Bill C-16
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2000, c. 32
CANADA NATIONAL PARKS ACT
29. Paragraph 16(1)(y) of the Canada National Parks Act is replaced by the following:
(y) designating provisions of the regulations for the purpose of subsection 24(1); and
30. Sections 20 and 21 of the Act are replaced by the following:
Contraventions Act
19.1 (1) The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or by an aboriginal government for the purpose of the enforcement of this Act or the regulations with respect to offences that have been designated as contraventions under the Contraventions Act.
Limitations regarding designations
(2) The Minister may specify that a designation is in respect of one or more parks or in respect of all or specified offences under this Act that have been designated as contraventions under the Contraventions Act.
Certificate of designation and oath
20. (1) Every park warden, enforcement officer and person designated under section 19.1 shall be provided with a certificate of designation in a form approved by the Minister and shall take and subscribe an oath prescribed by the Minister.
Limitations must be specified
(2) The certificate must specify the limitations, if any, to which the designation is subject.
Right of passage
20.1 In the discharge of their duties, park wardens and enforcement officers 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.
Immunity
20.2 Park wardens and enforcement officers are not personally liable for anything they do or omit to do in good faith under this Act.
Arrest without warrant
21. A park warden or enforcement officer may, in accordance with the Criminal Code, arrest without warrant any person
(a) whom the warden or officer finds committing an offence under this Act; or
(b) who the warden or officer believes, on reasonable grounds, has committed or is about to commit an offence under this Act.
2002, c. 18, s. 31.4; 2003, c. 22, par. 224(q)(E)
31. Subsections 23(2) and (3) of the French version of the Act are replaced by the following:
Confiscation de plein droit
(2) Dans le cas où leur propriétaire — ou la personne qui a droit à leur possession — ne peut être identifié dans les trente jours suivant la saisie, les objets, ou le produit de leur disposition, sont confisqués au profit de Sa Majesté du chef du Canada, si le garde ou l’agent saisissant est un fonctionnaire de l’administration publique fédérale, ou au profit de Sa Majesté du chef d’une province, si l’agent saisissant est un employé d’une autorité provinciale, municipale ou locale ou d’un gouvernement autochtone.
Biens périssables
(3) Le garde ou l’agent peut disposer, notamment par destruction, des objets saisis périssables; le produit de leur disposition est soit remis à leur propriétaire ou à la personne qui a droit à leur possession, soit, lorsque des poursuites fondées sur la présente loi ont été intentées dans les quatre-vingt-dix jours suivant la saisie, retenu par le garde ou l’agent jusqu’au règlement de l’affaire.
32. The Act is amended by adding the following after section 23:
Liability for costs
23.1 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.
33. Section 24 of the Act is replaced by the following:
Offence
24. (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.
Contravention of other provisions of regulations or of conditions of permits, etc.
(2) Every person who contravenes any provision of the regulations, other than a provision designated by regulations made under paragraph 16(1)(y), or any condition of a permit, licence or other authorizing instrument issued under the regulations, 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.
34. Subsections 25(1) and (2) of the Act are replaced by the following:
Trafficking in wild animals, etc.
25. (1) Except as permitted by 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.
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.
35. (1) Subsections 26(1) to (4) of the Act are replaced by the following:
Hunting, trafficking or possessing
26. (1) Except as permitted by 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.
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.
Hunting, trafficking or possessing
(3) Except as permitted by 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.
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.
(2) The definition “wildlife” in subsection 26(5) of the Act is repealed.
(3) Subsection 26(6) of the Act is replaced by the following:
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.
36. (1) Subsection 27(1) of the Act is replaced by the following:
Offences involving more than one animal, plant or object
27. (1) If an offence involves more than one animal, plant or object, the fine to be imposed in respect of that offence may, despite sections 24 to 26, be the total of the fines that would have been imposed if each of the animals, plants or objects had been the subject of a separate information.
(2) Subsection 27(3) of the Act is replaced by the following:
Deeming — second and subsequent offence
(3) For the purposes of sections 24 to 26, 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 protection or conservation, or the protection of cultural, historical or archaeological resources — of a substantially similar offence.
Application
(4) Subsection (3) 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.
37. The Act is amended by adding the following after section 27:
Determination of small revenue corporation status
27.1 For the purpose of sections 24 to 26, 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.
Relief from minimum fine
27.2 The court may impose a fine that is less than the minimum amount provided for in section 24, 25 or 26 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 any of those sections.
Additional fine
27.3 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.
Notice to shareholders
27.4 If a corporation that has shareholders is 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.
Liability of directors, officers, etc., of corporations
27.5 (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.
Duties of directors and officers of corporations
(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;
(b) orders made by a court or the superintendent under this Act; and
(c) directions of the superintendent, a park warden or an enforcement officer made under this Act.
Fundamental purpose of sentencing
27.6 The fundamental purpose of sentencing for offences under this Act is to contribute to respect for the law establishing and protecting parks 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 unlawful conduct that damages or creates a risk of damage to parks; and
(c) to restore park resources.
Sentencing principles
27.7 (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.
Aggravating factors
(2) The aggravating factors are the following:
(a) the offence caused damage or risk of damage to park resources;
(b) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable park resources;
(c) the damage caused by the offence is extensive, persistent or irreparable;
(d) the offender committed the offence intentionally or recklessly;
(e) the offender failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so;
(f) by committing the offence or failing to take action to prevent its commission, the offender increased revenue or decreased costs or intended to increase revenue or decrease costs;
(g) the offender committed the offence despite having been warned by the superintendent, a park warden or an enforcement officer of the circumstances that subsequently became the subject of the offence;
(h) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife protection or conservation or the protection of cultural, historical or archaeological resources; and
(i) after the commission of the offence, the offender
(i) attempted to conceal its commission,
(ii) failed to take prompt action to prevent, mitigate or remediate its effects, or
(iii) failed to take prompt action to reduce the risk of committing similar offences in the future.
Absence of aggravating factor
(3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor.
Meaning of “damage”
(4) For the purposes of paragraphs (2)(a) to (c), “damage” includes loss of use value and non-use value.
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, it shall give reasons for that decision.
38. The Act is amended by adding the following after section 29:
Application of fines
29.1 (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 parks or for administering that Fund.
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 organization specified by the court for a purpose referred to in subsection (1).
39. (1) Paragraph 30(1)(a) of the French version of the Act is replaced by the following:
a) s’abstenir de tout acte ou toute activité risquant d’entraîner, de l’avis du tribunal, la continuation de l’infraction ou la récidive;
(2) Paragraphs 30(1)(b) and (c) of the Act are replaced by the following:
(b) directing the person to take any action that the court considers appropriate to remedy or avoid any damage to any park resources that resulted or may result from the commission of the offence;
(c) 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;
(3) Paragraph 30(1)(d) of the French version of the Act is replaced by the following:
d) en garantie de l’exécution des obligations imposées au titre du présent article, fournir le cautionnement ou déposer auprès du tribunal la somme que celui-ci estime indiqué;
(4) Subsection 30(1) of the Act is amended by striking out “or” at the end of paragraph (d) and by replacing paragraph (e) with the following:
(e) directing the person to prepare and implement a pollution prevention plan or an environmental emergency plan;
(f) directing the person to carry out, in the manner established by the Minister, monitoring of the environmental effects of any activity or undertaking on park resources or directing the person to pay, in the manner specified by the court, an amount for that purpose;
(g) directing the person to implement an environmental management system approved by the Minister;
(h) directing the person to have an environmental audit conducted by a person of a class and at the times specified by the Minister and directing the person to remedy any deficiencies revealed during the audit;
(i) 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 protection, conservation or restoration of parks;
(j) 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;
(k) 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 person’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;
(l) 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 conviction, any information with respect to the person’s activities that the court considers appropriate in the circumstances;
(m) directing the person to perform community service, subject to any reasonable conditions that may be imposed in the order;
(n) directing the person to pay, in a manner specified by the court, an amount to enable research to be conducted into the protection, conservation or restoration of parks;
(o) requiring the person to surrender to the Minister any permit, licence or other authorizing instrument issued under the regulations to the person;
(p) prohibiting the person from applying for any new permit, licence or other authorizing instrument under the regulations during any period that the court considers appropriate; and
(q) requiring the person to comply with any other conditions that the court considers appropriate.
(5) Section 30 of the Act is amended by adding the following after subsection (3):
Publication
(4) If a person fails to comply with an order made under paragraph (1)(j), 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 person.
Debt due to Her Majesty
(5) If the court makes an order under paragraph (1)(c) or (i) directing a person to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (4), 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.
Enforcement
(6) If the court makes an order under paragraph (1)(c) 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.
Cancellation or suspension of permits, etc.
(7) If the court makes an order under paragraph (1)(o), any permit, licence or other authorizing instrument to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate.
Coming into force and duration of order
(8) 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.
40. Section 31 of the Act is replaced by the following:
Compensation for loss of property
31. (1) If a person has been convicted of an offence under this Act, the court may, at the time sentence is imposed and on the application of the person aggrieved, order the offender to pay to the aggrieved person an amount by way of satisfaction or compensation for loss of or damage to property suffered by that person as a result of the commission of the offence.
Enforcement
(2) If the amount ordered to be paid under subsection (1) is not paid without delay, the aggrieved 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 offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.
Limitation period
31.1 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.
Contraventions Act
31.2 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.
Publication of information about contraventions
31.3 (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.
Retention
(2) Information in the registry is to be maintained for a minimum of five years.
Review
31.4 (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 24 to 31.3.
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.
R.S., c. W-9; 1994, c. 23, s. 2(F)
CANADA WILDLIFE ACT
41. Subsection 2(1) of the Canada Wildlife Act is amended by adding the following in alphabetical order:
“Chief Review Officer”
« réviseur-chef »
« réviseur-chef »
“Chief Review Officer” means the review officer appointed as Chief Review Officer under subsection 244(1) of the Canadian Environmental Protection Act, 1999 and includes any review officer designated under subsection 244(3) of that Act to perform the functions of the Chief Review Officer.
1994, c. 23, s.13
42. (1) Subsection 11(1) of the Act is replaced by the following:
Designation of wildlife officers and analysts
11. (1) The Minister may designate any person or class of persons to act as wildlife officers or analysts for the purposes of this Act and the regulations.
1994, c. 23, s.13
(2) Subsection 11(3) of the Act is replaced by the following:
Certificate of designation
(3) Every wildlife officer and analyst must be provided with a certificate of his or her designation as a wildlife officer, or as an analyst, as the case may be, in a form approved by the Minister and, on entering any place under this Act, the officer or analyst shall, if so requested, show the certificate to the occupant or person in charge of the place.
1994, c. 23, s.13
(3) Subsection 11(6) of the Act is replaced by the following:
Obstruction
(6) When a wildlife officer or an analyst is carrying out duties or functions under this Act or the regulations, no person shall
(a) knowingly make any false or misleading statement either orally or in writing to the wildlife officer or analyst; or
(b) otherwise wilfully obstruct the wildlife officer or analyst.
1994, c. 23, s.13
43. Subsection 11.1(2) of the Act is replaced by the following:
Analysts
(1.1) An analyst may, for the purposes of this Act, accompany a wildlife officer who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the wildlife officer, enter the place and exercise any of the powers described in paragraphs (1)(a) and (b).
Conveyance
(2) For the purposes of carrying out the inspection, the wildlife 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.
44. The Act is amended by adding the following after section 11.1:
Right of passage
11.11 While carrying out duties or functions under this Act, wildlife 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.
Assistance
11.12 The owner or person in charge of a place being inspected under section 11.1, and every person found in the place, shall
(a) give the wildlife officer or analyst all reasonable assistance to enable the wildlife officer or analyst to carry out their duties or functions under this Act; and
(b) provide the wildlife officer or analyst with any information with respect to the administration of this Act that he or she may reasonably require.
Immunity
11.13 Wildlife officers, analysts and persons acting under a wildlife officer’s direction and control are not personally liable for anything they do or omit to do in good faith under this Act.
45. Section 11.4 of the French version of the Act is replaced by the following:
Disposition par le ministre
11.4 Il est disposé des objets confisqués ou abandonnés au titre de la présente loi conformément aux instructions du ministre.
2001, c. 4, s. 128(E); 2004, c. 250, s. 118(F)
46. Section 11.5 of the Act is replaced by the following:
Liability for costs
11.5 If a thing is seized under this Act or under a warrant issued under the Criminal Code, 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.
Meaning of “order”
11.6 For the purpose of sections 11.7 to 11.97 “order” means a compliance order issued under section 11.7.
Compliance order
11.7 (1) Whenever, during the course of an inspection or a search, a wildlife officer has reasonable grounds to believe that any provision of this Act or the regulations has been contravened by a person who is continuing the commission of the offence, or that any of those provisions are likely to be contravened, the wildlife officer may issue a compliance order directing any person who causes or contributes to the alleged contravention, or who is likely to do so, to take any of the measures referred to in subsection (2) that are reasonable in the circumstances and consistent with wildlife conservation and public safety in order to cease or refrain from committing the alleged contravention.
Specific measures
(2) The order may specify that the person to whom the order is directed take one or more of the following measures:
(a) refrain from doing anything in contravention of this Act or the regulations, or do anything to comply with this Act or the regulations;
(b) stop or shut down any activity, work, undertaking or thing for a specified period;
(c) cease the operation of any activity or any part of a work, undertaking or thing until the wildlife officer is satisfied that the activity, work, undertaking or thing will be operated in accordance with this Act and the regulations;
(d) move any conveyance to another location including, in the case of a vessel, moving the vessel into port or, in the case of an aircraft, landing the aircraft;
(e) unload or reload the contents of any conveyance; and
(f) take any other measure that the wildlife officer considers necessary to facilitate compliance with the order or to protect and conserve wildlife and wildlife habitat, including, but not limited to,
(i) maintaining records on any relevant matter,
(ii) reporting periodically to the wildlife officer, and
(iii) submitting to the wildlife officer any information, proposal or plan specified by the wildlife officer that sets out any action to be taken by the person with respect to the subject matter of the order.
Contents of order
(3) Subject to section 11.8, an order must be made in writing and must set out
(a) the name of the person or persons to whom the order is directed;
(b) the provision of this Act or the regulations that is alleged to have been or that is likely to be contravened;
(c) the relevant facts surrounding the alleged contravention;
(d) the measures to be taken;
(e) the time or the day when each measure is to begin or the period during which it is to be carried out;
(f) subject to subsection (4), the duration of the order;
(g) a statement that a request for a review may be made to the Chief Review Officer; and
(h) the period within which a request for a review may be made.
Duration of order
(4) An order may not be in force for a period of more than 180 days.
Failing to file report
(5) For the purposes of subsection (1), a person who commits an offence by failing to file a report required by this Act or the regulations is deemed to be continuing the commission of the offence each day that the report is not filed.
Statutory Instruments Act
(6) An order is not a statutory instrument for the purposes of the Statutory Instruments Act.
Exigent circumstances
11.8 (1) In the case of exigent circumstances, an order may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 11.7.
Meaning of “exigent circumstances”
(2) For greater certainty, “exigent circumstances” includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 11.7(3) would result in danger to human life or to the environment, including wildlife.
Notice of intent
11.9 (1) Except in exigent circumstances, a wildlife officer shall, whenever practicable, before issuing an order,
(a) provide every person who will be subject to the order with an oral or written notice of the officer’s intention to issue it; and
(b) allow a reasonable opportunity in the circumstances for the person to make oral representations.
Contents of notice of intent
(2) The notice of intent to issue the order must include
(a) a statement of the purpose of the notice;
(b) a reference to the statutory authority under which the order is to be issued; and
(c) a statement that the party notified may make oral representations to the wildlife officer within the period stated in the notice.
Compliance with the order
11.91 (1) A person to whom an order is directed shall, immediately on receipt of the order or a copy of it or on being directed by a wildlife officer in an order given orally under subsection 11.8(1), comply with the order.
No bar to proceedings
(2) The issuance of or compliance with an order in respect of a person’s alleged contravention of this Act or the regulations is not a bar to any proceedings against the person under this or any other Act in relation to the alleged contravention.
Intervention by wildlife officer
11.92 (1) If a person to whom an order is directed fails to take any measures specified in the order, a wildlife officer may take the measures or cause them to be taken.
Access to property
(2) A wildlife officer or other person authorized or required by a wildlife officer to take measures under subsection (1) may enter and have access to any place or property and may do any reasonable thing that may be necessary in the circumstances.
Personal liability
(3) Any person, other than a person referred to in subsection 11.7(1), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized or required by a wildlife officer under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith.
Recovery of reasonable costs and expenses by Her Majesty
11.93 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to any measures taken under subsection 11.92(1) from any person who caused or contributed to the alleged contravention, to the extent of the person’s negligence in causing or contributing to the alleged contravention.
Costs must have been reasonably incurred
(2) The costs and expenses may only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances.
Procedure
(3) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken in the name of Her Majesty in right of Canada in any court of competent jurisdiction.
Recourse or indemnity
(4) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.
Limitation period
(5) If events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted more than five years after the day on which the events occur or become evident to the Minister, whichever is later.
Minister’s certificate
(6) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document is to be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof.
Request for review
11.94 (1) Any person to whom an order is directed may, by notice in writing given to the Chief Review Officer within 30 days after the day on which the person receives a copy of the written order or after the oral order is given, make a request to the Chief Review Officer for a review of the order.
Extension of period for request
(2) The Chief Review Officer may extend the period within which a request for a review may be made if, in his or her opinion, it is in the public interest to do so.
Variation or cancellation of order
11.95 (1) At any time before a notice requesting a review of an order is received by the Chief Review Officer, the wildlife officer may, after giving reasonable notice,
(a) amend or suspend a term or condition of the order, or add a term or condition to, or delete a term or condition from, the order;
(b) cancel the order;
(c) correct a clerical error in the order; or
(d) extend the duration of the order for a period of not more than 180 days less the number of days that have passed since the day on which the order was received by the person who is subject to it.
Notice of intent
(2) Except in exigent circumstances, a wildlife officer shall, whenever practicable, before exercising a power under paragraph (1)(a) or (d),
(a) provide every person who will be subject to the order with an oral or written notice of the officer’s intention to exercise the power; and
(b) allow a reasonable opportunity in the circumstances for the person to make oral representations.
Contents of notice of intent
(3) The notice of intent to exercise a power under paragraph (1)(a) must include
(a) a statement of the purpose of the notice;
(b) a reference to the statutory authority under which the power is to be exercised; and
(c) a statement that the party notified may make oral representations to the wildlife officer within the period stated in the notice.
Regulations
11.96 The Minister may make regulations
(a) prescribing the form of reporting to wildlife officers under subparagraph 11.7(2)(f)(ii) and specifying the information required to be contained in or to accompany the report; and
(b) of either particular or general application, respecting representations made to wildlife officers under subsection 11.9(1) or 11.95(2).
Review
11.97 Sections 257 to 271 of the Canadian Environmental Protection Act, 1999 apply, with any modifications that the circumstances require, to a review requested of any order.
2002, c. 29, s. 136(1)
47. (1) Paragraph 12(a) of the Act is replaced by the following:
(a) respecting the prohibition against entry, generally or for any specified period or purpose, by persons on lands under the administration of the Minister, or on public lands referred to in an order made under subsection 4(3), or on any part of those lands;
(2) Section 12 of the Act is amended by striking out “and” at the end of paragraph (i), by adding “and” at the end of paragraph (j) and by adding the following after paragraph (j):
(k) designating provisions of the regulations for the purposes of paragraph 13(1)(b).
1994, c. 23, s. 15
48. Section 13 of the Act is replaced by the following:
Offence
13. (1) Every person commits an offence who contravenes
(a) subsection 11(6) or 11.91(1);
(b) any provision of the regulations designated by regulations made under paragraph 12(k); or
(c) an order made by a court under this Act.
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.
Penalty — other persons
(3) Every person, other than an individual or a corporation referred to in subsection (4), 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 $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.
Penalty — small revenue corporations
(4) Every corporation that commits an offence under subsection (1) and that the court determines under section 13.02 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.
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.
Offence
13.01 (1) Every person commits an offence who contravenes
(a) any provision of the Act or the regulations, other than a provision the contravention of which is an offence under subsection 13(1); or
(b) an order made under this Act, other than an order the contravention of which is an offence under subsection 13(1).
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.
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.
Penalty — small revenue corporations
(4) Every corporation that commits an offence under subsection (1) and that the court determines under section 13.02 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.
Determination of small revenue corporation status
13.02 For the purpose of sections 13 and 13.01, 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.
Deeming — second and subsequent offence
13.03 (1) For the purposes of subsections 13(2) to (4) and 13.01(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.
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.
Additional fine
13.04 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.
Notice to shareholders
13.05 If a corporation that has shareholders is 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.
Liability of directors and officers, etc., of corporation
13.06 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.
Directors’ duties
13.07 Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with the provisions of this Act and the regulations and obligations and prohibitions arising from this Act or the regulations.
Fundamental purpose of sentencing
13.08 The fundamental purpose of sentencing for offences under this Act is to contribute, in light of the significant and many threats to wildlife and the importance of wildlife to the well-being of Canadians, to respect for the law protecting wildlife 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 unlawful conduct that damages or creates a risk of damage to wildlife; and
(c) to recover wildlife and restore wildlife habitat.
Sentencing principles
13.09 (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.
Aggravating factors
(2) The aggravating factors are the following:
(a) the offence caused damage or risk of damage to wildlife or wildlife habitat;
(b) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable wildlife or wildlife habitat;
(c) the damage caused by the offence is extensive, persistent or irreparable;
(d) the offender committed the offence intentionally or recklessly;
(e) the offender failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so;
(f) by committing the offence or failing to take action to prevent its commission, the offender increased revenue or decreased costs or intended to increase revenue or decrease costs;
(g) the offender committed the offence despite having been warned by a wildlife officer of the circumstances that subsequently became the subject of the offence;
(h) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife conservation or protection; and
(i) after the commission of the offence, the offender
(i) attempted to conceal its commission,
(ii) failed to take prompt action to prevent, mitigate or remediate its effects, or
(iii) failed to take prompt action to reduce the risk of committing similar offences in the future.
Absence of aggravating factor
(3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor.
Meaning of “damage”
(4) For the purposes of paragraphs (2)(a) to (c), “damage” includes loss of use value and non-use value.
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.
Proof of offence
13.1 In any prosecution of an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or prosecuted for the offence.
Continuing offence
13.11 A person who commits or continues an offence under this Act 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.
Offences involving more than one animal, plant or other organism
13.12 If an offence under this Act involves more than one animal, plant or other organism, the fine to be imposed in respect of that offence may, despite sections 13 and 13.01, be the total of the fines that would have been imposed if each of the animals, plants or other organisms had been the subject of a separate information.
Application of fines
13.13 (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.
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).
1994, c. 23. s. 15
49. (1) Paragraphs 16(c) and (d) of the Act are replaced by the following:
(b.1) directing the person to carry out environmental effects monitoring in the manner established by the Minister, or directing the person to pay, in the manner specified by the court, an amount for the purpose of environmental effects monitoring;
(b.2) directing the person to implement an environmental management system that meets a recognized Canadian or international standard specified by the court;
(b.3) 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 proper management of wildlife or the conservation or protection of wildlife;
(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;
(c.1) 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 person’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;
(d) 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;
(d.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 the wildlife or the wildlife habitat in respect of which the offence was committed;
1994, c. 23. s. 15
(2) Paragraph 16(g) of the Act is replaced by the following:
(g) 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 persons from committing offences under this Act;
(3) Section 16 of the Act is amended by adding the following after paragraph 16(h):
(i) requiring the person to surrender to the Minister any permit or other authorization issued under this Act to the person; and
(j) prohibiting the person from applying for any new permit or other authorization under this Act during any period that the court considers appropriate.
50. The Act is amended by adding the following after section 16:
Coming into force and duration of order
16.1 An order made under section 16 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.
Publication
16.2 If a person fails to comply with an order made under paragraph 16(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 person.
Debt due to Her Majesty
16.3 If the court makes an order under paragraph 16(b.3) or (d) directing a person to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under section 16.2, 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.
Enforcement
16.4 If the court makes an order under paragraph 16(d) 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.
Cancellation or suspension of permits, etc.
16.5 If the court makes an order under paragraph 16(i), any permit or other authorization to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate.
1994, c. 23, s. 15
51. Section 18 of the Act is replaced by the following:
Limitation period
18. 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.
Publication of information about contraventions
18.1 (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.
Retention
(2) Information in the registry is to be maintained for a minimum of five years.
Minister may refuse or suspend permit, etc.
18.2 The Minister may refuse to issue a permit or other authorization under this Act, or may amend, suspend or cancel such a permit or other authorization, if the applicant or the holder has been convicted of an offence under this Act.
Contraventions Act
18.3 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.
Review
18.4 (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 13 to 18.3.
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.
Explanatory Notes
Canada National Parks Act
Clause 29: Relevant portion of subsection 16(1):
16. (1) The Governor in Council may make regulations respecting
...
(y) maximum amounts of fines in respect of contraventions of provisions of the regulations or of permits, licences or other authorizing instruments issued pursuant to the regulations, for the purposes of paragraphs 24(3)(a) and (b); and
Clause 30: Existing text of sections 20 and 21:
20. (1) Every park warden and enforcement officer shall be provided with a certificate of designation in a form approved by the Minister and shall take and subscribe an oath prescribed by the Minister.
(2) A certificate of designation provided to an enforcement officer shall specify the provisions of this Act or the regulations that the enforcement officer has the power to enforce and the parks in which that power applies.
(3) In the discharge of their duties, park wardens, enforcement officers and persons accompanying them may enter on and pass through or over private property.
21. (1) A park warden or enforcement officer may, in accordance with and subject to the Criminal Code, arrest without warrant
(a) any person whom the warden or officer finds committing an offence under this Act; or
(b) any person who, on reasonable grounds, the warden or officer believes has committed or is about to commit an offence under section 26.
(2) A park warden may, in accordance with and subject to the Criminal Code, arrest without warrant any person whom the warden finds committing an offence under any other Act in a park.
Clause 31: Existing text of subsections 23(2) and (3):
(2) If the lawful ownership of or entitlement to a seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada, if the thing was seized by a park warden or by an enforcement officer employed in the federal public administration, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or an aboriginal government.
(3) If a seized thing is perishable, the park warden or enforcement officer may dispose of it or destroy it, and any proceeds of its disposition shall be paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after its seizure, or shall be retained by the warden or officer pending the outcome of those proceedings.
Clause 32: New.
Clause 33: Existing text of section 24:
24. (1) Every person who contravenes section 13 is guilty of an offence and liable
(a) on summary conviction, to a fine not exceeding $2,000; or
(b) on conviction on indictment, to a fine not exceeding $5,000.
(2) Every person who contravenes subsection 32(1) is guilty of an offence and liable
(a) on summary conviction,
(i) in the case of a corporation, to a fine not exceeding $10,000, and
(ii) in the case of an individual, to a fine not exceeding $2,000; or
(b) on conviction on indictment,
(i) in the case of a corporation, to a fine not exceeding $50,000, and
(ii) in the case of an individual, to a fine not exceeding $5,000.
(3) Every person who contravenes a provision of the regulations, or a condition of a permit, licence or other authorizing instrument issued under the regulations, is guilty of an offence and liable
(a) on summary conviction, to a fine not exceeding $2,000, or
(b) on conviction on indictment, to a fine not exceeding $5,000,
or any lesser maximum amount that may be prescribed by the regulations in respect of that provision or in respect of that permit, licence or authorizing instrument.
Clause 34: Existing text of subsections 25(1) and (2):
25. (1) Except as permitted by the regulations, no person shall traffic in any wild mammal, amphibian, reptile, bird, fish or invertebrate, any part or an egg or embryo thereof, any plant or part of a plant, or any other naturally occurring object or product of natural phenomena, taken in or from a park.
(2) Every person who contravenes subsection (1) is guilty of an offence and liable
(a) on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months or to both; or
(b) on conviction on indictment, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year or to both.
Clause 35: (1) Existing text of subsections 26(1) to (4):
26. (1) Except as permitted by the regulations, no person shall hunt, traffic in or possess, in a park, any wildlife of a species named in Part 1 of Schedule 3, or traffic in or possess such wildlife taken from a park.
(2) Every person who contravenes subsection (1) is guilty of an offence and liable
(a) on summary conviction, to a fine not exceeding $150,000 or to imprisonment for a term not exceeding six months or to both; or
(b) on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding five years or to both.
(3) Except as permitted by the regulations, no person shall hunt, traffic in or possess, in a park, any wildlife of a species named in Part 2 of Schedule 3, or traffic in or possess such wildlife taken from a park.
(4) Every person who contravenes subsection (3) is guilty of an offence and liable
(a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months or to both; or
(b) on conviction on indictment, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding five years or to both.
(2) Existing text of the definition:
“wildlife”, in relation to any species named in Schedule 3, includes any part of an individual of the species, and their eggs and embryos.
(3) Existing text of subsection 26(6):
(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 mammal, amphibian, reptile, bird, fish or invertebrate or by deleting the name of any species.
Clause 36: (1) Existing text of subsection 27(1):
27. (1) A fine imposed for an offence involving more than one animal, plant or object 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.
(2) Existing text of subsection 27(3):
(3) Where a person is convicted of an offence under this Act a second or subsequent time, the amount of the fine for the subsequent offence may, notwithstanding subsection 24(1), (2) or (3), 25(2) or 26(2) or (4), be double the amount set out in that subsection.
Clause 37: New.
Clause 38: New.
Clause 39: (1) to (4) Existing text of subsection 30(1):
30. (1) When a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order
(a) prohibiting the person from doing any act or engaging in any activity that may, 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 resources of a park that resulted or may result from the commission of the offence;
(c) directing the person to pay the Minister an amount of money as compensation, in whole or in part, for the cost of any remedial or preventive action taken by the Minister as a result of the commission of the offence;
(d) directing the person to post a bond 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 section; or
(e) requiring the person to comply with any other conditions that the court considers appropriate.
(5) New.
Clause 40: Existing text of section 31:
31. (1) Proceedings by way of summary conviction may be commenced not later than two years after the day on which the subject-matter of the proceedings becomes known to the Minister.
(2) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.
Canada Wildlife Act
Clause 41: New.
Clause 42: (1) Existing text of subsection 11(1):
11. (1) The Minister may designate any person or class of persons to act as wildlife officers for the purposes of this Act and the regulations.
(2) Existing text of subsection 11(3):
(3) Every wildlife officer must be provided with a certificate of designation as a wildlife officer in a form approved by the Minister and, on entering any place under this Act, the officer shall, if so requested, show the certificate to the occupant or person in charge of the place.
(3) Existing text of subsection 11(6):
(6) When a wildlife officer is carrying out duties or functions under this Act or the regulations, no person shall
(a) knowingly make any false or misleading statement either orally or in writing to the wildlife officer; or
(b) otherwise wilfully obstruct the wildlife officer.
Clause 43: Existing text of subsection 11.1(2):
(2) For the purposes of carrying out the inspection, the wildlife officer may stop a conveyance or direct that it be moved to a place where the inspection can be carried out.
Clause 44: New.
Clause 45: Existing text of section 11.4:
11.4 Any thing that has been forfeited or abandoned under this Act must be dealt with and disposed of as the Minister may direct.
Clause 46: Existing text of section 11.5:
11.5 The lawful owner and any person who is lawfully entitled to the possession of anything seized, abandoned or forfeited under this Act are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, abandonment, forfeiture or disposition incurred by Her Majesty in excess of any proceeds of its disposition that have been forfeited to Her Majesty under this Act.
Clause 47: (1) and (2) Relevant portion of section 12:
12. The Governor in Council may make regulations
(a) prohibiting entry, generally or for any specified period or purpose, of any person on lands under the administration of the Minister, or on public lands referred to in an order made under subsection 4(3), or on any part of those lands;
Clause 48: Existing text of section 13:
13. (1) Every person who contravenes subsection 11(6) or any regulation
(a) is guilty of an offence punishable on summary conviction and is liable
(i) in the case of a corporation, to a fine not exceeding $100,000, and
(ii) in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or
(b) is guilty of an indictable offence and is liable
(i) in the case of a corporation, to a fine not exceeding $250,000, and
(ii) in the case of an individual, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding five years, or to both.
(2) Where a person is convicted of an offence under this Act a second or subsequent time, the amount of the fine for the subsequent offence may, notwithstanding subsection (1), be double the amount set out in that subsection.
(3) 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.
(4) 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.
(5) Where a person has been 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,
(a) 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; and
(b) the additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act.
Clause 49: (1) to (3) Relevant portion of section 16:
16. Where a person is convicted of an offence, the court may, in addition to any punishment imposed and 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:
...
(c) directing the person to publish, in any manner that the court considers appropriate, the facts relating to the commission of the offence;
(d) directing the person to pay the Minister or the government of a province compensation, in whole or in part, for the cost of any remedial or preventive action taken by or on behalf of the Minister or that government as a result of the commission of the offence;
...
(g) requiring the person to comply with any other conditions that the court considers appropriate for securing the person’s good conduct and for preventing the person from repeating the offence or committing other offences; and
Clause 50: New.
Clause 51: Existing text of section 18:
18. (1) Proceedings by way of summary conviction in respect of an offence may be commenced at any time within, but not later than, two years after the day on which the subject-matter of the proceedings became known to the Minister.
(2) A document appearing to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is proof of the matter asserted in it.
(3) For the purposes of this section, a reference to the Minister includes the provincial minister responsible for the protection of wildlife in the province where the offence is alleged to have been committed.