Wild Animal and Plant Trade Regulations

13 (1) Every animal or plant listed as “fauna” or “flora” in Appendix I to the Convention, and any part or derivative of the animal or plant, is exempted from the operation of paragraph 8(c) of the Act where

• (a) the person who possesses it establishes a reasonable probability that it or, in the case of a part or derivative, the animal or plant from which it comes, was taken from its habitat before July 3, 1975;

• (b) the person who possesses it establishes a reasonable probability that it was legally imported into Canada; or

• (c) the person who possesses it establishes a reasonable probability that the distributing of it or the offering to distribute it would be in accordance with any applicable federal and provincial laws that relate to the conservation and protection of the animal or plant.

(2) Every animal listed as “fauna” in Appendix I to the Convention, and any part or derivative of the animal, is exempted from the operation of paragraph 8(c) of the Act where the animal was bred in captivity or is part of a captive breeding program.

(3) Every plant listed as “flora” in Appendix I to the Convention, and any part or derivative of the plant, is exempted from the operation of paragraph 8(c) of the Act where the plant was artificially propagated or is part of an artificial propagation program.

(4) For the purpose of subsection (3), artificially propagated means grown from seeds, spores, pollens, tissue culture or other propagules under controlled conditions.