Wild Animal and Plant Trade Regulations (SOR/96-263)

Regulations are current to 2017-11-20 and last amended on 2017-06-09. Previous Versions

Possession Exemptions

  •  (1) Every animal or plant listed as “fauna” or “flora” in Appendix I to the Convention, and any part or derivative of the animal or plant, is exempted from the operation of paragraph 8(c) of the Act where

    • (a) the person who possesses it establishes a reasonable probability that it or, in the case of a part or derivative, the animal or plant from which it comes, was taken from its habitat before July 3, 1975;

    • (b) the person who possesses it establishes a reasonable probability that it was legally imported into Canada; or

    • (c) the person who possesses it establishes a reasonable probability that the distributing of it or the offering to distribute it would be in accordance with any applicable federal and provincial laws that relate to the conservation and protection of the animal or plant.

  • (2) Every animal listed as “fauna” in Appendix I to the Convention, and any part or derivative of the animal, is exempted from the operation of paragraph 8(c) of the Act where the animal was bred in captivity or is part of a captive breeding program.

  • (3) Every plant listed as “flora” in Appendix I to the Convention, and any part or derivative of the plant, is exempted from the operation of paragraph 8(c) of the Act where the plant was artificially propagated or is part of an artificial propagation program.

  • (4) For the purpose of subsection (3), artificially propagated means grown from seeds, spores, pollens, tissue culture or other propagules under controlled conditions.

  • SOR/2017-123, s. 4.

Exemptions

Interpretation

 The definitions in this section apply in this section and sections 15 to 19.

commercial purpose

commercial purpose means any activity related to the sale, offering for sale, purchase, trade or barter of any animal or plant, or any part or derivative of one, without regard to its quantity or weight, including

  • (a) any display, performance or exhibit of such a thing for gain or profit; and

  • (b) the use of any such thing for the purpose of soliciting sales. (fin commerciale)

customs officer

customs officer has the meaning assigned to the word officer in subsection 2(1) of the Customs Act. (agent des douanes)

household effect

household effect means a plant or dead animal, or a part or derivative of one, that is imported to or exported from Canada for other than commercial purposes and that

  • (a) is owned and possessed by an individual in the individual’s ordinary country of residence and that forms part of the individual’s household belongings that are being shipped to or from Canada, to the individual’s new residence; or

  • (b) forms part of an inheritance from an estate that is imported to or exported from Canada. (objet à usage domestique)

hunting trophy

hunting trophy means a dead animal or a part or derivative of one that an individual acquired and possessed through legal hunting. (trophée de chasse)

personal baggage

personal baggage means, where an individual uses a commercial passenger conveyance to enter or depart from Canada, all hand-carried items and all checked baggage of the individual and, where an individual uses any other type of conveyance to enter or depart from Canada, baggage that is being carried in or on the same vehicle, vessel or aircraft as the individual. (bagages personnels)

personal effect

personal effect means any of the following things that is imported into or exported from Canada for other than commercial purposes:

  • (a) a plant or dead animal, or a part or derivative of one, that is owned and possessed by an individual in the individual’s ordinary country of residence and that, at the time of its import or export, is part of the individual’s clothing or accessories or is contained in the individual’s personal baggage; and

  • (b) a tourist souvenir or a hunting trophy. (objet personnel)

pet

pet means a living animal that an individual owns as a personal pet and that is listed in Part I of Schedule I but not in Schedule II. (animal de compagnie)

tourist souvenir

tourist souvenir means a dead animal, other than a hunting trophy, or a dead plant, or a part or derivative of one, that is listed in column I of an item of Schedule I and in respect of which there is a reference to Appendix II or III of the Convention in column II of that item and that is being imported into their ordinary country of residence by an individual who acquired, owned and possessed it outside their ordinary country of residence during a sojourn from which they are returning. (souvenir de voyage)

  • SOR/2000-3, s. 1.

Personal Effects and Household Effects

  •  (1) Subject to sections 16 and 18, an individual is exempt from holding an import or export permit issued under subsection 10(1) of the Act for any animal or plant, or any part or derivative of one, that is listed in Schedule I but not in Schedule II or Schedule III and that is a personal effect or a household effect, except

    • (a) in the case of a tourist souvenir, where it was acquired in a country where removal from the wild occurred and where that country requires the prior grant of an export permit before any export of it;

    • (b) in the case of the export of a dead plant or dead animal, or a part or derivative of one, other than feathers, that is raw, unprocessed, semi-processed or simply dried; and

    • (c) in the case of a hunting trophy other than one referred to in subsection (2).

  • (2) Subject to sections 16 and 18, an individual who is ordinarily resident in Canada or the United States is exempt from holding an import or export permit issued under subsection 10(1) of the Act for the export from Canada to the United States or the import into Canada from the United States of a hunting trophy that is in a fresh, frozen or salted condition and that was acquired and possessed by the individual through legal hunting, where the hunting trophy consists of

    • (a) the hide, the hide with paws and claws attached, the skull or meat, excluding organs, of a black bear (Ursus americanus); and

    • (b) the carcass or meat of a sandhill crane (Grus canadensis).

  • SOR/2000-3, s. 1.

 The exemption referred to in subsection 15(1) does not apply in respect of the importation or exportation of sturgeon caviar by an individual, if the quantity of caviar being imported or exported is greater than 250 g per individual.

  • SOR/2000-3, s. 1.

Pets

 Subject to section 18, an individual who is ordinarily resident in a country other than Canada and who imports a pet into Canada for other than commercial purposes and subsequently exports the pet from Canada is exempt from holding a permit issued under subsection 10(1) of the Act if

  • (a) the individual has obtained from the competent authority of the individual’s ordinary country of residence a permit, certificate or other written document authorizing the export from, and subsequent import into, that country of the pet; and

  • (b) the permit, certificate or other written document meets the requirements of the Convention and is in conformity with the resolutions passed by the Parties to the Convention regarding the movement of pets.

  • SOR/2000-3, s. 1.

Exemption Conditions

  •  (1) An individual is exempted under subsection 15(1) or (2) from holding a permit under subsection 10(1) of the Act on the condition that the individual not sell or dispose of the plant or animal or the part or derivative of one that is the subject of the exemption within 90 days after the date of import or export, as the case may be.

  • (2) An individual is exempted under section 17 from holding a permit under subsection 10(1) of the Act on the condition that the individual not sell or dispose of the pet that is the subject of the exemption outside of the individual’s ordinary country of residence within 90 days after the date of import or export, as the case may be.

  • SOR/2000-3, s. 1.

Declaration

  •  (1) Any individual who imports into Canada or exports from Canada an animal or plant, or a part or derivative of one, and who is exempt from holding a permit under these Regulations shall, on the request of an officer or a customs officer under subsection (2), make a declaration at the time of import or export on a form provided for that purpose by the Minister.

  • (2) The officer or customs officer shall request a declaration where the Minister requires it in order to obtain information relating to the implementation of the Convention.

  • (3) The declaration shall be signed by the importer or exporter and include the following information in respect of the imported or exported animal, plant, part or derivative:

    • (a) the name, street address and telephone number of the importer or exporter, as the case may be;

    • (b) a description of the animal, plant, part or derivative, in sufficient detail so as to permit it to be identified, including its common name and, if known, its scientific name, and, where applicable, a description of any thing that contains or is made up of the animal, plant, part or derivative;

    • (c) its number or quantity;

    • (d) its country of import or export, as the case may be;

    • (e) whether the animal, plant, part or derivative was acquired by the individual outside the individual’s ordinary country of residence during a sojourn from which they are returning and, if so, the name of the country in which it was acquired; and

    • (f) the date of import or export.

  • SOR/2000-3, s. 1.
 
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