Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (S.C. 1992, c. 52)

Short Title

Marginal note:Short title

1 This Act may be cited as the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.

Interpretation

Marginal note:Definitions

2 In this Act,

animal

animal means any specimen, whether living or dead, of any species of animal that is listed as “fauna” in an appendix to the Convention, and includes any egg, sperm, tissue culture or embryo of any such animal; (animal)

Convention

Convention means the Convention on international trade in endangered species of wild fauna and flora, made on March 3, 1973 in Washington, D.C., United States and ratified by Canada on April 10, 1975, as amended from time to time, to the extent that the amendment is binding on Canada; (Convention)

conveyance

conveyance means any vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods; (moyen de transport)

distribute

distribute includes sell; (distribuer)

Minister

Minister means the Minister of the Environment; (ministre)

officer

officer means a person, or a person who belongs to a class of persons, designated pursuant to section 12; (agent)

plant

plant means any specimen, whether living or dead, of any species of plant that is listed as “flora” in an appendix to the Convention, and includes any seed, spore, pollen or tissue culture of any such plant; (végétal)

prescribed

prescribed means prescribed by regulation; (Version anglaise seulement)

transport

transport includes send. (acheminer)

Binding on 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 protect certain species of animals and plants, particularly by implementing the Convention and regulating international and interprovincial trade in animals and plants.

Agreements

Marginal note:Federal-provincial agreements

5 The Minister may enter into an agreement with the government of any province to provide for the cooperative management and administration of this Act and to avoid conflict between, and duplication in, federal and provincial regulatory activity.

Prohibitions

Marginal note:Importation

• 6 (1) No person shall import into Canada any animal or plant that was taken, or any animal or plant, or any part or derivative of an animal or plant, that was possessed, distributed or transported in contravention of any law of any foreign state.

• Marginal note:Importation and exportation

  (2) Subject to the regulations, no person shall, except under and in accordance with a permit issued pursuant to subsection 10(1), import into Canada or export from Canada any animal or plant, or any part or derivative of an animal or plant.

• Marginal note:Interprovincial transport

  (3) Subject to the regulations, no person shall, except under and in accordance with a permit issued pursuant to subsection 10(1), transport from one province to another province any animal or plant, or any part or derivative of an animal or plant.

Marginal note:Transport requiring provincial authorization

• 7 (1) Where the transportation out of a province of an animal or plant, or any part or derivative of an animal or plant, is permitted by the province only if the person who transports it holds a permit issued by a competent authority in that province, no person shall, except under and in accordance with such a permit, transport any animal, plant or part or derivative of an animal or plant from that province to another province.

• Marginal note:Provincial prohibitions

  (2) No person shall transport from a province to another province any animal or plant, or any part or derivative of an animal or plant, where the animal or plant was taken, or the animal, plant, part or derivative was possessed, distributed or transported, in contravention of any provincial Act or regulation.

Marginal note:Possession

8 Subject to the regulations, no person shall knowingly possess an animal or plant, or any part or derivative of an animal or plant,

• (a) that has been imported or transported in contravention of this Act;

• (b) for the purpose of transporting it from one province to another province in contravention of this Act or exporting it from Canada in contravention of this Act; or

• (c) for the purpose of distributing or offering to distribute it if the animal or plant, or the animal or plant from which the part or derivative comes, is listed in Appendix I to the Convention.

Marginal note:Documents

9 Every person who imports into Canada, exports from Canada or transports from one province to another province an animal or plant, or any part or derivative of an animal or plant, shall keep in Canada, in the prescribed manner and for the prescribed period, any documents that are required to be kept by the regulations.

Federal Permits

Marginal note:Issuance

• 10 (1) The Minister may, on application and on such terms and conditions as the Minister thinks fit, issue a permit authorizing the importation, exportation or interprovincial transportation of an animal or plant, or any part or derivative of an animal or plant.

• Marginal note:Application for permit

  (2) An application shall be made in the form and on the terms and conditions that the Minister requires, contain all the information that the Minister requires and be accompanied by the prescribed fees.

• Marginal note:Revocation or suspension

  (3) The Minister may, after giving a person who holds a permit an opportunity to make representations, revoke or suspend the permit for contravention of any term or condition of the permit.

• Marginal note:Delegation by Minister

  (4) The Minister may delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any power conferred on the Minister under this section relating to permits. The minister or other person to whom the power is delegated may then exercise the power subject to any terms and conditions that the Minister specifies.

Marginal note:Misrepresentation

11 No person shall knowingly furnish any false or misleading information or make any misrepresentation with respect to any matter in this Act.

Administration

Marginal note:Officers and analysts

• 12 (1) The Minister may designate such persons or classes of persons as the Minister considers necessary to act as officers or analysts for the purposes of this Act or any provision of this Act, and if the person to be designated is an employee, or the class of persons to be designated consists of employees, of the government of a province, the Minister shall only designate that person or class with the agreement of that government.

• Marginal note:Powers of peace officers

  (2) Officers designated under subsection (1) have, for the purposes of this Act, all the powers of a peace officer, but the Minister may limit, in any manner the Minister considers appropriate, the powers that certain officers may exercise for the purposes of this Act and, where those powers are so limited, they shall be specified in the certificate referred to in subsection (3).

• Marginal note:Certificate to be shown

  (3) On entering any place under this Act, an officer or analyst shall, on request, show the person in charge or the occupant of the place a certificate, in the form approved by the Minister, certifying that the officer or analyst, as the case may be, has been designated under this section.

• Marginal note:Obstruction

  (4) No person shall knowingly make any false or misleading statement either orally or in writing to, or obstruct or hinder, an officer or analyst who is carrying out duties or functions under this Act or the regulations.

• Marginal note:Immunity

  (5) Officers and analysts are not personally liable for anything they do or omit to do in good faith under this Act.

Marginal note:Documents admissible in evidence

• 12.1 (1) A document made, given or issued under this Act and appearing to be signed by an analyst is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document.

• Marginal note:Attendance of analyst

  (2) The party against whom the document is produced may, with leave of the court, require the attendance of the analyst who signed it.

• Marginal note:Notice

  (3) No document referred to in subsection (1) may be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the document.

Marginal note:Detention

13 Any thing that has been imported into or is about to be exported from Canada, or has been transported, or is about to be transported, from a province to another province, may be detained by an officer until the officer is satisfied that the thing has been dealt with in accordance with this Act and the regulations.

Marginal note:Inspections

• 14 (1) For the purpose of ensuring compliance with this Act and the regulations, an officer may at any reasonable time enter and inspect any place in which the officer believes, on reasonable grounds, there is any thing to which this Act applies, or there are any documents relating to the administration of this Act or the regulations, and the officer may

  • (a) open or cause to be opened any container that the officer believes, on reasonable grounds, contains such a thing;

  • (b) inspect any such thing and take samples free of charge;

  • (c) require any person to produce for inspection or copying, in whole or in part, any document that the officer believes, on reasonable grounds, contains any information relevant to the administration of this Act or the regulations; and

  • (d) seize any thing by means of or in relation to which the officer believes, on reasonable grounds, this Act or the regulations have been contravened or that the officer believes, on reasonable grounds, will afford evidence of a contravention of this Act or the regulations.

• Marginal note:Analysts

  (1.1) An analyst may, for the purposes of this Act, accompany an officer who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the officer, enter the place and exercise any of the powers described in paragraphs (1)(a) and (b).

• Marginal note:Conveyance

  (2) For the purposes of carrying out the inspection, an officer may stop a conveyance or direct that it be moved by the route and in the manner that the officer may specify, to a place specified by the officer where the inspection can be carried out.

• Marginal note:Dwelling-place

  (3) An officer may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant issued under subsection (4).

• Marginal note:Warrant

  (4) Where on ex parte application a justice of the peace is satisfied by information on oath that

  • (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-place,

  • (b) entry to the dwelling-place is necessary for any purpose in relation to the administration of this Act or the regulations, and

  • (c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused,

  the justice may issue a warrant authorizing an officer to enter the dwelling-place subject to any conditions that may be specified in the warrant.

Marginal note:Right of passage

14.1 While carrying out duties or functions under this Act, officers and analysts, and any persons accompanying them, may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.

Marginal note:Assistance

14.2 The owner or person in charge of a place being inspected under section 14, and every person found in the place, shall

• (a) give the officer or analyst all reasonable assistance to enable the officer or analyst to carry out their duties or functions under this Act; and

• (b) provide the officer or analyst with any information with respect to the administration of this Act that he or she may reasonably require.

Marginal note:Search without warrant

15 For the purpose of ensuring compliance with this Act and the regulations, an officer may exercise the powers of search and seizure provided for in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be feasible to obtain a warrant.

Marginal note:Custody of things seized

• 16 (1) An officer who detains or seizes a thing under section 13, 14 or 15 or under a warrant issued under the Criminal Code may retain custody of the thing or transfer custody of it to such person as the officer may designate.

• Marginal note:Perishable things

  (2) Where a thing referred to in subsection (1) is perishable, the officer may dispose of it or destroy it and any proceeds realized from its disposition shall be paid to the lawful owner of the thing unless proceedings under this Act are instituted within ninety days after the detention or seizure.

Marginal note:Abandonment

17 The owner, importer or exporter of any thing detained or seized under this Act may abandon the thing to Her Majesty in right of Canada.

Marginal note:Notice to remove

• 18 (1) Where an officer believes, on reasonable grounds, that any thing is being or has been imported into Canada in contravention of this Act or the regulations, the officer may, whether or not the thing is detained or seized, require, by delivering a notice in the prescribed form and manner, that it be removed from Canada in accordance with the regulations.

• Marginal note:Deadline for removal

  (2) Where a notice to remove a thing is delivered, the removal shall be carried out within the period specified in the notice or, if no such period is specified in the notice, within ninety days after its delivery.

Marginal note:Forfeiture

• 19 (1) Where a person is convicted of an offence under this Act, the convicting court may, in addition to any punishment imposed, order that any thing detained or seized, or any proceeds realized from its disposition, be forfeited to Her Majesty.

• Marginal note:Forfeiture on consent

  (2) Where the owner of a thing detained or seized under this Act consents to its forfeiture, it is thereupon forfeited to Her Majesty.

• Marginal note:Automatic forfeiture

  (3) Where a thing is detained or seized under this Act, it, or the proceeds realized from its disposition, is forfeited to Her Majesty

  • (a) in the case of a thing that has been detained under section 13, if the thing has not been removed within the period prescribed by the regulations;

  • (b) in the case of a thing that has been seized, if ownership of the thing cannot be ascertained within thirty days after the seizure; and

  • (c) in the case of a thing that is the subject of a notice under section 18, if the thing has not been removed from Canada in compliance with that section.

• Marginal note:Return of thing where no forfeiture ordered

  (4) Where the convicting court does not order the forfeiture of a detained or seized thing under subsection (1), the thing, or the proceeds realized from its disposition, shall be returned to the lawful owner of the thing or the person in whose possession the thing was at the time of the detention or seizure.

• Marginal note:Exception

  (5) Where a person is convicted of an offence under this Act, any thing seized or any proceeds realized from its disposition, may be retained until the fine is paid or the thing may be sold under execution in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.

Marginal note:Disposition by Minister

• 20 (1) Where a sample has been taken pursuant to paragraph 14(1)(b) or a thing has been forfeited or abandoned under this Act, it shall be dealt with and disposed of as the Minister may direct.

• (2) [Repealed, 2009, c. 14, s. 119]

Marginal note:Liability for costs

20.1 If a thing is seized under this Act or under a warrant issued under the Criminal Code, the importer or exporter, as the case may be, and the person who owned the thing at the time 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.

Marginal note:Regulations

• 21 (1) The Governor in Council may make regulations for carrying out the purposes of this Act, including regulations

  • (a) respecting the issuance, renewal, revocation and suspension of permits and the circumstances in which persons may be exempted from holding such permits;

  • (b) respecting the exemption of animals and plants, and parts and derivatives of animals and plants, from the operation of any provision of this Act;

  • (c) amending the definitions animal and plant

    • (i) for the purposes of subsection 6(1),

    • (ii) for the purposes of subsection 6(2),

    • (iii) for the purposes of subsection 6(3),

      • (A) in order to protect species that are subject to the legislative authority of Parliament, or

      • (B) at the request of the minister who is responsible for the protection of wild animal or plant species of the government of the province into which the animal or plant is to be transported, where that minister is of the opinion that the transport would be harmful to the environment of that province,

    • (iv) for the purposes of section 7, in order to protect species of animals and plants in a province, other than those species that are subject to the legislative authority of Parliament, at the request of the minister who is responsible for the protection of wild animal or plant species of the government of the province, and

    • (v) for the purposes of section 8;

  • (d) specifying the places and times at which, and the manner in which, animals and plants, classes of animals and plants and parts and derivatives of animals and plants may be imported into Canada and exported from Canada;

  • (e) respecting the marking of animals and plants, and parts and derivatives of animals and plants, and the packaging for animals, plants and parts and derivatives of animals and plants for importation into or exportation from Canada or for transportation from one province to another province;

  • (f) prescribing the documents to be kept by persons mentioned in section 9 and the manner of keeping the documents and the period for which they are to be kept;

  • (g) specifying the terms and conditions under which animals and plants, and parts and derivatives of animals and plants, are to be removed from Canada under section 18;

  • (g.1) designating provisions of the regulations for the purposes of paragraph 22(1)(b);

  • (h) prescribing the manner in which the proceeds resulting from the payment of fines or the execution of orders under this Act shall be distributed;

  • (i) prescribing the fees or charges to be paid in connection with the administration of this Act and the terms and conditions of paying such fees and charges; and

  • (j) generally to implement the Convention.

• Marginal note:Idem

  (2) The Governor in Council shall make regulations specifying the animals and plants that are listed as “fauna” and “flora”, respectively, in an appendix to the Convention and shall, not later than ninety days after any change to a list in an appendix to the Convention, amend the regulations to reflect that change.

Marginal note:Order

• 21.1 (1) The Governor in Council may, on the recommendation of the Minister, by order, amend the definition animal or plant in section 2 for the purposes of subsection 6(2).

• Marginal note:Recommendation

  (2) If the Minister is of the opinion that the import of any specimen, living or dead, would be harmful to Canadian ecosystems or to any species in Canada and that urgent action is needed, the Minister may recommend that an order be made under subsection (1).

• Marginal note:Duration of amendment

  (3) The amendment made by the order applies for the period specified in the order, which period may not be longer than one year from the day the order is made.

• Marginal note:Exemption

  (4) The order is exempt from the application of section 3 of the Statutory Instruments Act.

Offence and Punishment

Marginal note:Offence — persons

• 22 (1) Every person commits an offence who contravenes

  • (a) any provision of this Act;

  • (b) any provision of the regulations designated by regulations made under paragraph 21(1)(g.1); or

  • (c) any order made under this Act by a court.

• Marginal note:Penalty — individuals

  (2) Every individual who commits an offence under subsection (1) is liable,

  • (a) on conviction on indictment,

    • (i) 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

    • (ii) 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; or

  • (b) on summary conviction,

    • (i) 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

    • (ii) 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.

• Marginal note:Penalty — other persons

  (3) Every person, other than an individual or a corporation referred to in subsection (4), that commits an offence under subsection (1) is liable,

  • (a) on conviction on indictment,

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

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

  • (b) on summary conviction,

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

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

• Marginal note:Penalty — small revenue corporations

  (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 22.02 to be a small revenue corporation is liable,

  • (a) on conviction on indictment,

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

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

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

• Marginal note:Relief from minimum fine

  (5) The court may impose a fine that is less than the minimum amount provided for in this section if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court shall provide reasons if it imposes a fine that is less than the minimum amount provided for in this section.

Marginal note:Offence — persons

• 22.01 (1) Every person commits an offence who contravenes any provision of the regulations, other than a provision the contravention of which is an offence under subsection 22(1).

• Marginal note:Penalty — individuals

  (2) Every individual who commits an offence under subsection (1) is liable,

  • (a) on conviction on indictment,

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

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

  • (b) on summary conviction,

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

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

• Marginal note:Penalty — other persons

  (3) Every person, other than an individual or a corporation referred to in subsection (4), that commits an offence under subsection (1) is liable,

  • (a) on conviction on indictment,

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

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

  • (b) on summary conviction,

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

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

• Marginal note:Penalty — small revenue corporations

  (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 22.02 to be a small revenue corporation is liable,

  • (a) on conviction on indictment,

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

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

  • (b) on summary conviction,

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

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

Marginal note:Determination of small revenue corporation status

22.02 For the purpose of sections 22 and 22.01, a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’s gross revenues for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000.

Marginal note:Deeming — second and subsequent offence

• 22.03 (1) For the purposes of subsections 22(2) to (4) and 22.01(2) to (4), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted — under any Act of Parliament, or any Act of the legislature of a province, that relates to environmental or wildlife conservation or protection — of a substantially similar offence.

• Marginal note:Application

  (2) Subsection (1) applies only to previous convictions on indictment and to previous convictions on summary conviction, and to previous convictions under any similar procedure under any Act of the legislature of a province, other than a procedure commenced by means of a ticket.

Marginal note:Additional fine

22.04 If a person is convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court shall order the person to pay an additional fine in an amount equal to the court’s estimation of the value of that property, benefit or advantage. The additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act.

Marginal note:Notice to shareholders

22.05 If a corporation that has shareholders has been convicted of an offence under this Act, the court shall make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed.

Marginal note:Contraventions Act

22.06 If an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention.

Marginal note:Fundamental purpose of sentencing

22.07 The fundamental purpose of sentencing for offences under this Act is to contribute, in light of the numerous serious threats to plants and animals and their importance to the environment, to respect for the law regulating international and interprovincial trade in animals and plants through the imposition of just sanctions that have as their objectives

• (a) to deter the offender and any other person from committing offences under this Act;

• (b) to denounce the unlawful trade in certain animals and plants and to make it unprofitable; and

• (c) to recover, if possible, certain species of animals and plants unlawfully traded.

Marginal note:Sentencing principles

• 22.08 (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court shall consider the following principles when sentencing a person who is convicted of an offence under this Act:

  • (a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and

  • (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence.

• Marginal note:Aggravating factors

  (2) The aggravating factors are the following:

  • (a) the offence caused damage or risk of damage, directly or indirectly, to animals or plants;

  • (b) the offence caused damage or risk of damage to a unique, rare, particularly important or vulnerable species of animal or plant or population of animals or plants;

  • (c) the offender committed the offence intentionally or recklessly;

  • (d) the offender profited, or intended to profit, by committing the offence;

  • (e) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife conservation or protection; and

  • (f) the offence involved a high degree of planning.

• Marginal note:Absence of aggravating factor

  (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor.

• Marginal note:Meaning of damage

  (4) For the purposes of paragraphs (2)(a) and (b), damage includes loss of use value and non-use value.

• Marginal note:Reasons

  (5) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, the court shall give reasons for that decision.

Marginal note:Offences involving more than one animal or plant, etc.

22.09 If an offence under this Act involves more than one animal or plant, or part or derivative of an animal or plant, the fine to be imposed in respect of that offence may, despite sections 22 and 22.01, be the total of the fines that would have been imposed if each of the animals, plants, parts or derivatives had been the subject of a separate information.

Marginal note:Continuing offence

22.1 If an offence under this Act is committed or continued on more than one day, it is deemed to be a separate offence for each day on which the offence is committed or continued.

Marginal note:Application of fines

• 22.11 (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act, are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the environment or for administering that Fund.

• Marginal note:Recommendations of court

  (2) The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or an organization specified by the court for a purpose referred to in subsection (1).

Marginal note:Orders of court

• 22.12 (1) If a person is convicted of an offence under this Act, in addition to any punishment imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order containing one or more of the following prohibitions, directions or requirements:

  • (a) prohibiting the person from doing any act or engaging in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence;

  • (b) directing the person to take any action that the court considers appropriate to remedy or avoid any harm to any animal or plant to which any provision of this Act applies that resulted or may result from the commission of the offence;

  • (c) directing the person to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;

  • (d) directing the person to notify, at the person’s own cost and in the manner specified by the court, any person aggrieved or affected by the offender’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;

  • (e) directing the person to compensate any person, monetarily or otherwise, in whole or in part, for the cost of any remedial or preventive action taken, caused to be taken or to be taken as a result of the act or omission that constituted the offence, including costs of assessing appropriate remedial or preventive action;

  • (f) directing the person to perform community service in accordance with any reasonable conditions that may be specified in the order;

  • (f.1) directing the person to pay, in a manner specified by the court, an amount to enable research to be conducted into the protection or conservation of animals or plants;

  • (f.2) directing the person to pay, in the manner prescribed by the court, an amount to an educational institution including for scholarships for students enrolled in studies related to the environment;

  • (f.3) directing the person to pay, in the manner prescribed by the court, an amount to environmental or other groups to assist in their work in relation to the protection of the species of animal or plant that was the subject of the offence;

  • (g) directing the person to post a bond, provide surety or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this subsection;

  • (h) directing the person to pay to Her Majesty in right of Canada an amount of money that the court considers appropriate for the purpose of promoting the conservation or protection of animals or plants;

  • (i) directing the person to submit to the Minister, when requested to do so by the Minister at any time within three years after the date of the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances;

  • (j) requiring the person to comply with any other conditions that the court considers appropriate in the circumstances for securing the person’s good conduct and for deterring the person and any other person from committing offences under this Act;

  • (k) requiring the person to surrender to the Minister any permit issued under this Act to the person; and

  • (l) prohibiting the person from applying for any new permit under this Act during any period that the court considers appropriate.

• Marginal note:Publication

  (2) If a person fails to comply with an order made under paragraph (1)(c), the Minister may, in the manner that the court directed the person to do so, publish the facts relating to the commission of the offence and the details of the punishment imposed and recover the costs of publication from the offender.

• Marginal note:Debt due to Her Majesty

  (3) If the court makes an order under paragraph (1)(e) or (h) directing a person to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (2), the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

• Marginal note:Enforcement

  (4) If the court makes an order under paragraph (1)(e) directing a person to pay an amount to another person, other than to Her Majesty in right of Canada, and the amount is not paid without delay, that other person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the person who was directed to pay the amount in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

• Marginal note:Cancellation or suspension of permits

  (5) If the court makes an order under paragraph (1)(k), any permit to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate.

• Marginal note:Coming into force and duration of order

  (6) An order made under subsection (1) comes into force on the day on which it is made or on any other day that the court may determine and shall not continue in force for more than three years after that day unless the court provides otherwise in the order.

Marginal note:Suspended sentence

22.13 If a person is convicted of an offence under this Act and the court suspends the passing of sentence pursuant to paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order directing the person to comply with any prohibition, direction or requirement mentioned in section 22.12.

Marginal note:Imposition of sentence

22.14 If a person whose sentence has been suspended fails to comply with an order made under 22.12 or is convicted, within three years after the day on which the order was made, of another offence under this Act, the court may, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended.

Marginal note:Limitation period

22.15 No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years.

Marginal note:Minister may refuse or suspend permit

22.16 The Minister may refuse to issue a permit under this Act, or may cancel such a permit, if the applicant or the holder has been convicted of an offence under this Act.

Ticketable Offences

Marginal note:Procedure

• 23 (1) In addition to the procedures set out in the Criminal Code for commencing a proceeding, proceedings in respect of any prescribed offence may be commenced by an officer

  • (a) completing a ticket that consists of a summons portion and an information portion;

  • (b) delivering the summons portion of the ticket to the accused or mailing it to the accused at the accused’s latest known address; and

  • (c) filing the information portion of the ticket with a court of competent jurisdiction before or as soon as practicable after the summons portion has been delivered or mailed.

• Marginal note:Content of ticket

  (2) The summons and information portions of a ticket shall

  • (a) set out a description of the offence and the time and place of its alleged commission;

  • (b) include a statement, signed by the officer who completes the ticket, that the officer has reasonable grounds to believe that the accused committed the offence;

  • (c) set out the amount of the prescribed fine for the offence and the manner in which and period within which it may be paid;

  • (d) include a statement that if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; and

  • (e) include a statement that if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court and at the time set out in the ticket.

• Marginal note:Notice of forfeiture

  (3) Where any thing is seized under this Act and proceedings relating to the thing are commenced by way of the ticketing procedure described in subsection (1), the officer who completes the ticket shall give written notice to the accused that if the accused pays the prescribed fine within the period set out in the ticket, the thing, or any proceeds realized from its disposition, shall thereupon be forfeited to Her Majesty.

• Marginal note:Consequences of payment

  (4) Where an accused to whom the summons portion of a ticket is delivered or mailed pays the prescribed fine within the period set out in the ticket,

  • (a) the payment constitutes a plea of guilty to the offence described in the ticket and a conviction shall be entered against the accused and no further action shall be taken against the accused in respect of that offence; and

  • (b) any thing seized from the accused under this Act relating to the offence described in the ticket, or any proceeds realized from its disposition, are forfeited to Her Majesty and may be disposed of as the Minister directs.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations prescribing

  • (a) offences under this Act to which this section applies and the manner in which those offences may be described in tickets; and

  • (b) the amount of the fine for a prescribed offence, which amount shall not exceed one thousand dollars.

General

Marginal note:Liability of directors, officers, etc., of corporation

• 24 (1) 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 and guilty of the offence and is liable on conviction to the penalty provided for by this Act for an individual in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted or convicted.

• Marginal note:Directors’ duties

  (2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with

  • (a) this Act and the regulations; and

  • (b) orders made under this Act.

Marginal note:Offences by employees or agents

25 In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

Marginal note:Venue

26 A prosecution for an offence under this Act may be instituted, heard and determined in the place where the offence was committed or the subject-matter of the prosecution arose, where the accused was apprehended or where the accused happens to be, or is carrying on business.

Marginal note:Unpaid fees or charges

27 Where any fee or charge imposed under this Act is unpaid, the fee or charge, as the case may be, may be recovered from the person on whom it was imposed as a debt due to Her Majesty.

Marginal note:Publication of information about contraventions

• 27.1 (1) For the purpose of encouraging compliance with this Act and the regulations, the Minister shall maintain, in a registry accessible to the public, information about all convictions of corporations for offences under this Act.

• Marginal note:Retention

  (2) Information in the registry is to be maintained for a minimum of five years.

Marginal note:Report to Parliament

28 The Minister shall annually prepare a report with respect to the administration of this Act during the preceding calendar year and shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days that the House is sitting after its completion.

Marginal note:Review

• 28.1 (1) The Minister shall, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 22 to 22.16.

• Marginal note:Report to Parliament

  (2) The Minister shall, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.

Repeal

29 [Repeal]

Coming into Force

Marginal note:Coming into force

Footnote ^*30 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force May 14, 1996, see SI/96-41.]