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

Act current to 2022-05-02 and last amended on 2017-12-12. Previous Versions

Migratory Birds Convention Act, 1994

S.C. 1994, c. 22

Assented to 1994-06-23

An Act to implement a Convention for the protection of migratory birds in Canada and the United States

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Migratory Birds Convention Act, 1994.

Interpretation

Marginal note:Definitions

  •  (1) In this Act,

    Canadian vessel

    Canadian vessel means a vessel

    • (a) that is registered, listed or licensed under the Canada Shipping Act, 2001,

    • (b) that is not registered, listed or licensed under the Canada Shipping Act, 2001 or under the laws of another state but is owned by one or more persons each of whom is

      • (i) a Canadian citizen,

      • (ii) in the case of a vessel that is not required to be registered, listed or licensed under that Act, a person who is resident and domiciled in Canada, or

      • (iii) a corporation incorporated under the laws of Canada or a province, that has its principal place of business in Canada, or

    • (c) that is not registered, listed or licensed under the Canada Shipping Act, 2001 but is owned or operated by Her Majesty in right of Canada; (bâtiment canadien)

    Chief Review Officer

    Chief Review Officer means the review officer appointed as Chief Review Officer under subsection 244(1) of the Canadian Environmental Protection Act, 1999 and includes any review officer designated under subsection 244(3) of that Act to perform the functions of the Chief Review Officer; (réviseur-chef)

    Convention

    Convention means the Convention set out in the schedule, as amended from time to time; (convention)

    conveyance

    conveyance means a vehicle, aircraft, vessel or any other contrivance that is used to move persons or goods; (moyen de transport)

    deposit

    deposit means any discharging, spraying, releasing, spilling, leaking, seeping, pouring, emitting, emptying, throwing, dumping or placing; (immersion ou rejet)

    environment

    environment means the components of the Earth and includes

    • (a) air, land and water,

    • (b) all layers of the atmosphere,

    • (c) all organic and inorganic matter and living organisms, and

    • (d) the interacting natural systems that include the components referred to in paragraphs (a) to (c); (environnement)

    fixed platform

    fixed platform means an artificial island or a marine installation or structure that is permanently attached to the seabed for the purpose of exploration or exploitation of resources or for other economic purposes; (plate-forme fixe)

    foreign national

    foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act; (étranger)

    foreign vessel

    foreign vessel means a vessel that is not a Canadian vessel; (bâtiment étranger)

    master

    master includes every person who has command or charge of a vessel but excludes a licensed pilot within the meaning of section 1.1 of the Pilotage Act; (capitaine)

    migratory bird

    migratory bird means a migratory bird referred to in the Convention, and includes the sperm, eggs, embryos, tissue cultures and parts of the bird; (oiseau migrateur)

    Minister

    Minister means the Minister of the Environment or, in respect of any matter related to the Northern Pipeline referred to in the Northern Pipeline Act, the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that Act; (ministre)

    nest

    nest means the nest of a migratory bird and includes parts of the nest. (nid)

    operator

    operator, in respect of a vessel, means a person other than an owner who has, either by law or by contract, the possession and use of the vessel; (exploitant)

    owner

    owner, in respect of a vessel, means an actual owner of the vessel if the vessel is not registered or listed, or a registered owner if it is registered or listed; (propriétaire)

    vessel

    vessel means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to the method or lack of propulsion, but does not include a fixed platform. (bâtiment)

  • Marginal note:Possession

    (2) For the purposes of this Act,

    • (a) a person has anything in possession when the person has it in their personal possession or knowingly

      • (i) has it in the actual possession or custody of another person, or

      • (ii) has it in any place, whether or not that place belongs to or is occupied by the person, for their own use or benefit or for the use or benefit of another person; and

    • (b) where a person has anything in their possession or custody with the knowledge and consent of another person or other persons, it is in the possession and custody of each and all of them.

  • Marginal note:Aboriginal and treaty rights

    (3) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

  • 1994, c. 22, s. 2
  • 2005, c. 23, ss. 1, 43, 44
  • 2009, c. 14, s. 94

Application

Marginal note:Application

 This Act applies in Canada and in the exclusive economic zone of Canada.

  • 2005, c. 23, s. 2

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

Purpose

Marginal note:Purpose

 The purpose of this Act is to implement the Convention by protecting and conserving migratory birds — as populations and individ­ual birds — and their nests.

  • 1994, c. 22, s. 4
  • 2005, c. 23, s. 3

Prohibitions

Marginal note:Prohibition

 Except as authorized by the regulations, no person shall, without lawful excuse,

  • (a) be in possession of a migratory bird or nest; or

  • (b) buy, sell, exchange or give a migratory bird or nest or make it the subject of a commercial transaction.

Marginal note:Prohibition

  •  (1) No person or vessel shall deposit a substance that is harmful to migratory birds, or permit such a substance to be deposited, in waters or an area frequented by migratory birds or in a place from which the substance may enter such waters or such an area.

  • Marginal note:Prohibition

    (2) No person or vessel shall deposit a substance or permit a substance to be deposited in any place if the substance, in combination with one or more substances, results in a substance — in waters or an area frequented by migratory birds or in a place from which it may enter such waters or such an area — that is harmful to migratory birds.

  • Marginal note:Saving

    (3) Subsections (1) and (2) do not apply if

    • (a) the deposit is authorized under the Canada Shipping Act, 2001; or

    • (b) the substance is of a type and quantity, and the deposit is made under conditions, authorized under an Act of Parliament other than the Canada Shipping Act, 2001, or authorized by the Minister for scientific purposes.

  • 2005, c. 23, ss. 4, 45

Marginal note:Prohibition

 No person shall

  • (a) wilfully destroy or cause to be destroyed a document, a record or data that is required to be kept under this Act or the Canada Shipping Act, 2001, or wilfully alter or cause to be altered such a document, a record or data with intent to mislead;

  • (b) make or cause to be made a false entry, or omit to make or cause to be omitted to be made a required entry, in a document, a record or data that is required to be kept under this Act or the Canada Shipping Act, 2001;

  • (c) wilfully obstruct or hinder a person who is engaged in carrying out duties or functions under this Act or a person acting under their direction and control; or

  • (d) knowingly provide false or misleading information or knowingly make a false or misleading statement, either orally or in writing, to a person who is engaged in carrying out duties or functions under this Act or a person acting under their direction and control.

  • 2005, c. 23, ss. 4, 46

Marginal note:Prohibition

  •  (1) No Canadian employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, because

    • (a) the employee, acting in good faith and on the basis of reasonable belief, disclosed to a federal minister, or any employee of the federal public administration, that the employer or another person had contravened or had intended to contravene a provision of this Act or the regulations;

    • (b) the employee, acting in good faith and on the basis of reasonable belief, refused or stated an intention to refuse to do anything that is a contravention of a provision of this Act or the regulations;

    • (c) the employee, acting in good faith and on the basis of reasonable belief, did or stated an intention to do anything that is required to be done to prevent a contravention of a provision of this Act or the regulations; or

    • (d) the employer believes that the employee will do anything referred to in paragraph (a), (b) or (c).

  • Marginal note:Definition of Canadian employer

    (2) In subsection (1), Canadian employer means an employer that is a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated under the laws of Canada or a province that has its principal place of business in Canada.

  • Marginal note:Saving

    (3) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.

  • Marginal note:Definitions of employee and employer

    (4) In this section, employee includes an independent contractor and employer has a corresponding meaning.

  • 2005, c. 23, ss. 4, 47(E)

Obligations

Marginal note:Obligation — owners, operators, etc.

 Every master, chief engineer, owner and operator of a vessel — and, if the owner or operator is a corporation, every director and officer of the corporation who is in a position to direct or influence its policies or activities relating to conduct prohibited by section 5.1 — shall take all reasonable care to ensure that the vessel and all persons on board the vessel comply with section 5.1.

  • 2005, c. 23, s. 4

Marginal note:Obligation — directors and officers

 Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act and the regulations.

  • 2005, c. 23, s. 4

Administration

Marginal note:Game officers

  •  (1) The Minister may designate any person or class of persons to act as game officers for the purposes of this Act and the regulations, and all members of the Royal Canadian Mounted Police are game officers for the purposes of this Act and the regulations.

  • Marginal note:Designation of provincial government employees

    (2) The Minister may not designate a person or class of persons employed by the government of a province unless that government agrees.

  • Marginal note:Certificate of designation

    (3) Every game officer must be provided with a certificate of designation as a game officer in a form approved by the Minister and, on entering any place under this Act, the officer shall, on request, show the certificate to the person in charge or control of the place.

  • Marginal note:Powers of peace officers

    (4) For the purposes of this Act and the regulations, game officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any person or class of persons.

  • Marginal note:Exemptions for law enforcement activities

    (5) For the purpose of investigations and other law enforcement activities under this Act, the Minister may, on any terms and conditions the Minister considers necessary, exempt game officers who are carrying out duties or functions under this Act, and persons acting under their direction and control, from the application of any provision of this Act or the regulations.

  • Marginal note:Arrest without warrant

    (6) A game officer may arrest a person without a warrant if they believe, on reasonable grounds, that the person has committed an offence under this Act or if they find the person committing or about to commit an offence under this Act.

  • 1994, c. 22, s. 6
  • 2005, c. 23, s. 5

Marginal note:Immunity

 Game officers and persons acting under a game officer’s direction and control are not personally liable for anything they do or omit to do in good faith under this Act.

  • 2009, c. 14, s. 95

Marginal note:Inspections

  •  (1) For the purpose of verifying compliance with this Act and the regulations, a game officer may, subject to subsection (3), at any reasonable time, enter and inspect any place, including a vessel, in which they believe, on reasonable grounds, there is any thing to which this Act or the regulations apply or any document, record or data relating to the administration of this Act or the regulations, and the game officer may

    • (a) open or cause to be opened any container that the game officer believes, on reasonable grounds, contains any such thing or document;

    • (b) inspect the thing and take samples free of charge;

    • (c) require any person to produce the document for inspection or copying, in whole or in part;

    • (c.1) use or cause to be used any computer system or data processing system at the place to examine any data contained in or available to the system;

    • (c.2) reproduce or cause to be reproduced any record from the data in the form of a printout or other intelligible output;

    • (c.3) take a printout or other output for inspection or copying;

    • (c.4) use or cause to be used any copying equipment at the place to make copies of the record or document; and

    • (d) seize any thing by means of or in relation to which the game officer believes, on reasonable grounds, this Act or the regulations have been contravened or that the game officer believes, on reasonable grounds, will provide evidence of a contravention.

  • Marginal note:Duty of person in charge or control

    (1.1) Every person who is in charge or control of a place that is inspected under this section shall permit a game officer and every person acting under their direction and control to do anything referred to in paragraphs (1)(c.1) to (c.4).

  • Marginal note:Entry of vessels

    (1.2) Subject to subsection (3), for the purpose of verifying compliance with this Act and the regulations, a game officer who believes on reasonable grounds that a vessel has on board any thing to which this Act or the regulations apply or any document, record or data relating to the administration of this Act or the regulations may, in Canadian waters or the exclusive economic zone of Canada, board the vessel at any reasonable time and travel on it.

  • Marginal note:Accommodation

    (1.3) A game officer and every person acting under their direction and control who travels on a vessel shall be carried free of charge, and the master shall provide them with suitable accommodation and food free of charge.

  • Marginal note:Stopping and detaining conveyances

    (2) A game officer may, at any reasonable time, direct that a conveyance be stopped — or be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out — and the officer may, for a reasonable time, detain a conveyance.

  • Marginal note:Dwelling-place

    (3) The game officer may not enter a dwelling-place except with the consent of the person in charge or control of the dwelling-place or under the authority of a warrant.

  • Marginal note:Inspection warrant — dwelling place

    (4) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing a game officer to enter a dwelling-place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the conditions for entry described in subsection (1) exist in relation to the dwelling-place;

    • (b) entry to the dwelling-place is necessary for the administration of this Act or the regulations;

    • (c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused; and

    • (d) all reasonable attempts have been made to notify the owner or person in charge or control of the dwelling-place.

  • Marginal note:Inspection warrant — non-dwellings

    (5) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing a game officer to enter a place other than a dwelling-place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the conditions for entry described in subsection (1) exist in relation to the place;

    • (b) entry to the place is necessary for the administration of this Act or the regulations;

    • (c) entry to the place has been refused, there are reasonable grounds to believe that entry will be refused, the game officer is not able to enter without the use of force or the place is abandoned; and

    • (d) all reasonable attempts have been made to notify the owner, operator or person in charge or control of the place.

  • Marginal note:Waiving notice

    (6) The justice may waive the requirement to give notice under paragraph (4)(d) or (5)(d) if the justice is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge or control is absent from the justice’s jurisdiction, or that it is not in the public interest to give the notice.

  • Marginal note:Person under direction and control

    (7) A person who is acting under a game officer’s direction and control may accompany a game officer who is inspecting a place under this section, may enter the place and may exercise any of the powers referred to in paragraphs (1)(b) to (c.4).

  • Marginal note:Use of force

    (8) A game officer may not use force in executing a warrant under this section unless the warrant specifically authorizes the use of force.

  • Marginal note:Exclusive economic zone

    (9) Every power that may be exercised in Canada under this section may be exercised in the exclusive economic zone of Canada.

  • Marginal note:Consent

    (10) The consent of the Minister is required for the exercise of any power under this section in the exclusive economic zone of Canada in relation to a foreign vessel. However, for greater certainty, the consent of the Attorney General of Canada is not required.

  • 1994, c. 22, s. 7
  • 2005, c. 23, s. 6
  • 2009, c. 14, s. 96
 
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