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

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Act current to 2022-09-22 and last amended on 2017-12-12. Previous Versions

Offences and Punishment (continued)

Marginal note:Documents admissible in evidence

  •  (1) A document made, given or issued under this Act and appearing to be signed by an analyst is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document.

  • Marginal note:Attendance of analyst

    (2) The party against whom the document is produced may, with leave of the court, require the attendance of the analyst who signed it.

  • Marginal note:Notice

    (3) No document referred to in subsection (1) may be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the document.

  • 2009, c. 14, s. 48

Marginal note:Proof of offence

 In any prosecution of an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or prosecuted for the offence.

  • 2009, c. 14, s. 48

Marginal note:Continuing offence

 A person who commits or continues an offence under this Act on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

  • 2009, c. 14, s. 48

Marginal note:Offences involving more than one animal, plant or other organism

 If an offence under this Act involves more than one animal, plant or other organism, the fine to be imposed in respect of that offence may, despite sections 13 and 13.01, be the total of the fines that would have been imposed if each of the animals, plants or other organisms had been the subject of a separate information.

  • 2009, c. 14, s. 48

Marginal note:Application of fines

  •  (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act, are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the environment or for administering that Fund.

  • Marginal note:Recommendations of court

    (2) The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or an organization specified by the court for a purpose referred to in subsection (1).

  • 2009, c. 14, s. 48

Marginal note:Forfeiture

  •  (1) Where a person is convicted of an offence, the convicting court may, in addition to any punishment imposed, order that any seized thing by means of or in relation to which the offence was committed, or any proceeds of its disposition, be forfeited to Her Majesty.

  • Marginal note:Return where no forfeiture ordered

    (2) Where the convicting court does not order the forfeiture, the seized thing, or the proceeds of its disposition, must be returned to its lawful owner or the person lawfully entitled to it.

  • 1994, c. 23, s. 15

Marginal note:Retention or sale

 Where a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.

  • 1994, c. 23, s. 15

Marginal note:Orders of court

 Where a person is convicted of an offence, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order containing one or more of the following prohibitions, directions or requirements:

  • (a) prohibiting the person from doing any act or engaging in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence;

  • (b) directing the person to take any action that the court considers appropriate to remedy or avoid any harm to any wildlife that resulted or may result from the commission of the offence;

  • (b.1) directing the person to carry out environmental effects monitoring in the manner established by the Minister, or directing the person to pay, in the manner specified by the court, an amount for the purpose of environmental effects monitoring;

  • (b.2) directing the person to implement an environmental management system that meets a recognized Canadian or international standard specified by the court;

  • (b.3) directing the person to pay to Her Majesty in right of Canada an amount of money that the court considers appropriate for the purpose of promoting the proper management of wildlife or the conservation or protection of wildlife;

  • (c) directing the person to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;

  • (c.1) directing the person to notify, at the person’s own cost and in the manner specified by the court, any person aggrieved or affected by the person’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;

  • (d) directing the person to compensate any person, monetarily or otherwise, in whole or in part, for the cost of any remedial or preventive action taken, caused to be taken or to be taken as a result of the act or omission that constituted the offence, including costs of assessing appropriate remedial or preventive action;

  • (d.1) directing the person to pay, in a manner specified by the court, an amount to enable research to be conducted into the protection or conservation of the wildlife or the wildlife habitat in respect of which the offence was committed;

  • (d.2) directing the person to pay, in the manner prescribed by the court, an amount to an educational institution including for scholarships for students enrolled in studies related to the environment;

  • (d.3) directing the person to pay, in the manner prescribed by the court, an amount to environmental or other groups to assist in their work in or for the community where the offence was committed;

  • (e) directing the person to perform community service in accordance with any reasonable conditions that may be specified in the order;

  • (f) directing the person to submit to the Minister, on application to the court by the Minister within three years after the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances;

  • (g) requiring the person to comply with any other conditions that the court considers appropriate in the circumstances for securing the person’s good conduct and for deterring the person and any other persons from committing offences under this Act;

  • (h) directing the person to post a bond or provide a suretyship or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section;

  • (i) requiring the person to surrender to the Minister any permit or other authorization issued under this Act to the person; and

  • (j) prohibiting the person from applying for any new permit or other authorization under this Act during any period that the court considers appropriate.

  • 1994, c. 23, s. 15
  • 2004, c. 25, s. 119(E)
  • 2009, c. 14, s. 49

Marginal note:Coming into force and duration of order

 An order made under section 16 comes into force on the day on which it is made or on any other day that the court may determine and shall not continue in force for more than three years after that day unless the court provides otherwise in the order.

  • 2009, c. 14, s. 50

Marginal note:Publication

 If a person fails to comply with an order made under paragraph 16(c), the Minister may, in the manner that the court directed the person to do so, publish the facts relating to the commission of the offence and the details of the punishment imposed and recover the costs of publication from the person.

  • 2009, c. 14, s. 50

Marginal note:Debt due to Her Majesty

 If the court makes an order under paragraph 16(b.3) or (d) directing a person to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under section 16.2, the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

  • 2009, c. 14, s. 50

Marginal note:Enforcement

 If the court makes an order under paragraph 16(d) directing a person to pay an amount to another person, other than to Her Majesty in right of Canada, and the amount is not paid without delay, that other person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the person who was directed to pay the amount in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

  • 2009, c. 14, s. 50

Marginal note:Cancellation or suspension of permits, etc.

 If the court makes an order under paragraph 16(i), any permit or other authorization to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate.

  • 2009, c. 14, s. 50

Marginal note:Suspended sentence

  •  (1) Where a person is convicted of an offence and the court suspends the passing of sentence pursuant to paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order containing one or more of the prohibitions, directions or requirements mentioned in section 16.

  • Marginal note:Imposition of sentence

    (2) Where the person does not comply with the order or is convicted of another offence, within three years after the order was made, the court may, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended.

  • 1994, c. 23, s. 15
  • 1995, c. 22, s. 18

Marginal note:Limitation period

 No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years.

  • 1994, c. 23, s. 15
  • 2009, c. 14, s. 51

Marginal note:Publication of information about contraventions

  •  (1) For the purpose of encouraging compliance with this Act and the regulations, the Minister shall maintain, in a registry accessible to the public, information about all convictions of corporations for offences under this Act.

  • Marginal note:Retention

    (2) Information in the registry is to be maintained for a minimum of five years.

  • 2009, c. 14, s. 51

Marginal note:Minister may refuse or suspend permit, etc.

 The Minister may refuse to issue a permit or other authorization under this Act, or may amend, suspend or cancel such a permit or other authorization, if the applicant or the holder has been convicted of an offence under this Act.

  • 2009, c. 14, s. 51

Marginal note:Contraventions Act

 If an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention.

  • 2009, c. 14, s. 51

Marginal note:Review

  •  (1) The Minister shall, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 13 to 18.3.

  • Marginal note:Report to Parliament

    (2) The Minister shall, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.

  • 2009, c. 14, s. 51

Ticketable Offences

Marginal note:Procedure

  •  (1) In addition to the procedures set out in the Criminal Code for commencing a proceeding, proceedings in respect of any offence prescribed by the regulations may be commenced by a wildlife officer

    • (a) completing a ticket that consists of a summons portion and an information portion;

    • (b) delivering the summons portion to the accused or mailing it to the accused at the accused’s latest known address; and

    • (c) filing the information portion with a court of competent jurisdiction before the summons portion has been delivered or mailed or as soon as is practicable afterward.

  • Marginal note:Content of ticket

    (2) The summons and information portions of the ticket must

    • (a) set out a description of the offence and the time and place of its alleged commission;

    • (b) include a statement, signed by the wildlife officer who completes the ticket, that the officer has reasonable grounds to believe that the accused committed the offence;

    • (c) set out the amount of the fine prescribed by the regulations for the offence and the manner in which and period within which it may be paid;

    • (d) include a statement that if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; and

    • (e) include a statement that if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court on the day and at the time set out in the ticket.

  • Marginal note:Notice of forfeiture

    (3) Where a thing is seized under this Act and proceedings relating to it are commenced by way of the ticketing procedure, the wildlife officer who completes the ticket shall give written notice to the accused that, if the accused pays the fine prescribed by the regulations within the period set out in the ticket, the thing, or any proceeds of its disposition, will be immediately forfeited to Her Majesty.

  • Marginal note:Consequences of payment

    (4) Where an accused to whom the summons portion of a ticket is delivered or mailed pays the prescribed fine within the period set out in the ticket,

    • (a) the payment constitutes a plea of guilty to the offence and a conviction must be entered against the accused and no further action may be taken against the accused in respect of that offence; and

    • (b) notwithstanding section 11.3, any thing seized from the accused under this Act that relates to the offence, or any proceeds of its disposition, are forfeited to

      • (i) Her Majesty in right of Canada, if the thing was seized by a wildlife officer employed in the federal public administration, or

      • (ii) Her Majesty in right of a province, if the thing was seized by a wildlife officer employed by the government of that province.

  • Marginal note:Regulations

    (5) The Governor in Council may make regulations prescribing

    • (a) offences in respect of which this section applies and the manner in which the offences are to be described in tickets; and

    • (b) the amount of the fine for a prescribed offence, but the amount may not exceed $1,000.

  • 1994, c. 23, s. 15
  • 2003, c. 22, s. 224(E)
 
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