Canada Wildlife Act

Version of section 2 from 2004-12-15 to 2010-12-09:


Marginal note:Definitions

  •  (1) In this Act,

    conveyance

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

    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)

    public lands

    public lands means lands belonging to Her Majesty in right of Canada and lands that the Government of Canada has power to dispose of, subject to the terms of any agreement between the Government of Canada and the government of the province in which the lands are situated, and includes

    • (a) any waters on or flowing through the lands and the natural resources of the lands, and

    • (b) the internal waters and the territorial sea of Canada. (terres domaniales)

    wildlife

    wildlife[Repealed, 1994, c. 23, s. 4]

  • 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 custody or possession with the knowledge and consent of another person or other persons, it is in the custody and possession 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.

  • Marginal note:Application

    (4) The provisions of this Act respecting wildlife apply in respect of

    • (a) any animal, plant or other organism belonging to a species that is wild by nature or that is not easily distinguishable from such a species; and

    • (b) the habitat of any such animal, plant or other organism.

  • R.S., 1985, c. W-9, s. 2
  • 1994, c. 23, s. 4
  • 2004, c. 25, s. 114(F)
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