Migratory Birds Convention Act, 1994 (S.C. 1994, c. 22)

Act current to 2017-11-20 and last amended on 2017-07-12. Previous Versions

Marginal note:Search and seizure without warrant

 For the purpose of ensuring compliance with this Act and the regulations, a game officer may exercise the powers of search and seizure provided in section 487 of the Criminal Code without a search warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be feasible to obtain it.

  • 1994, c. 22, s. 8;
  • 2005, c. 23, s. 7
Marginal note:Powers of direction and detention of vessels
  •  (1) A game officer may direct a vessel to any place in Canadian waters or the exclusive economic zone of Canada or make a detention order in relation to a vessel or do both, if they have reasonable grounds to believe that the vessel or a person on board the vessel has committed, is committing or is about to commit an offence under section 5.1 in Canadian waters and that the vessel was, is being or is about to be used in connection with the commission of the offence.

  • Marginal note:Powers of direction and detention of vessels

    (2) A game officer may direct a vessel to any place in Canadian waters or the exclusive economic zone of Canada or make a detention order in relation to a vessel or do both, if they have reasonable grounds to believe that

    • (a) the vessel or a person on board the vessel has committed, is committing or is about to commit an offence under section 5.1 in the exclusive economic zone of Canada and the vessel was, is being or is about to be used in connection with the commission of the offence; and

    • (b) commission of the offence will cause major damage to the environment, or an actual threat of major damage to the environment, in Canada or in the exclusive economic zone of Canada.

  • Marginal note:Major damage

    (3) For greater certainty, the deposit of a substance in contravention of section 5.1 that, together with other deposits made in contravention of that section by one or more persons or vessels, has a cumulative or aggregate effect may cause major damage to the environment.

  • Marginal note:Order in writing

    (4) A detention order shall be in writing and be addressed to every person at the place identified in the order who is empowered to give a clearance to the vessel.

  • Marginal note:Service of order

    (5) Notice of the detention order shall be served by delivering a copy of the notice personally to the master or, if service cannot reasonably be effected personally, by posting a copy of the notice on a conspicuous part of the vessel.

  • Marginal note:Duty of operator of vessel

    (6) Once notice of the detention order is served, no master, owner or operator of the vessel shall order the vessel to contravene the order.

  • Marginal note:Duty of persons empowered to give clearance

    (7) Subject to subsection (8), no person who has received notice of the detention order shall give clearance to the vessel to which the order relates.

  • Marginal note:When clearance may be given

    (8) A person who has received notice of the detention order may give clearance to the vessel to which the order relates if

    • (a) neither the vessel nor any person is charged with the offence that gave rise to the making of the order within 30 days after the day on which the order is made;

    • (b) within 30 days after the day on which the order is made, the vessel or a person is charged with the offence and every accused has appeared in Canada to answer to the charge;

    • (c) Her Majesty in right of Canada is given security, in a form determined by the Attorney General of Canada, for payment of the maximum fine that might be imposed as a result of a conviction of every accused and costs that might be incurred in proceedings in connection with the charge or charges, or payment of any lesser amount that is approved by the Attorney General of Canada;

    • (d) all proceedings in respect of the offence that gave rise to the making of the order are discontinued; or

    • (e) the order is rescinded by a game officer.

  • Marginal note:Consent of Attorney General of Canada

    (9) The powers to direct and detain a vessel may not be exercised in the exclusive economic zone of Canada in relation to a foreign vessel without the consent of the Attorney General of Canada.

  • Marginal note:Foreign state to be notified

    (10) If a vessel to which a detention order relates is registered in a foreign state, that state is to be notified that the order was made.

  • 2005, c. 23, s. 7.
Marginal note:Right of passage

 A person who is engaged in carrying out duties or functions under this Act and any person acting under their direction and control 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.

  • 2005, c. 23, s. 7;
  • 2009, c. 14, s. 97(F).
Marginal note:Assistance

 An owner, operator or person in charge or control of a place entered by a game officer under this Act, and every person found in the place, shall

  • (a) give the game officer and every person under their direction and control all reasonable assistance to enable the game officer to carry out their duties and functions under this Act; and

  • (b) provide the game officer and every person under their direction and control with any information relating to the administration of this Act and the regulations that the game officer may reasonably require.

  • 2005, c. 23, s. 7.
Marginal note:Custody of things seized
  •  (1) Subject to subsections (2) and (3), where a game officer seizes a thing under this Act or under a warrant issued under the Criminal Code,

    • (a) sections 489.1 and 490 of the Criminal Code apply; and

    • (b) the game 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.

  • Marginal note:Forfeiture where ownership not ascertainable

    (2) Where 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 to

    • (a) Her Majesty in right of Canada, if the thing was seized by a game officer employed in the federal public administration; or

    • (b) Her Majesty in right of a province, if the thing was seized by a game officer employed by the government of that province.

  • Marginal note:Perishable things

    (3) Where the seized thing is perishable, the game officer may dispose of it or destroy it, and any proceeds of its disposition must be

    • (a) paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are instituted within ninety days after its seizure; or

    • (b) retained by the game officer pending the outcome of the proceedings.

  • Marginal note:Abandonment

    (4) The lawful owner of the seized thing may abandon it to Her Majesty in right of Canada or a province.

  • 1994, c. 22, s. 9;
  • 2003, c. 22, s. 224(E)
Marginal note:Disposition by Minister

 Any thing that has been forfeited or abandoned under this Act must be dealt with and disposed of as the Minister may direct.

  • 1994, c. 22, s. 10;
  • 2009, c. 14, s. 98(F).
Marginal note:Liability for costs

 If 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. 22, s. 11;
  • 2009, c. 14, s. 99.
Marginal note:Delegation by Minister

 The Minister may delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any power conferred on the Minister under this Act relating to its enforcement or the issuance, renewal, revocation and suspension of permits. The minister or other person to whom the power is delegated may then exercise the power subject to any terms and conditions that the Minister specifies.

  • 2002, c. 29, s. 138.
 
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