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

Act current to 2017-06-19 and last amended on 2010-12-10. Previous Versions

Ticketable Offences

Marginal note:Procedure
  •  (1) In 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 game officer

    • (a) completing a ticket that consists of a summons portion and an information portion;

    • (b) delivering the summons portion to the accused or mailing it to the accused at the accused’s latest known address; and

    • (c) filing 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.

  • Marginal note:Content of ticket

    (2) The summons and information portions of the ticket must

    • (a) set out a description of the offence and the time and place of its alleged commission;

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

    • (c) set out the amount of the fine prescribed for the offence by the regulations and the manner in which and period within which it may be paid;

    • (d) 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; and

    • (e) include 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.

  • Marginal note:Notice of forfeiture

    (3) Where a thing is seized under this Act and proceedings relating to it are commenced by way of the ticketing procedure, the game officer who completes 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 of its disposition, will be immediately forfeited to Her Majesty.

  • Marginal note:Consequences of payment

    (4) Where 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,

    • (a) 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; and

    • (b) notwithstanding section 9, any thing seized from the accused under this Act in relation to the offence, or any proceeds of its disposition, are forfeited to

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

      • (ii) 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:Regulations

    (5) The Governor in Council may make regulations prescribing

    • (a) offences in respect of which this section applies and the manner in which the offences are to be described in tickets; and

    • (b) the amount of the fine for a prescribed offence, but the amount may not exceed $1,000.

  • 1994, c. 22, s. 19;
  • 2003, c. 22, s. 224(E)

Disclosure of Information

Marginal note:Purposes for which information may be disclosed
  •  (1) Subject to the Privacy Act, information obtained in the administration or enforcement of this Act may be disclosed

    • (a) as necessary for the purposes of the administration or enforcement of this Act;

    • (b) in order to notify another Party to the Convention of an environmental emergency that has been discovered or a potential environmental risk;

    • (c) in order to notify the public of an environmental emergency that has been discovered, or a potential environmental risk, that may affect public health or public safety; or

    • (d) under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or an international organization or any of their institutions, or between the Minister and any other federal minister, if the purpose of the agreement or arrangement is

      • (i) the administration or enforcement of a law,

      • (ii) the fulfilment of the obligations of a Party under the Convention, or

      • (iii) research or statistical analysis in relation to the protection and conservation of migratory birds.

  • Marginal note:Protection from civil proceeding or prosecution

    (2) Despite any other Act of Parliament, no civil or criminal proceedings lie against a federal minister or any person who acts on behalf or under the direction of a federal minister, the Government of Canada or any of its institutions, and no proceedings lie against the Crown or any institution of the Government of Canada, for the disclosure in good faith of any information under this Act or for any consequences that flow from that disclosure.

  • 2005, c. 23, s. 16.

Consequential Amendment

 [Amendment]

Repeal

 [Repeal]

 
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