Migratory Birds Convention Act, 1994

Marginal note:Compliance order

• 11.21 (1) Whenever, during the course of an inspection or a search, a game officer has reasonable grounds to believe that any provision of this Act or the regulations has been contravened by a person that is continuing the commission of the offence, or that any of those provisions are likely to be contravened, the game officer may issue a compliance order directing any person described in subsection (2) to take any of the measures referred to in subsection (3) that are reasonable in the circumstances and consistent with the protection and conservation of migratory birds and their nests and with public safety in order to cease or refrain from committing the alleged contravention.

• Marginal note:Persons subject to order

  (2) Subsection (1) applies to any person who

  • (a) owns or has the charge, management or control of the substance to which the alleged contravention relates or the property on which the substance is located;

  • (b) causes or contributes to the alleged contravention; or

  • (c) is likely to cause or contribute to the alleged contravention.

• Marginal note:Specific measures

  (3) The order may specify that the person to whom the order is directed take one or more of the following measures:

  • (a) refrain from doing anything in contravention of this Act or the regulations, or do anything to comply with this Act or the regulations;

  • (b) stop or shut down any activity, work, undertaking or thing for a specified period;

  • (c) cease the operation of any activity or any part of a work, undertaking or thing until the game officer is satisfied that the activity, work, undertaking or thing will be operated in accordance with this Act and the regulations;

  • (d) move any conveyance to another location including, in the case of a vessel, moving the vessel into port or, in the case of an aircraft, landing the aircraft;

  • (e) unload or reload the contents of any conveyance; and

  • (f) take any other measure that the game officer considers necessary to facilitate compliance with the order or to protect or restore migratory birds or their nests, including

    • (i) maintaining records on any relevant matter,

    • (ii) reporting periodically to the game officer, and

    • (iii) submitting to the game officer any information, proposal or plan specified by the game officer that sets out any action to be taken by the person with respect to the subject matter of the order.

• Marginal note:Contents of order

  (4) Subject to section 11.22, an order must be made in writing and must set out

  • (a) the name of the person or persons to whom the order is directed;

  • (b) the provision of this Act or the regulations that is alleged to have been or is likely to be contravened;

  • (c) the relevant facts surrounding the alleged contravention;

  • (d) the measures to be taken;

  • (e) the time or the day when each measure is to begin or the period during which it is to be carried out;

  • (f) subject to subsection (5), the duration of the order;

  • (g) a statement that a request for a review may be made to the Chief Review Officer; and

  • (h) the period within which a request for a review may be made.

• Marginal note:Duration of order

  (5) An order may not be in force for a period of more than 180 days.

• Marginal note:Failing to file report

  (6) For the purposes of subsection (1), a person who commits an offence by failing to file a report required by this Act or the regulations is deemed to be continuing the commission of the offence each day that the report is not filed.

• Marginal note:Statutory Instruments Act

  (7) An order is not a statutory instrument for the purposes of the Statutory Instruments Act.