• 9. (1) Every person who exports from Canada a live animal shall, where it is shipped by air, prepare it for shipment and ship it in accordance with the IATA Live Animals Regulations, 22nd edition, published in 1995 by the International Air Transport Association, as amended from time to time.

• (2) Every person who exports from Canada a live animal or plant shall, where it is shipped by land, sea or, in the case of a live plant, air, prepare it for shipment and ship it in accordance with the Guidelines for Transport and Preparation for Shipment of Live Wild Animals and Plants, as amended from time to time, adopted in 1979 by the Conference of Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora and published in 1980 under the sponsorship of the United Nations Environment Programme.

10. For the purposes of subsection 6(3) of the Act and in respect of a province into which an animal or plant is to be transported,

• (a) “animal” means any specimen, whether living or dead, of any wild species of the animal kingdom (kingdom Animalia) the transportation of which into that province is regulated or prohibited by the province, and includes any egg, sperm, tissue culture or embryo of any such animal; and

• (b) “plant” means any specimen, whether living or dead, of any wild species of the plant kingdom (kingdom Plantae) the transportation of which into that province is regulated or prohibited by the province, and includes any seed, spore, pollen or tissue culture of any such plant.

11. An animal or plant, or any part or derivative of an animal or plant, is exempted from the operation of subsection 6(3) of the Act where all required provincial permits have been obtained.

12. For the purposes of section 7 of the Act and in respect of a province out of which an animal or plant is to be transported,

• (a) “animal” means any specimen, whether living or dead, of any wild species of the animal kingdom (kingdom Animalia) the transportation of which out of that province is regulated or prohibited by the province, and includes any egg, sperm, tissue culture or embryo of any such animal; and

• (b) “plant” means any specimen, whether living or dead, of any wild species of the plant kingdom (kingdom Plantae) the transportation of which out of that province is regulated or prohibited by the province, and includes any seed, spore, pollen or tissue culture of any such plant.

• 13. (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.