Wild Animal and Plant Trade Regulations (SOR/96-263)

Personal Effects and Household Effects

• 15 (1) Subject to sections 16 and 18, an individual is exempt from holding an import or export permit issued under subsection 10(1) of the Act for any animal or plant, or any part or derivative of one, that is listed in Schedule I but not in Schedule II or Schedule III and that is a personal effect or a household effect, except

  • (a) in the case of a tourist souvenir, where it was acquired in a country where removal from the wild occurred and where that country requires the prior grant of an export permit before any export of it;

  • (b) in the case of the export of a dead plant or dead animal, or a part or derivative of one, other than feathers, that is raw, unprocessed, semi-processed or simply dried; and

  • (c) in the case of a hunting trophy other than one referred to in subsection (2).

• (2) Subject to sections 16 and 18, an individual who is ordinarily resident in Canada or the United States is exempt from holding an import or export permit issued under subsection 10(1) of the Act for the export from Canada to the United States or the import into Canada from the United States of a hunting trophy that is in a fresh, frozen or salted condition and that was acquired and possessed by the individual through legal hunting, where the hunting trophy consists of

  • (a) the hide, the hide with paws and claws attached, the skull or meat, excluding organs, of a black bear (Ursus americanus); and

  • (b) the carcass or meat of a sandhill crane (Grus canadensis).

16 The exemption referred to in subsection 15(1) does not apply in respect of the importation or exportation of sturgeon caviar by an individual, if the quantity of caviar being imported or exported is greater than 250 g per individual.

Pets

17 Subject to section 18, an individual who is ordinarily resident in a country other than Canada and who imports a pet into Canada for other than commercial purposes and subsequently exports the pet from Canada is exempt from holding a permit issued under subsection 10(1) of the Act if

• (a) the individual has obtained from the competent authority of the individual’s ordinary country of residence a permit, certificate or other written document authorizing the export from, and subsequent import into, that country of the pet; and

• (b) the permit, certificate or other written document meets the requirements of the Convention and is in conformity with the resolutions passed by the Parties to the Convention regarding the movement of pets.

Exemption Conditions

• 18 (1) An individual is exempted under subsection 15(1) or (2) from holding a permit under subsection 10(1) of the Act on the condition that the individual not sell or dispose of the plant or animal or the part or derivative of one that is the subject of the exemption within 90 days after the date of import or export, as the case may be.

• (2) An individual is exempted under section 17 from holding a permit under subsection 10(1) of the Act on the condition that the individual not sell or dispose of the pet that is the subject of the exemption outside of the individual’s ordinary country of residence within 90 days after the date of import or export, as the case may be.

Declaration

• 19 (1) Any individual who imports into Canada or exports from Canada an animal or plant, or a part or derivative of one, and who is exempt from holding a permit under these Regulations shall, on the request of an officer or a customs officer under subsection (2), make a declaration at the time of import or export on a form provided for that purpose by the Minister.

• (2) The officer or customs officer shall request a declaration where the Minister requires it in order to obtain information relating to the implementation of the Convention.

• (3) The declaration shall be signed by the importer or exporter and include the following information in respect of the imported or exported animal, plant, part or derivative:

  • (a) the name, street address and telephone number of the importer or exporter, as the case may be;

  • (b) a description of the animal, plant, part or derivative, in sufficient detail so as to permit it to be identified, including its common name and, if known, its scientific name, and, where applicable, a description of any thing that contains or is made up of the animal, plant, part or derivative;

  • (c) its number or quantity;

  • (d) its country of import or export, as the case may be;

  • (e) whether the animal, plant, part or derivative was acquired by the individual outside the individual’s ordinary country of residence during a sojourn from which they are returning and, if so, the name of the country in which it was acquired; and

  • (f) the date of import or export.

Labelling

20 Where a person imports into Canada or exports from Canada any thing that is identified by a mark, label or accompanying document that indicates that the thing is an animal or plant, or a part or derivative of one, that is listed in Schedule I or II, that thing is, unless there is evidence that raises a reasonable doubt to the contrary, deemed to be the thing so identified.

Removal Notice

21 For the purposes of subsection 18(1) of the Act, a removal notice shall contain the following information:

• (a) the name, street address and telephone number of the importer;

• (b) the name, street address and telephone number of the exporter;

• (c) the provision of the Act or these Regulations that the officer believes has been contravened;

• (d) a description of the thing to be removed; and

• (e) the period of time within which the thing must be removed.

Removal Requirements

22 An officer who requires the removal of all or part of a thing in accordance with subsection 18(1) of the Act shall require that the thing or part be inspected and, to the extent possible, marked and labelled, and that a place of export be indicated on the label or accompanying document.

Forfeiture

23 For the purposes of paragraph 19(3)(a) of the Act, the period within which a thing must be removed is 90 days after the date of its detention under section 13 of the Act.