Migratory Birds Convention Act, 1994

Marginal note:Contravention of Act or regulations

• 13 (1) A person or vessel commits an offence if the person or vessel contravenes

  • (a) a provision of this Act or the regulations;

  • (b) an obligation or prohibition arising from this Act or the regulations;

  • (c) an order or direction made under this Act; or

  • (d) an order, direction or decision of a court made under this Act.

• Marginal note:Penalties

  (1.1) Every person or vessel that commits an offence is liable

  • (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; and

  • (b) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both.

• Marginal note:Vessel of 5,000 tonnes deadweight or over

  (1.11) In the case of an offence under section 5.1 that is committed by a vessel of 5,000 tonnes deadweight or over,

  • (a) the fine imposed under paragraph (1.1)(a) shall not be less than $500,000; and

  • (b) the fine imposed under paragraph (1.1)(b) shall not be less than $100,000.

• Marginal note:Parties to offence

  (1.2) If a corporation commits an offence under this Act, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to the offence, and is liable on conviction to the penalty provided for by this Act, whether or not the corporation is prosecuted for the offence.

• Marginal note:Proof of offence — corporation

  (1.3) In a prosecution of a corporation for an offence under this Act, other than an offence under paragraph 5.2(a), (c) or (d) or section 5.4 or 5.5, 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.

• Marginal note:Proof of offence — vessel

  (1.4) In a prosecution of a vessel for an offence under this Act, other than an offence under paragraph 5.2(a), (c) or (d), it is sufficient proof of the offence to establish that it was committed by a person on board the vessel, whether or not the person is identified or prosecuted for the offence.

• Marginal note:Directions or orders

  (1.5) For the purpose of prosecuting a vessel for contravening a direction or order given under this Act, a direction or order given to the master or a crew member is deemed to have been given to the vessel.

• Marginal note:Proof of offence

  (1.6) In a prosecution of a master or chief engineer of a vessel for an offence under this Act, other than an offence under paragraph 5.2(a), (c) or (d) or section 5.3, 5.4 or 5.5, it is sufficient proof of the offence to establish that it was committed by a person on board the vessel, whether or not the person is identified or prosecuted for the offence.

• Marginal note:Proof of offence

  (1.7) In a prosecution of an offence under section 5.4, it is sufficient proof of the offence to establish that a substance was deposited by the vessel contrary to section 5.1.

• Marginal note:Due diligence

  (1.8) A person or vessel that establishes that they exercised due diligence to prevent the commission of an offence under this Act, other than an offence under paragraph 5.2(a), (c) or (d) or section 5.3, shall not be found guilty of the offence.

• Marginal note:Subsequent offences

  (2) If a person or vessel is convicted of an offence under this Act a second or subsequent time, the amount of the fine for the subsequent offence may be double the amount set out in subsection (1.1).

• Marginal note:Continuing offence

  (3) A person or vessel that commits or continues an offence 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.

• Marginal note:Fines cumulative

  (4) Any fine imposed for an offence involving more than one migratory bird or nest may be calculated in respect of each one as though it had been the subject of a separate information and the fine then imposed is the total of that calculation.

• Marginal note:Sentencing considerations

  (4.1) A court that imposes a sentence shall take the following factors into account, in addition to any other principles that it is required to consider:

  • (a) the harm or risk of harm caused by the commission of the offence;

  • (b) whether the offender was found to have committed the offence intentionally, recklessly or inadvertently;

  • (c) whether the offender was found to have been negligent or incompetent or to have shown a lack of concern with respect to the commission of the offence;

  • (d) any property, benefit or advantage received or receivable by the offender to which, but for the commission of the offence, the offender would not have been entitled;

  • (e) any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with this Act or the regulations; and

  • (f) all available sanctions that are reasonable in the circumstances, with particular attention to the circumstances of aboriginal offenders.

• Marginal note:Additional fine

  (5) If a person or vessel is convicted of an offence and the court is satisfied that, as a result of the commission of the offence, a monetary benefit accrued to the person or to an owner or operator of the vessel, or another person incurred a monetary loss,

  • (a) the court may order the offender to pay an additional fine in an amount equal to the court’s estimate of the amount of the monetary benefit or loss; and

  • (b) the additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act.

• Marginal note:Application of fines

  (6) All fines received by the Receiver General in respect of the commission of an offence under this Act shall be received for the special purpose of protecting and conserving migratory birds or the environment and credited to the Environmental Damages Fund, an account in the accounts of Canada.