Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Canada National Parks Act (S.C. 2000, c. 32)

Act current to 2022-05-02 and last amended on 2019-09-04. Previous Versions

Enforcement (continued)

Marginal note:Liability for costs

 If a thing is seized under this Act, the person who owned the thing at the time that it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any.

  • 2009, c. 14, s. 32

Offences and Punishment

Marginal note:Offence

  •  (1) Every person who contravenes section 13, subsection 32(1) or a provision of the regulations designated by regulations made under paragraph 16(1)(y) is guilty of an offence and liable

    • (a) on conviction on indictment,

      • (i) in the case of an individual,

        • (A) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000,

      • (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

        • (A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and

      • (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,

        • (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

    • (b) on summary conviction,

      • (i) in the case of an individual,

        • (A) for a first offence, to a fine of not less than $5,000 and not more than $300,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000,

      • (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

        • (A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and

      • (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,

        • (A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

  • Marginal note:Offence

    (2) Every person who contravenes any provision of the regulations other than a provision designated by regulations made under paragraph 16(1)(y), any of subsections 41.5(3) to (5), any condition of a permit, licence or other authorizing instrument issued under the regulations or under subsection 41.1(3) or (4) or 41.4(2) or (3) or any order or direction given by a superintendent, park warden or enforcement officer under subsection 41.1(3) or (4) or 41.4(2) or (3) is guilty of an offence and liable

    • (a) on conviction on indictment,

      • (i) in the case of an individual,

        • (A) for a first offence, to a fine of not more than $100,000, and

        • (B) for a second or subsequent offence, to a fine of not more than $200,000,

      • (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

        • (A) for a first offence, to a fine of not more than $500,000, and

        • (B) for a second or subsequent offence, to a fine of not more than $1,000,000, and

      • (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,

        • (A) for a first offence, to a fine of not more than $250,000, and

        • (B) for a second or subsequent offence, to a fine of not more than $500,000; or

    • (b) on summary conviction,

      • (i) in the case of an individual,

        • (A) for a first offence, to a fine of not more than $25,000, and

        • (B) for a second or subsequent offence, to a fine of not more than $50,000,

      • (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

        • (A) for a first offence, to a fine of not more than $250,000, and

        • (B) for a second or subsequent offence, to a fine of not more than $500,000, and

      • (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,

        • (A) for a first offence, to a fine of not more than $50,000, and

        • (B) for a second or subsequent offence, to a fine of not more than $100,000.

Marginal note:Trafficking in wild animals, etc.

  •  (1) Except as permitted by this Act or the regulations, no person shall traffic in any wild animal, whether living or dead, at any developmental stage, in any part of or any derivative of, or in any egg or embryo of, a wild animal — or in any plant or part of a plant or in any other naturally occurring object or product of natural phenomena — taken in or from a park.

  • Marginal note:Offence

    (2) Every person who contravenes subsection (1) is guilty of an offence and liable

    • (a) on conviction on indictment,

      • (i) in the case of an individual,

        • (A) for a first offence, to a fine of not less than $7,500 and not more than $500,000 or to imprisonment for a term of not more than one year, or to both, and

        • (B) for a second or subsequent offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than one year, or to both,

      • (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

        • (A) for a first offence, to a fine of not less than $400,000 and not more than $5,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $800,000 and not more than $10,000,000, and

      • (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,

        • (A) for a first offence, to a fine of not less than $25,000 and not more than $3,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $6,000,000; or

    • (b) on summary conviction,

      • (i) in the case of an individual,

        • (A) for a first offence, to a fine of not less than $4,000 and not more than $225,000 or to imprisonment for a term of not more than six months, or to both, and

        • (B) for a second or subsequent offence, to a fine of not less than $8,000 and not more than $450,000 or to imprisonment for a term of not more than six months, or to both,

      • (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

        • (A) for a first offence, to a fine of not less than $50,000 and not more than $3,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $100,000 and not more than $6,000,000, and

      • (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,

        • (A) for a first offence, to a fine of not less than $15,000 and not more than $1,250,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,500,000.

  • Definition of traffic

    (3) In this section and section 26, traffic means to sell, offer for sale, expose for sale, buy, offer to buy, solicit, barter, exchange, give, send, transport or deliver.

  • 2000, c. 32, s. 25
  • 2009, c. 14, s. 34, c. 17, ss. 4, 12

Marginal note:Hunting, trafficking or possessing

  •  (1) Except as permitted by this Act or the regulations, no person shall

    • (a) hunt, in a park, any wild animal of a species named in Part 1 of Schedule 3;

    • (b) traffic in or possess, in a park, any wild animal of a species named in Part 1 of Schedule 3, whether living or dead, at any developmental stage, or any egg or embryo, or any part or derivative, of any such animal; or

    • (c) traffic in or possess any wild animal of a species named in Part 1 of Schedule 3, whether living or dead, at any developmental stage, taken from a park, or any egg or embryo, or any part or derivative, of any such animal that was taken from a park.

  • Marginal note:Offence

    (2) Every person who contravenes subsection (1) is guilty of an offence and liable

    • (a) on conviction on indictment,

      • (i) in the case of an individual,

        • (A) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, and

        • (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both,

      • (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

        • (A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and

      • (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,

        • (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

    • (b) on summary conviction,

      • (i) in the case of an individual,

        • (A) for a first offence, to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both, and

        • (B) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000 or to imprisonment for a term of not more than six months, or to both,

      • (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

        • (A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and

      • (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,

        • (A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

  • Marginal note:Hunting, trafficking or possessing

    (3) Except as permitted by this Act or the regulations, no person shall

    • (a) hunt, in a park, any wild animal of a species named in Part 2 of Schedule 3;

    • (b) traffic in or possess, in a park, any wild animal of a species named in Part 2 of Schedule 3, whether living or dead, at any developmental stage, or any egg or embryo, or any part or derivative, of any such animal; or

    • (c) traffic in or possess any wild animal of a species named in Part 2 of Schedule 3, whether living or dead, at any developmental stage, taken from a park, or any egg or embryo, or any part or derivative, of any such animal that was taken from a park.

  • Marginal note:Offence

    (4) Every person who contravenes subsection (3) is guilty of an offence and liable

    • (a) on conviction on indictment,

      • (i) in the case of an individual,

        • (A) for a first offence, to a fine of not less than $10,000 and not more than $750,000 or to imprisonment for a term of not more than five years, or to both, and

        • (B) for a second or subsequent offence, to a fine of not less than $20,000 and not more than $1,500,000 or to imprisonment for a term of not more than five years, or to both,

      • (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

        • (A) for a first offence, to a fine of not less than $450,000 and not more than $5,500,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $900,000 and not more than $11,000,000, and

      • (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,

        • (A) for a first offence, to a fine of not less than $50,000 and not more than $3,500,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $100,000 and not more than $7,000,000; or

    • (b) on summary conviction,

      • (i) in the case of an individual,

        • (A) for a first offence, to a fine of not less than $4,500 and not more than $250,000 or to imprisonment for a term of not more than six months, or to both, and

        • (B) for a second or subsequent offence, to a fine of not less than $9,000 and not more than $500,000 or to imprisonment for a term of not more than six months, or to both,

      • (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),

        • (A) for a first offence, to a fine of not less than $75,000 and not more than $3,500,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $7,000,000, and

      • (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,

        • (A) for a first offence, to a fine of not less than $20,000 and not more than $1,500,000, and

        • (B) for a second or subsequent offence, to a fine of not less than $40,000 and not more than $3,000,000.

  • Marginal note:Definitions

    (5) The definitions in this subsection apply in this section.

    hunt

    hunt means to kill, injure, seize, capture or trap, or to attempt to do so, and includes to pursue, stalk, track, search for, lie in wait for or shoot at for any of those purposes. (chasser)

    possess

    possess, in relation to any person, includes knowingly having any thing in any place, whether or not that place belongs to or is occupied by the person, for his or her own use or benefit or for that of another person. (possession)

    wildlife

    wildlife[Repealed, 2009, c. 14, s. 35]

  • Marginal note:Amendments to Schedule 3

    (6) The Governor in Council may, by regulation, amend Part 1 or 2 of Schedule 3 by adding the name of any species of wild animal or by deleting the name of any species of wild animal.

  • 2000, c. 32, s. 26
  • 2009, c. 14, s. 35, c. 17, ss. 5, 12
 
Date modified: