| Liability for
costs
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11.5 The lawful owner and any person
lawfully entitled to possession of any thing
seized, abandoned or forfeited under this Act
are jointly and severally liable for all the costs
of inspection, seizure, abandonment,
forfeiture or disposition incurred by Her
Majesty in excess of any proceeds of
disposition of the thing that have been
forfeited to Her Majesty under this Act.
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14. (1) Paragraph 12(b) of the French
version of the Act is replaced by the
following:
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b) préciser les mesures à prendre en
collaboration avec le gouvernement de la
province intéressée pour la protection des
espèces sauvages menacées d'extinction;
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(2) Paragraphs 12(e) and (f) of the French
version of the Act are replaced by the
following:
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e) prévoir, pour les terres acquises en
application de l'article 9, des usages
compatibles avec les activités de recherche,
de conservation et d'information
concernant les espèces sauvages;
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f) interdire l'accès des terres acquises en
application de l'article 9 aux personnes qui
y mettent les espèces sauvages en danger;
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| 1991, c. 50,
s. 48(2)
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(3) Paragraphs 12(g) to (i) of the Act are
replaced by the following:
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(g) respecting the issuance, renewal,
revocation and suspension of permits,
leases, stamps and other authorizing
instruments required to carry on any
activity under this Act or the regulations;
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(h) for charging fees for the permits, leases,
stamps or other authorizing instruments and
for determining the amount of the fees and
the terms and conditions under which they
are to be paid;
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(i) prescribing measures for the
conservation of wildlife
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(i) on public lands the administration of
which has been assigned to the Minister
pursuant to subsection 4(1), or
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(ii) in any protected marine areas
established pursuant to subsection
4.1(1); and
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(j) respecting the establishment of facilities
or the construction, maintenance and
operation of works for wildlife research,
conservation and interpretation
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(i) on public lands the administration of
which has been assigned to the Minister
pursuant to subsection 4(1), or
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(ii) in any protected marine areas
established pursuant to subsection 4.1(1).
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15. Section 13 of the Act is replaced by the
following:
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| Contravention
of Act or
regulations
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13. (1) Every person who contravenes
subsection 11(5) or any regulation
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(a) is guilty of an offence punishable on
summary conviction and is liable
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(i) in the case of a corporation, to a fine
not exceeding $100,000, and
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(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
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(b) is guilty of an indictable offence and is
liable
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(i) in the case of a corporation, to a fine
not exceeding $250,000, and
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(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.
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| Subsequent
offence
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(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.
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| Continuing
offence
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(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.
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| Fines
cumulative
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(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.
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| Additional
fine
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(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,
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(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
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(b) the additional fine may exceed the
maximum amount of any fine that may
otherwise be imposed under this Act.
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| Forfeiture
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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.
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| Return where
no forfeiture
ordered
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(2) Where the convicting court does not
order the forfeiture, the seized thing, or the
proceeds of its disposition, must be returned to
its lawful owner or the person lawfully
entitled to it.
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| Retention or
sale
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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.
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| Orders of
court
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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:
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(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;
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(b) directing the person to take any action
that the court considers appropriate to
remedy or avoid any harm to any wildlife
that resulted or may result from the
commission of the offence;
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(c) directing the person to publish, in any
manner that the court considers
appropriate, the facts relating to the
commission of the offence;
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(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;
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(e) directing the person to perform
community service in accordance with any
reasonable conditions that may be specified
in the order;
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(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 respecting the
activities of the person that the court
considers appropriate in the circumstances;
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(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
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(h) 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 under this section.
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| Suspended
sentence
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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.
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| Imposition of
sentence
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(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.
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| Limitation
period
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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.
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| Minister's
certificate
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(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.
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| References to
the Minister
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(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.
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| Procedure
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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 wildlife officer
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*ep
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(a) completing a ticket that consists of a
summons portion and an information
portion;
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(b) delivering the summons portion to the
accused or mailing it to the accused at the
accused's latest known address; and
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(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.
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| Content of
ticket
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(2) The summons and information portions
of the ticket must
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(a) set out a description of the offence and
the time and place of its alleged
commission;
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(b) include a statement, signed by the
wildlife officer who completes the ticket,
that the officer has reasonable grounds to
believe that the accused committed the
offence;
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(c) set out the amount of the fine prescribed
by the regulations for the offence and the
manner in which and period within which it
may be paid;
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(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
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(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.
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| Notice of
forfeiture
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(3) Where a thing is seized under this Act
and proceedings relating to it are commenced
by way of the ticketing procedure, the wildlife
officer who completes the ticket shall give
written notice to the accused that, if the
accused pays the fine prescribed by the
regulations within the period set out in the
ticket, the thing, or any proceeds of its
disposition, will be immediately forfeited to
Her Majesty.
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| Consequences
of payment
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(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,
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(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
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(b) notwithstanding section 11.3, any thing
seized from the accused under this Act that
relates to the offence, or any proceeds of its
disposition, are forfeited to
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(i) Her Majesty in right of Canada, if the
thing was seized by a wildlife officer
employed in the public service of
Canada, or
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(ii) Her Majesty in right of a province, if
the thing was seized by a wildlife officer
employed by the government of that
province.
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| Regulations
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(5) The Governor in Council may make
regulations prescribing
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(a) offences in respect of which this section
applies and the manner in which the
offences are to be described in tickets; and
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(b) the amount of the fine for a prescribed
offence, but the amount may not exceed
$1,000.
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| 1992, c. 47
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16. The schedule to the Contraventions
Act is amended by adding the following
after section 15:
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| R.S., c. W-9
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16. Section 19 and the heading before it
are repealed.
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