the power; andallow a reasonable opportunity in the circumstances for the person to make oral representations.Contents of notice of intentThe notice of intent to exercise a power under paragraph (1)(a) must includea statement of the purpose of the notice;a reference to the statutory authority under which the power is to be exercised; anda statement that the party notified may make oral representations to the wildlife officer within the period stated in the notice.
2009, c. 14, s. 46.
RegulationsThe Minister may make regulationsprescribing the form of reporting to wildlife officers under subparagraph 11.7(2)(f)(ii) and specifying the information required to be contained in or to accompany the report; andof either particular or general application, respecting representations made to wildlife officers under subsection 11.9(1) or 11.95(2).
2009, c. 14, s. 46.
ReviewSections 257 to 271 of the Canadian Environmental Protection Act, 1999 apply, with any modifications that the circumstances require, to a review requested of any order.
2009, c. 14, s. 46.
RegulationsThe Governor in Council may make regulationsrespecting the prohibition against entry, generally or for any specified period or purpose, by persons on lands under the administration of the Minister, or on public lands referred to in an order made under subsection 4(3), or on any part of those lands;specifying the measures to be taken, in cooperation with the government of any province having an interest therein, for the protection of any species of wildlife in danger of extinction;for the implementation of the provisions of any agreement under this Act;for the preservation, control and management of lands purchased, acquired or leased pursuant to section 9;specifying the use for any purpose of any lands purchased or acquired pursuant to section 9 if that use is compatible with wildlife research, conservation and interpretation;respecting the closing of lands purchased or acquired pursuant to section 9 to persons who endanger the wildlife thereon;respecting the issuance, renewal, revocation and suspension of permits, leases, stamps and other authorizing instruments required to carry on any activity under this Act or the regulations;for charging fees for the permits, leases, stamps or other authorizing instruments and for determining the amount of the fees and the terms and conditions under which they are to be paid;prescribing measures for the conservation of wildlifeon public lands the administration of which has been assigned to the Minister pursuant to any federal law,on public lands referred to in an order made under subsection 4(3), orin any protected marine areas established pursuant to subsection 4.1(1); and respecting the establishment of facilities or the construction, maintenance and operation of works for wildlife research, conservation and interpretationon public lands the administration of which has been assigned to the Minister pursuant to any federal law,on public lands referred to in an order made under subsection 4(3), orin any protected marine areas established pursuant to subsection 4.1(1).
R.S., 1985, c. W-9, s. 12;
1991, c. 50, s. 48;
1994, c. 23, s. 14;
2002, c. 29, s. 136;
2009, c. 14, s. 47.
Previous VersionOFFENCES AND PUNISHMENTContravention of Act or regulationsEvery person who contravenes subsection 11(6) or any regulationis guilty of an offence punishable on summary conviction and is liablein the case of a corporation, to a fine not exceeding $100,000, andin the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; oris guilty of an indictable offence and is liablein the case of a corporation, to a fine not exceeding $250,000, andin the case of an individual, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding five years, or to both.Subsequent offenceWhere a person is convicted of an offence under this Act a second or subsequent time, the amount of the fine for the subsequent offence may, notwithstanding subsection (1), be double the amount set out in that subsection.Continuing offenceA person who commits or continues an offence on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued.Fines cumulativeA fine imposed for an offence involving more than one animal, plant or other organism may be calculated in respect of each one as though it had been the subject of a separate information and the fine then imposed is the total of that calculation.Additional fineWhere a person has been convicted of an offence and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence,the court may order the person to pay an additional fine in an amount equal to the court’s estimation of the amount of the monetary benefits; andthe additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act.
R.S., 1985, c. W-9, s. 13;
1994, c. 23, s. 15.
ForfeitureWhere a person is convicted of an offence, the convicting court may, in addition to any punishment imposed, order that any seized thing by means of or in relation to which the offence was committed, or any proceeds of its disposition, be forfeited to Her Majesty.Return where no forfeiture orderedWhere the convicting court does not order the forfeiture, the seized thing, or the proceeds of its disposition, must be returned to its lawful owner or the person lawfully entitled to it.
1994, c. 23, s. 15.
Retention or saleWhere a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.
1994, c. 23, s. 15.
Orders of courtWhere a person is convicted of an offence, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order containing one or more of the following prohibitions, directions or requirements:prohibiting the person from doing any act or engaging in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence;directing the person to take any action that the court considers appropriate to remedy or avoid any harm to any wildlife that resulted or may result from the commission of the offence;directing the person to carry out environmental effects monitoring in the manner established by the Minister, or directing the person to pay, in the manner specified by the court, an amount for the purpose of environmental effects monitoring;directing the person to implement an environmental management system that meets a recognized Canadian or international standard specified by the court;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 proper management of wildlife or the conservation or protection of wildlife;directing the person to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;directing the person to notify, at the person’s own cost and in the manner specified by the court, any person aggrieved or affected by the person’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;directing the person to compensate any person, monetarily or otherwise, in whole or in part, for the cost of any remedial or preventive action taken, caused to be taken or to be taken as a result of the act or omission that constituted the offence, including costs of assessing appropriate remedial or preventive action;directing the person to pay, in a manner specified by the court, an amount to enable research to be conducted into the protection or conservation of the wildlife or the wildlife habitat in respect of which the offence was committed;directing the person to pay, in the manner prescribed by the court, an amount to an educational institution including for scholarships for students enrolled in studies related to the environment;directing the person to pay, in the manner prescribed by the court, an amount to environmental or other groups to assist in their work in or for the community where the offence was committed;directing the person to perform community service in accordance with any reasonable conditions that may be specified in the order;directing the person to submit to the Minister, on application to the court by the Minister within three years after the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances;requiring the person to comply with any other conditions that the court considers appropriate in the circumstances for securing the person’s good conduct and for deterring the person and any other persons from committing offences under this Act;directing the person to post a bond or provide a suretyship or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section;requiring the person to surrender to the Minister any permit or other authorization issued under this Act to the person; andprohibiting the person from applying for any new permit or other authorization under this Act during any period that the court considers appropriate.
1994, c. 23, s. 15;
2004, c. 25, s. 119(E);
2009, c. 14, s. 49.
Previous VersionComing into force and duration of orderAn order made under section 16 comes into force on the day on which it is made or on any other day that the court may determine and shall not continue in force for more than three years after that day unless the court provides otherwise in the order.
2009, c. 14, s. 50.
PublicationIf a person fails to comply with an order made under paragraph 16(c), the Minister may, in the manner that the court directed the person to do so, publish the facts relating to the commission of the offence and the details of the punishment imposed and recover the costs of publication from the person.
2009, c. 14, s. 50.
Debt due to Her MajestyIf the court makes an order under paragraph 16(b.3) or (d) directing a person to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under section 16.2, the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
2009, c. 14, s. 50.
EnforcementIf the court makes an order under paragraph 16(d) directing a person to pay an amount to another person, other than to Her Majesty in right of Canada, and the amount is not paid without delay, that other person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the person who was directed to pay the amount in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.
2009, c. 14, s. 50.
Cancellation or suspension of permits, etc.If the court makes an order under paragraph 16(i), any permit or other authorization to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate.
2009, c. 14, s. 50.
Suspended sentenceWhere a person is convicted of an offence and the court suspends the passing of sentence pursuant to paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order containing one or more of the prohibitions, directions or requirements mentioned in section 16.Imposition of sentenceWhere the person does not comply with the order or is convicted of another offence, within three years after the order was made, the court may, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended.
1994, c. 23, s. 15;
1995, c. 22, s. 18.
Limitation periodNo proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years.
1994, c. 23, s. 15;
2009, c. 14, s. 51.
Previous VersionPublication of information about contraventionsFor the purpose of encouraging compliance with this Act and the regulations, the Minister shall maintain, in a registry accessible to the public, information about all convictions of corporations for offences under this Act.RetentionInformation in the registry is to be maintained for a minimum of five years.
2009, c. 14, s. 51.
Minister may refuse or suspend permit, etc.The Minister may refuse to issue a permit or other authorization under this Act, or may amend, suspend or cancel such a permit or other authorization, if the applicant or the holder has been convicted of an offence under this Act.
2009, c. 14, s. 51.
Contraventions ActIf an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention.
2009, c. 14, s. 51.
ReviewThe Minister shall, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 13 to 18.3.Report to ParliamentThe Minister shall, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.
2009, c. 14, s. 51.
TICKETABLE OFFENCESProcedureIn addition to the procedures set out in the Criminal Code for commencing a proceeding, proceedings in respect of any offence prescribed by the regulations may be commenced by a wildlife officercompleting a ticket that consists of a summons portion and an information portion;delivering the summons portion to the accused or mailing it to the accused at the accused’s latest known address; andfiling the information portion with a court of competent jurisdiction before the summons portion has been delivered or mailed or as soon as is practicable afterward.Content of ticketThe summons and information portions of the ticket mustset out a description of the offence and the time and place of its alleged commission;include a statement, signed by the wildlife officer who completes the ticket, that the officer has reasonable grounds to believe that the accused committed the offence;set out the amount of the fine prescribed by the regulations for the offence and the manner in which and period within which it may be paid;include a statement that if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; andinclude a statement that if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court on the day and at the time set out in the ticket.Notice of forfeitureWhere a thing is seized under this Act and proceedings relating to it are commenced by way of the ticketing procedure, the wildlife officer who completes the ticket shall give written notice to the accused that, if the accused pays the fine prescribed by the regulations within the period set out in the ticket, the thing, or any proceeds of its disposition, will be immediately forfeited to Her Majesty.Consequences of paymentWhere an accused to whom the summons portion of a ticket is delivered or mailed pays the prescribed fine within the period set out in the ticket,the payment constitutes a plea of guilty to the offence and a conviction must be entered against the accused and no further action may be taken against the accused in respect of that offence; andnotwithstanding section 11.3, any thing seized from the accused under this Act that relates to the offence, or any proceeds of its disposition, are forfeited toHer Majesty in right of Canada, if the thing was seized by a wildlife officer employed in the federal public administration, orHer Majesty in right of a province, if the thing was seized by a wildlife officer employed by the government of that province.RegulationsThe Governor in Council may make regulations prescribingoffences in respect of which this section applies and the manner in which the offences are to be described in tickets; andthe amount of the fine for a prescribed offence, but the amount may not exceed $1,000.
1994, c. 23, s. 15;
2003, c. 22, s. 224(E).
Previous VersionAMENDMENTS NOT IN FORCE
— 1992, c. 47, s. 84 (Sch.), as amended by 1994, c. 23, s. 16Section 19 and the heading before it are repealed.
— 2009, c. 14, s. 47(2)2002, c. 29, s. 136(1)Section 12 of the Act is amended by striking out “and” at the end of paragraph (i), by adding “and” at the end of paragraph (j) and by adding the following after paragraph (j):designating provisions of the regulations for the purposes of paragraph 13(1)(b).
— 2009, c. 14, s. 481994, c. 23, s. 15Section 13 of the Act is replaced by the following:OffenceEvery person commits an offence who contravenessubsection 11(6) or 11.91(1);any provision of the regulations designated by regulations made under paragraph 12(k); oran order made by a court under this Act.Penalty — individualsEvery individual who commits an offence under subsection (1) is liable,on conviction on indictment,for a first offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, andfor a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both; oron summary conviction,for a first offence, to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both, andfor a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000 or to imprisonment for a term of not more than six months, or to both.Penalty — other personsEvery person, other than an individual or a corporation referred to in subsection (4), who commits an offence under subsection (1) is liable,on conviction on indictment,for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, andfor a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; oron summary conviction,for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, andfor a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.Penalty — small revenue corporationsEvery corporation that commits an offence under subsection (1) and that the court determines under section 13.02 to be a small revenue corporation is liable,on conviction on indictment,for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, andfor a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; oron summary conviction,for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, andfor a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.Relief from minimum fineThe court may impose a fine that is less than the minimum amount provided for in this section 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 this section.OffenceEvery person commits an offence who contravenesany provision of the Act or the regulations, other than a provision the contravention of which is an offence under subsection 13(1); oran order made under this Act, other than an order the contravention of which is an offence under subsection 13(1).Penalty — individualsEvery individual who commits an offence under subsection (1) is liable,on conviction on indictment,for a first offence, to a fine of not more than $100,000, andfor a second or subsequent offence, to a fine of not more than $200,000; oron summary conviction,for a first offence, to a fine of not more than $25,000, andfor a second or subsequent offence, to a fine of not more than $50,000.Penalty — other personsEvery person, other than an individual or a corporation referred to in subsection (4), that commits an offence under subsection (1) is liable,on conviction on indictment,for a first offence, to a fine of not more than $500,000, andfor a second or subsequent offence, to a fine of not more than $1,000,000; oron summary conviction,for a first offence, to a fine of not more than $250,000, andfor a second or subsequent offence, to a fine of not more than $500,000.Penalty — small revenue corporationsEvery corporation that commits an offence under subsection (1) and that the court determines under section 13.02 to be a small revenue corporation is liable,on conviction on indictment,for a first offence, to a fine of not more than $250,000, andfor a second or subsequent offence, to a fine of not more than $500,000; oron summary conviction,for a first offence, to a fine of not more than $50,000, andfor a second or subsequent offence, to a fine of not more than $100,000.Determination of small revenue corporation statusFor the purpose of sections 13 and 13.01, 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.Deeming — second and subsequent offenceFor the purposes of subsections 13(2) to (4) and 13.01(2) to (4), 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 conservation or protection — of a substantially similar offence.ApplicationSubsection (1) 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.Additional fineIf 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.Notice to shareholdersIf a corporation that has shareholders is convicted of an offence under this Act, the court shall make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed.Liability of directors and officers, etc., of corporationIf a corporation commits an offence under this Act, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the penalty provided for by this Act for an individual in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted or convicted.Directors’ dutiesEvery director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with the provisions of this Act and the regulations and obligations and prohibitions arising from this Act or the regulations.Fundamental purpose of sentencingThe fundamental purpose of sentencing for offences under this Act is to contribute, in light of the significant and many threats to wildlife and the importance of wildlife to the well-being of Canadians, to respect for the law protecting wildlife through the imposition of just sanctions that have as their objectivesto deter the offender and any other person from committing offences under this Act;to denounce unlawful conduct that damages or creates a risk of damage to wildlife; andto recover wildlife and restore wildlife habitat.Sentencing principlesIn addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court shall consider the following principles when sentencing a person who is convicted of an offence under this Act:the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); andthe amount of the fine should reflect the gravity of each aggravating factor associated with the offence.Aggravating factorsThe aggravating factors are the following:the offence caused damage or risk of damage to wildlife or wildlife habitat;the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable wildlife or wildlife habitat;the damage caused by the offence is extensive, persistent or irreparable;the offender committed the offence intentionally or recklessly;the offender failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so;by committing the offence or failing to take action to prevent its commission, the offender increased revenue or decreased costs or intended to increase revenue or decrease costs;the offender committed the offence despite having been warned by a wildlife officer of the circumstances that subsequently became the subject of the offence;the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife conservation or protection; andafter the commission of the offence, the offenderattempted to conceal its commission,failed to take prompt action to prevent, mitigate or remediate its effects, orfailed to take prompt action to reduce the risk of committing similar offences in the future.Absence of aggravating factorThe absence of an aggravating factor set out in subsection (2) is not a mitigating factor.Meaning of damageFor the purposes of paragraphs (2)(a) to (c), damage includes loss of use value and non-use value.ReasonsIf the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, the court shall give reasons for that decision.Documents admissible in evidenceA document made, given or issued under this Act and appearing to be signed by an analyst is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document.Attendance of analystThe party against whom the document is produced may, with leave of the court, require the attendance of the analyst who signed it.NoticeNo document referred to in subsection (1) may be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the document.Proof of offenceIn any prosecution of an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or prosecuted for the offence.Continuing offenceA person who commits or continues an offence under this Act on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued.Offences involving more than one animal, plant or other organismIf an offence under this Act involves more than one animal, plant or other organism, the fine to be imposed in respect of that offence may, despite sections 13 and 13.01, be the total of the fines that would have been imposed if each of the animals, plants or other organisms had been the subject of a separate information.Application of finesAll fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act, are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the environment or for administering that Fund.Recommendations of courtThe court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or an organization specified by the court for a purpose referred to in subsection (1).