21.1 (1) The Governor in Council may, on the recommendation of the Minister, by order, amend the definition “animal” or “plant” in section 2 for the purposes of subsection 6(2).
(2) If the Minister is of the opinion that the import of any specimen, living or dead, would be harmful to Canadian ecosystems or to any species in Canada and that urgent action is needed, the Minister may recommend that an order be made under subsection (1).
Marginal note:Duration of amendment
(3) The amendment made by the order applies for the period specified in the order, which period may not be longer than one year from the day the order is made.
(4) The order is exempt from the application of section 3 of the Statutory Instruments Act.
- 2002, c. 29, s. 141.
OFFENCE AND PUNISHMENT
Marginal note:Offence and punishment
22. (1) Every person who contravenes a provision of this Act or the regulations
(a) is guilty of an offence punishable on summary conviction and is liable
(i) in the case of a person that is a corporation, to a fine not exceeding fifty thousand dollars, and
(ii) in the case of a person other than a person referred to in subparagraph (i), to a fine not exceeding twenty-five thousand dollars 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 person that is a corporation, to a fine not exceeding three hundred thousand dollars, and
(ii) in the case of a person other than a person referred to in subparagraph (i), to a fine not exceeding one hundred and fifty thousand dollars 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:Fines cumulation
(3) Notwithstanding subsection (1), any fine imposed on a conviction for an offence involving more than one animal or plant, or part or derivative of an animal or plant, may be computed in respect of each animal, plant, part or derivative as though it had been the subject of a separate complaint or information and the fine imposed shall then be the sum payable in the aggregate as a result of that computation.
Marginal note:Continuing offence
(4) Where an offence under this Act is committed or continued on more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.
Marginal note:Additional fine
(5) Where a person has been convicted of an offence under this Act and the court is satisfied that as a result of the commission of the offence monetary benefits accrued to the person, the court may order the person to pay, notwithstanding the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court’s estimation of the amount of those monetary benefits.
Marginal note:Orders of court
(6) Where a person is convicted of an offence under this Act, in addition to any punishment imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order containing any one or more of the following prohibitions, directions or requirements:
(a) 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;
(b) directing the person to take any action the court considers appropriate to remedy or avoid any harm to any animal or plant to which any provision of this Act applies that resulted or may result from the commission of the offence;
(c) directing the person to publish, in any manner the court considers appropriate, the facts relating to the commission of the offence;
(d) directing the person to pay the Minister or the government of a province an amount of money as compensation, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the Minister or that government as a result of the commission of the offence;
(e) directing the person to perform community service in accordance with any reasonable conditions that may be specified in the order;
(f) directing the person to post a bond or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this subsection;
(g) directing the person to submit to the Minister, on application by the Minister within three years after the date of the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances; and
(h) requiring the person to comply with any other conditions that the court considers appropriate for securing the person’s good conduct and for preventing the person from repeating the offence or committing other offences under this Act.
Marginal note:Suspended sentence
(7) Where a person is convicted of an offence under this Act 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 directing the person to comply with any prohibition, direction or requirement mentioned in subsection (6).
Marginal note:Imposition of sentence
(8) Where a person whose sentence has been suspended fails to comply with an order made under subsection (7) or is convicted, within three years after the day on which the order was made, of another offence under this Act, 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.
Marginal note:Limitation period
(9) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the day on which the Minister became aware of the subject-matter of the proceedings.
Marginal note:Minister’s certificate
(10) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, shall be received in evidence and, in the absence of any evidence to the contrary, shall be considered as proof of that fact without proof of the signature or the official character of the person appearing to have signed it.
Marginal note:Private prosecutions
(11) Any person who has attained the age of majority may, where the Attorney General of Canada does not intervene, institute proceedings to which this Act applies.
- 1992, c. 52, s. 22;
- 1995, c. 22, s. 18.
- Date modified: