Canada National Parks Act (S.C. 2000, c. 32)
Full Document:
- HTMLFull Document: Canada National Parks Act (Accessibility Buttons available) |
- XMLFull Document: Canada National Parks Act [936 KB] |
- PDFFull Document: Canada National Parks Act [1343 KB]
Act current to 2021-03-23 and last amended on 2019-09-04. Previous Versions
Enforcement (continued)
Marginal note:Custody of things seized
23 (1) Subject to subsections (2) and (3) and sections 28 and 29, where a park warden or enforcement officer seizes a thing under this Act or under a warrant issued pursuant to the Criminal Code,
(a) sections 489.1 and 490 of the Criminal Code apply; and
(b) the warden or officer, or any person that the warden or officer may designate, shall retain custody of the thing, subject to any order made under section 490 of the Criminal Code.
Marginal note:Forfeiture where ownership not ascertainable
(2) If the lawful ownership of or entitlement to a seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada, if the thing was seized by a park warden or by an enforcement officer employed in the federal public administration, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or an aboriginal government.
Marginal note:Perishable things
(3) If a seized thing is perishable, the park warden or enforcement officer may dispose of it or destroy it, and any proceeds of its disposition shall be paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after its seizure, or shall be retained by the warden or officer pending the outcome of those proceedings.
- 2000, c. 32, s. 23
- 2002, c. 18, s. 31.4
- 2003, c. 22, s. 224(E)
- 2009, c. 14, s. 31(F)
Marginal note:Liability for costs
23.1 If a thing is seized under this Act, the person who owned the thing at the time that it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any.
- 2009, c. 14, s. 32
Offences and Punishment
Marginal note:Offence
24 (1) Every person who contravenes section 13, subsection 32(1) or a provision of the regulations designated by regulations made under paragraph 16(1)(y) is guilty of an offence and liable
(a) on conviction on indictment,
(b) on summary conviction,
Marginal note:Offence
(2) Every person who contravenes any provision of the regulations other than a provision designated by regulations made under paragraph 16(1)(y), any of subsections 41.5(3) to (5), any condition of a permit, licence or other authorizing instrument issued under the regulations or under subsection 41.1(3) or (4) or 41.4(2) or (3) or any order or direction given by a superintendent, park warden or enforcement officer under subsection 41.1(3) or (4) or 41.4(2) or (3) is guilty of an offence and liable
(a) on conviction on indictment,
(b) on summary conviction,
- 2000, c. 32, s. 24
- 2009, c. 14, s. 33, c. 17, ss. 3, 12
- 2014, c. 35, s. 2
- 2019, c. 29, s. 328
Marginal note:Trafficking in wild animals, etc.
25 (1) Except as permitted by this Act or the regulations, no person shall traffic in any wild animal, whether living or dead, at any developmental stage, in any part of or any derivative of, or in any egg or embryo of, a wild animal — or in any plant or part of a plant or in any other naturally occurring object or product of natural phenomena — taken in or from a park.
Marginal note:Offence
(2) Every person who contravenes subsection (1) is guilty of an offence and liable
(a) on conviction on indictment,
(i) in the case of an individual,
(A) for a first offence, to a fine of not less than $7,500 and not more than $500,000 or to imprisonment for a term of not more than one year, or to both, and
(B) for a second or subsequent offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than one year, or to both,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
(b) on summary conviction,
(i) in the case of an individual,
(A) for a first offence, to a fine of not less than $4,000 and not more than $225,000 or to imprisonment for a term of not more than six months, or to both, and
(B) for a second or subsequent offence, to a fine of not less than $8,000 and not more than $450,000 or to imprisonment for a term of not more than six months, or to both,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
Definition of traffic
(3) In this section and section 26, traffic means to sell, offer for sale, expose for sale, buy, offer to buy, solicit, barter, exchange, give, send, transport or deliver.
- 2000, c. 32, s. 25
- 2009, c. 14, s. 34, c. 17, ss. 4, 12
- Date modified: