Migratory Birds Convention Act, 1994

Marginal note:Contravention of Act or regulations

• 13 (1) Every person who contravenes section 5, subsection 6(6) or any regulation

  • (a) is guilty of an offence punishable on summary conviction and is liable

    • (i) in the case of a corporation, to a fine not exceeding $100,000, and

    • (ii) in 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; or

  • (b) is guilty of an indictable offence and is liable

    • (i) in the case of a corporation, to a fine not exceeding $250,000, and

    • (ii) in 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.

• Marginal note:Subsequent offences

  (2) Where 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.

• Marginal note:Continuing offence

  (3) A 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.

• Marginal note:Fines cumulative

  (4) Any fine imposed for an offence involving more than one migratory bird or nest 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.

• Marginal note:Additional fine

  (5) Where 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,

  • (a) 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; and

  • (b) the additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act.