Canada Wildlife Act (R.S.C., 1985, c. W-9)

Marginal note:Exigent circumstances

• 11.8 (1) In the case of exigent circumstances, an order may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 11.7.

• Meaning of exigent circumstances

  (2) For greater certainty, exigent circumstances includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 11.7(3) would result in danger to human life or to the environment, including wildlife.

Marginal note:Notice of intent

• 11.9 (1) Except in exigent circumstances, a wildlife officer shall, whenever practicable, before issuing an order,

  • (a) provide every person who will be subject to the order with an oral or written notice of the officer’s intention to issue it; and

  • (b) allow a reasonable opportunity in the circumstances for the person to make oral representations.

• Marginal note:Contents of notice of intent

  (2) The notice of intent to issue the order must include

  • (a) a statement of the purpose of the notice;

  • (b) a reference to the statutory authority under which the order is to be issued; and

  • (c) a statement that the party notified may make oral representations to the wildlife officer within the period stated in the notice.

Marginal note:Compliance with the order

• 11.91 (1) A person to whom an order is directed shall, immediately on receipt of the order or a copy of it or on being directed by a wildlife officer in an order given orally under subsection 11.8(1), comply with the order.

• Marginal note:No bar to proceedings

  (2) The issuance of or compliance with an order in respect of a person’s alleged contravention of this Act or the regulations is not a bar to any proceedings against the person under this or any other Act in relation to the alleged contravention.

Marginal note:Intervention by wildlife officer

• 11.92 (1) If a person to whom an order is directed fails to take any measures specified in the order, a wildlife officer may take the measures or cause them to be taken.

• Marginal note:Access to property

  (2) A wildlife officer or other person authorized or required by a wildlife officer to take measures under subsection (1) may enter and have access to any place or property and may do any reasonable thing that may be necessary in the circumstances.

• Marginal note:Personal liability

  (3) Any person, other than a person referred to in subsection 11.7(1), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized or required by a wildlife officer under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith.

Marginal note:Recovery of reasonable costs and expenses by Her Majesty

• 11.93 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to any measures taken under subsection 11.92(1) from any person who caused or contributed to the alleged contravention, to the extent of the person’s negligence in causing or contributing to the alleged contravention.

• Marginal note:Costs must have been reasonably incurred

  (2) The costs and expenses may only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances.

• Marginal note:Procedure

  (3) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken in the name of Her Majesty in right of Canada in any court of competent jurisdiction.

• Marginal note:Recourse or indemnity

  (4) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

• Marginal note:Limitation period

  (5) If events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted more than five years after the day on which the events occur or become evident to the Minister, whichever is later.

• Marginal note:Minister’s certificate

  (6) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document is to be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof.

Marginal note:Request for review

• 11.94 (1) Any person to whom an order is directed may, by notice in writing given to the Chief Review Officer within 30 days after the day on which the person receives a copy of the written order or after the oral order is given, make a request to the Chief Review Officer for a review of the order.

• Marginal note:Extension of period for request

  (2) The Chief Review Officer may extend the period within which a request for a review may be made if, in his or her opinion, it is in the public interest to do so.

Marginal note:Variation or cancellation of order

• 11.95 (1) At any time before a notice requesting a review of an order is received by the Chief Review Officer, the wildlife officer may, after giving reasonable notice,

  • (a) amend or suspend a term or condition of the order, or add a term or condition to, or delete a term or condition from, the order;

  • (b) cancel the order;

  • (c) correct a clerical error in the order; or

  • (d) extend the duration of the order for a period of not more than 180 days less the number of days that have passed since the day on which the order was received by the person who is subject to it.

• Marginal note:Notice of intent

  (2) Except in exigent circumstances, a wildlife officer shall, whenever practicable, before exercising a power under paragraph (1)(a) or (d),

  • (a) provide every person who will be subject to the order with an oral or written notice of the officer’s intention to exercise the power; and

  • (b) allow a reasonable opportunity in the circumstances for the person to make oral representations.

• Marginal note:Contents of notice of intent

  (3) The notice of intent to exercise a power under paragraph (1)(a) must include

  • (a) a statement of the purpose of the notice;

  • (b) a reference to the statutory authority under which the power is to be exercised; and

  • (c) a statement that the party notified may make oral representations to the wildlife officer within the period stated in the notice.

Marginal note:Regulations

11.96 The Minister may make regulations

• (a) prescribing the form of reporting to wildlife officers under subparagraph 11.7(2)(f)(ii) and specifying the information required to be contained in or to accompany the report; and

• (b) of either particular or general application, respecting representations made to wildlife officers under subsection 11.9(1) or 11.95(2).

Marginal note:Review

11.97 Sections 257 to 271 of the Canadian Environmental Protection Act, 1999 apply, with any modifications that the circumstances require, to a review requested of any order.

Marginal note:Regulations

12 The Governor in Council may make regulations

• (a) respecting the prohibition against entry, generally or for any specified period or purpose, by persons on lands under the administration of the Minister, or on public lands referred to in an order made under subsection 4(3), or on any part of those lands;

• (b) specifying the measures to be taken, in cooperation with the government of any province having an interest therein, for the protection of any species of wildlife in danger of extinction;

• (c) for the implementation of the provisions of any agreement under this Act;

• (d) for the preservation, control and management of lands purchased, acquired or leased pursuant to section 9;

• (e) specifying the use for any purpose of any lands purchased or acquired pursuant to section 9 if that use is compatible with wildlife research, conservation and interpretation;

• (f) respecting the closing of lands purchased or acquired pursuant to section 9 to persons who endanger the wildlife thereon;

• (g) respecting the issuance, renewal, revocation and suspension of permits, leases, stamps and other authorizing instruments required to carry on any activity under this Act or the regulations;

• (h) for charging fees for the permits, leases, stamps or other authorizing instruments and for determining the amount of the fees and the terms and conditions under which they are to be paid;

• (i) prescribing measures for the conservation of wildlife

  • (i) on public lands the administration of which has been assigned to the Minister pursuant to any federal law,

  • (ii) on public lands referred to in an order made under subsection 4(3), or

  • (iii) in any protected marine areas established pursuant to subsection 4.1(1);

• (j)  respecting the establishment of facilities or the construction, maintenance and operation of works for wildlife research, conservation and interpretation

  • (i) on public lands the administration of which has been assigned to the Minister pursuant to any federal law,

  • (ii) on public lands referred to in an order made under subsection 4(3), or

  • (iii) in any protected marine areas established pursuant to subsection 4.1(1); and

• (k) designating provisions of the regulations for the purposes of paragraph 13(1)(b).

Offences and Punishment

Marginal note:Offence

• 13 (1) Every person commits an offence who contravenes

  • (a) subsection 11(6) or 11.91(1);

  • (b) any provision of the regulations designated by regulations made under paragraph 12(k); or

  • (c) an order made by a court under this Act.

• Marginal note:Penalty — individuals

  (2) Every individual who commits an offence under subsection (1) is liable,

  • (a) on conviction on indictment,

    • (i) for a first 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 five years, or to both, and

    • (ii) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both; or

  • (b) on summary conviction,

    • (i) for a first offence, to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both, and

    • (ii) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000 or to imprisonment for a term of not more than six months, or to both.

• Marginal note:Penalty — other persons

  (3) Every person, other than an individual or a corporation referred to in subsection (4), who commits an offence under subsection (1) is liable,

  • (a) on conviction on indictment,

    • (i) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

    • (ii) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or

  • (b) on summary conviction,

    • (i) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

    • (ii) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.

• Marginal note:Penalty — small revenue corporations

  (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 13.02 to be a small revenue corporation is liable,

  • (a) on conviction on indictment,

    • (i) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

    • (ii) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

  • (b) on summary conviction,

    • (i) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

    • (ii) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

• Marginal note:Relief from minimum fine

  (5) The court may impose a fine that is less than the minimum amount provided for in this section if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court shall provide reasons if it imposes a fine that is less than the minimum amount provided for in this section.