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

1 [Repealed, SOR/2017-123, s. 2]

Interpretation

2 In these Regulations,

Act

Act means the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act; (Loi)

artificially propagated

artificially propagated[Repealed, SOR/2017-123, s. 3]

bred in captivity

bred in captivity means

• (a) in the case of sexual reproduction, born or otherwise produced in a controlled environment of parents that mated or whose gametes were otherwise transmitted under controlled conditions, and

• (b) in the case of asexual reproduction, produced or developed under controlled conditions; (élevé en captivité)

competent authority

competent authority means the authority, body or person in a country or province who is legally competent to authorize the export from that country, or the transportation out of or into that province, of an animal or plant or any part or derivative of an animal or plant. (autorité compétente)

Fauna and Flora Listed in an Appendix to the Convention

• 3 (1) The animals listed in column I of an item of Part I of Schedule I are listed as “fauna” in the appendix to the Convention specified in column II of that item.

• (2) The plants listed in column I of an item of Part II of Schedule I are listed as “flora” in the appendix to the Convention specified in column II of that item.

Importation into Canada

4 For the purposes of subsection 6(1) of the Act,

• (a) animal means any specimen, whether living or dead, of any wild species of the animal kingdom (kingdom Animalia), 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), and includes any seed, spore, pollen or tissue culture of any such plant.

5 For the purposes of subsection 6(2) of the Act and in respect of importation,

• (a) animal means any specimen, whether living or dead, of any species of animal listed as “fauna” in an appendix to the Convention or listed in Schedule II, 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 species of plant listed as “flora” in an appendix to the Convention, and includes any seed, spore, pollen or tissue culture of any such plant.

5.1 [Repealed, SOR/2017-86, s. 2]

• 6 (1) A person who imports into Canada an animal or plant that is listed as “fauna” or “flora” in Appendix II to the Convention but is not listed in Schedule II, or any part or derivative of any such animal or plant, is exempted from holding a permit issued under subsection 10(1) of the Act where the person has obtained, before import, a permit, certificate or written authorization that satisfies the requirements of the Convention and is granted by a competent authority in the country of export.

• (2) Subject to subsection (3), a person who imports into Canada an animal or plant that is listed as “fauna” or “flora” in Appendix III to the Convention but is not listed in Schedule II, or any part or derivative of any such animal or plant, is exempted from holding a permit issued under subsection 10(1) of the Act where the person has obtained, before import, a certificate that satisfies the requirements of the Convention and is granted by a competent authority in the country of export.

• (3) Where a person imports into Canada an animal or plant referred to in subsection (2) and listed in a subitem of column I of Schedule I, or any part or derivative of any such animal or plant, from a country of export listed in column III of that subitem, the person is exempted from holding a permit issued under subsection 10(1) of the Act where the person has obtained, before import, a permit or certificate that satisfies the requirements of the Convention and is granted by a competent authority in that country.

Exportation from Canada

7 For the purposes of subsection 6(2) of the Act and in respect of exportation,

• (a) animal means any specimen, whether living or dead,

  • (i) of any species of animal listed as “fauna” in an appendix to the Convention, and includes any egg, sperm, tissue culture or embryo of any such animal, and

  • (ii) of any wild species of the animal kingdom (kingdom Animalia), or any egg, sperm, tissue culture or embryo of any such animal, the transportation of which out of a province is regulated or prohibited by the province; and

• (b) plant means any specimen, whether living or dead,

  • (i) of any species of plant listed as “flora” in an appendix to the Convention, and includes any seed, spore, pollen or tissue culture of any such plant, and

  • (ii) of any wild species of the plant kingdom (kingdom Plantae), or any seed, spore, pollen or tissue culture of any such plant, the transportation of which out of a province is regulated or prohibited by the province.

• 8 (1) This section applies only in respect of animals and plants that are not listed as “fauna” or “flora” in any appendix to the Convention.

• (2) A person who exports from Canada an animal or plant to which this section applies, or any part or derivative of any such animal or plant, is exempted from holding a permit issued under subsection 10(1) of the Act where the thing being exported is transported out of a province that does not prohibit such transportation and that

  • (a) allows such transportation only if the person has obtained a permit or certificate issued by a competent authority in the province that authorizes such transportation; or

  • (b) does not require provincial authorization for such transportation.

• 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.

Interprovincial Transport

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.

Elephant Tusk and Rhinoceros Horn

Interpretation

12.1 The following definitions apply in this section and sections 12.2 and 12.3.

elephant

elephant means a member of the species Elephas maximus, Loxodonta africana or Loxodonta cyclotis. (éléphant)

raw horn

raw horn means a whole rhinoceros horn or a cut piece of rhinoceros horn in any form, polished or unpolished, and includes horn that is part of a taxidermy mount, but does not include a whole horn if its entire surface has been carved or a cut piece of horn if it has been fully or partially carved or shaped. (corne brute)

raw ivory

raw ivory means a whole elephant tusk or a cut piece of elephant tusk in any form, polished or unpolished, and includes tusk that is part of a taxidermy mount, but does not include a whole tusk if its entire surface has been carved or a cut piece of tusk if it has been fully or partially carved or shaped. (ivoire brut)

rhinoceros

rhinoceros means a member of any species of the family Rhinocerotidae. (rhinocéros)

Permits

12.2 Despite any other provision of these Regulations, a person who imports into Canada or exports from Canada any specimen of elephant tusk or rhinoceros horn is under no circumstances exempted from holding a permit issued under subsection 10(1) of the Act.

12.3 A permit issued under subsection 10(1) of the Act must not authorize the importation or exportation of a specimen of raw ivory or raw horn unless the specimen is destined for

• (a) a museum or zoo;

• (b) use in scientific research; or

• (c) use in support of law enforcement activities.

Possession Exemptions

• 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.

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

Exemptions

Interpretation

14 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)