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Bill C-23

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OFFENCES AND PUNISHMENT

Contravention of Act or regulations

13. (1) Every person who contravenes section 5, subsection 6(5) 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.

Subsequent offences

(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.

Continuing offence

(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.

Fines cumulative

(4) Any fine imposed for an offence involving more than one migratory bird or nest 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.

Additional fine

(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.

Forfeiture

14. (1) Where a person is convicted of an offence, the convicting court may, in addition to any punishment imposed, order that any seized thing by means of or in relation to which the offence was committed, or any proceeds of its disposition, be forfeited to Her Majesty.

Return where no forfeiture ordered

(2) Where the convicting court does not order forfeiture, the seized thing, or the proceeds of its disposition, must be returned to its lawful owner or the person lawfully entitled to possession of it.

Retention or sale

15. Where a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.

Court order

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:

    (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 the court considers appropriate to remedy or avoid any harm to any migratory bird or nest that resulted or may result from the commission of the offence;

    (c) directing the person to publish, in any manner 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;

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

    (f) directing the person to submit to the Minister, on application to the court by the Minister within three years after the conviction, any information about the activities of the person that the court considers appropriate in the circumstances;

    (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

    (h) directing the person to post a bond or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section.

Suspended sentence

17. (1) Where a person is convicted of an offence and the court suspends the passing of sentence pursuant to paragraph 737(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order containing one or more of the prohibitions, directions or requirements mentioned in section 16.

Imposition of sentence

(2) Where the person does not comply with the order or is convicted of another offence, within three years after the order was made, 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.

Limitation period

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.

Minister's certificate

(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.

References to the Minister

(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.

TICKETABLE OFFENCES

Procedure

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

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

    (b) delivering the summons portion to the accused or mailing it to the accused at the accused's latest known address; and

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

Content of ticket

(2) The summons and information portions of the ticket must

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

    (b) include a statement, signed by the game 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 fine prescribed for the offence by the regulations 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 on the day and at the time set out in the ticket.

Notice of forfeiture

(3) Where a thing is seized under this Act and proceedings relating to it are commenced by way of the ticketing procedure, the game 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 of its disposition, will be immediately forfeited to Her Majesty.

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 and a conviction must be entered against the accused and no further action may be taken against the accused in respect of that offence; and

    (b) notwithstanding section 9, any thing seized from the accused under this Act in relation to the offence, or any proceeds of its disposition, are forfeited to

      (i) Her Majesty in right of Canada, if the thing was seized by a game officer employed in the public service of Canada; or

      (ii) Her Majesty in right of a province, if the thing was seized by a game officer employed by the government of that province.

Regulations

(5) The Governor in Council may make regulations prescribing

    (a) offences in respect of which this section applies and the manner in which the offences are to be described in tickets; and

    (b) the amount of the fine for a prescribed offence, but the amount may not exceed $1,000.

CONSEQUENTIAL AMENDMENT

1992, c. 47

Contraventions Act

20. The schedule to the Contraventions Act is amended by adding the following after section 7:

Migratory Birds Convention Act, 1994

7.1 Section 19 and the heading before it are repealed.

REPEAL

Repeal of R.S., c. M-7

21. The Migratory Birds Convention Act is repealed.

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