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

Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

• 2 (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.

Application

Marginal note:Application

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

Her Majesty

Marginal note:Binding on Her Majesty

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

Purpose

Marginal note:Purpose

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

Prohibitions

Marginal note:Prohibition

5 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

• 5.1 (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.

Marginal note:Prohibition

5.2 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.

Marginal note:Prohibition

• 5.3 (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.

Obligations

Marginal note:Obligation — owners, operators, etc.

5.4 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.