Species at Risk Act

Marginal note:Offences

• 97 (1) Every person commits an offence who

  • (a) contravenes subsection 32(1) or (2), section 33, subsection 36(1), 58(1), 60(1) or 61(1) or section 91 or 92;

  • (b) contravenes a prescribed provision of a regulation or an emergency order;

  • (c) fails to comply with a term or condition of a permit issued under subsection 73(1); or

  • (d) fails to comply with an alternative measures agreement that the person has entered into under this Act.

• Marginal note:Penalty

  (1.1) Every person who commits an offence under subsection (1) is liable

  • (a) on conviction on indictment,

    • (i) in the case of a corporation, other than a non-profit corporation, to a fine of not more than $1,000,000,

    • (ii) in the case of a non-profit corporation, to a fine of not more than $250,000, and

    • (iii) in the case of any other person, to a fine of not more than $250,000 or to imprisonment for a term of not more than five years, or to both; or

  • (b) on summary conviction,

    • (i) in the case of a corporation, other than a non-profit corporation, to a fine of not more than $300,000,

    • (ii) in the case of a non-profit corporation, to a fine of not more than $50,000, and

    • (iii) in the case of any other person, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both.

• Marginal note:Exception

  (1.2) Paragraph (1)(c) does not apply in respect of the failure to comply with any term or condition of any agreement, permit, licence, order or other similar document referred to in section 74 or subsection 78(1).

• Marginal note:Prescription of provisions

  (2) A regulation or emergency order may prescribe which of its provisions may give rise to an offence.

• Marginal note:Subsequent offence

  (3) For a second or subsequent conviction, the amount of the fine may, despite subsection (1.1), be double the amount set out in that subsection.

• Marginal note:Continuing offence

  (4) A person who 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

  (5) A fine imposed for an offence involving more than one animal, plant or other organism 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:Additional fine

  (6) If a person is convicted of an offence and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence, the court may order the person to pay an additional fine in an amount equal to the court’s estimation of the amount of the monetary benefits, which additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act.

• Definition of non-profit corporation

  (7) For the purposes of subsection (1.1), non-profit corporation means a corporation, no part of the income of which is payable to, or is otherwise available for, the personal benefit of any proprietor, member or shareholder of the corporation.