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| Arrest without
warrant -
park wardens
and peace
officers
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18. (1) A park warden or peace officer may,
in accordance with the Criminal Code, arrest
without warrant any person
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(a) who they believe, on reasonable
grounds, has committed or is about to
commit an offence referred to in section 20;
or
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(b) whom they find committing an offence
under this Act or committing an offence in
the park under any other Act.
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| Arrest without
warrant -
enforcement
officers
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(2) An enforcement officer may, in accor
dance with the Criminal Code, arrest without
warrant any person
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(a) who they believe, on reasonable
grounds, has committed or is about to
commit an offence referred to in section 20;
or
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(b) whom they find committing an offence
under this Act.
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| Search and
seizure
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19. (1) A park warden, peace officer or
enforcement officer may
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(a) enter and search any place and open and
examine any package or receptacle in
accordance with a warrant issued under
subsection (2) at any time during the day or,
if so specified in the warrant, during the
night; and
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(b) seize anything that they believe on
reasonable grounds is or has been possessed
or used in connection with an offence under
this Act.
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| Authority to
issue warrant
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(2) Where on ex parte application a justice
of the peace is satisfied by information on oath
that there are reasonable grounds to believe
that there is in any place, including any
building, boat or other conveyance, or in any
package or receptacle, whether in or outside
the park,
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(a) an animal, bird or fish, or any part or egg
of an animal, bird or fish, or a firearm, trap
or other device for destroying or capturing
animals, birds or fish, in respect of which
there are reasonable grounds to believe an
offence under this Act has been committed,
or
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(b) anything that there are reasonable
grounds to believe will provide evidence
with respect to an offence under this Act
involving a thing referred to in paragraph
(a),
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the justice of the peace may issue a warrant au
thorizing the peace officer, park warden or en
forcement officer named in the warrant to en
ter and search the place or to open and ex
amine the package or receptacle, subject to
any conditions specified in the warrant.
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| Where
warrant not
necessary
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(3) A park warden, peace officer or enforce
ment officer may exercise any powers under
subsection (1) without a warrant if the condi
tions for obtaining a warrant exist but by
reason of exigent circumstances it would not
be feasible to obtain one.
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| Contravention
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20. (1) Every person who contravenes this
Act or the regulations is guilty of
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(a) an offence punishable on summary
conviction and liable
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(i) in the case of a natural person, to a fine
not exceeding $10,000 or to imprison
ment for a term not exceeding six
months, or to both, and
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(ii) in the case of a corporation, to a fine
not exceeding $100,000; or
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(b) an indictable offence and liable
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(i) in the case of a natural person, to a fine
not exceeding $20,000 or to imprison
ment for a term not exceeding five years,
or to both, and
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(ii) in the case of a corporation, to a fine
not exceeding $500,000.
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| Orders of
court
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(2) Where a person is convicted of an
offence under this Act, in addition to any
punishment imposed, the court may, having
regard to the nature of the offence and the
circumstances surrounding its commission,
make an order containing any one or more of
the following prohibitions, directions or re
quirements:
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(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;
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(b) directing the person to take any action
the court considers appropriate to remedy
or avoid any harm to any park resources that
resulted or may result from the commission
of the offence;
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(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 or caused to
be taken on behalf of the Minister as a result
of the commission of the offence;
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(d) 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 mentioned in this
section; and
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(e) requiring the person to comply with any
other conditions that the court considers
appropriate.
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| Continuing
offences
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21. Where a contravention of this Act or the
regulations is committed or continued on
more than one day, it constitutes a separate
offence for each day on which it is committed
or continued.
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| Limitation or
prescription
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22. (1) Any proceedings by way of summa
ry conviction may be instituted within two
years after the time when the subject-matter of
the proceedings becomes known to the Minis
ter.
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| Minister's
certificate
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(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.
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| Ticketing
procedure
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23. (1) In addition to the procedures set out
in the Criminal Code for commencing a
proceeding, proceedings in respect of any
prescribed offence may be commenced by a
peace officer, park warden or enforcement
officer by
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(a) completing a ticket that consists of a
summons portion and an information por
tion;
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(b) delivering the summons portion of the
ticket 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 of the
ticket with a court of competent jurisdiction
before or as soon as is feasible after the
summons portion has been delivered or
mailed.
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| Content of
ticket
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(2) The summons and information portions
of a ticket shall
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(a) set out a description of the offence and
the time and place of its alleged commis
sion;
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(b) include a statement, signed by the peace
officer, park warden or enforcement officer
who completes the ticket, that they have
reasonable grounds to believe that the
accused committed the offence;
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(c) set out the amount of the prescribed fine
for the offence and the manner in which and
period within which it is to 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 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 peace
officer, park warden or enforcement officer
who completed 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 realized
from its disposition, shall immediately be
forfeited to Her Majesty.
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| Consequences
of payment
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(4) Where an accused to whom the sum
mons 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 described in the ticket and a
conviction shall be entered against the
accused and no further action shall be taken
against the accused in respect of that
offence; and
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(b) anything seized from the accused under
this Act relating to the offence described in
the ticket, or any proceeds realized from its
disposition, is forfeited to Her Majesty in
right of Canada or in right of Quebec,
depending on whether the peace officer,
park warden or enforcement officer who
completed the ticket is a member of the
public service of Canada or of Quebec.
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| Injunction
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24. (1) Whether or not there are other
proceedings with respect to offences under
this Act or the regulations, Her Majesty in
right of Canada may undertake or continue
proceedings seeking to prevent the commis
sion of such offences.
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| Civil remedies
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(2) No civil remedy for an act or omission
is suspended by reason only that the act or
omission is an offence under this Act or the
regulations.
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| 1992, c. 47
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25. The schedule to the Contraventions
Act is amended by adding the following
after section 2:
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2.1 Section 17 is amended by adding the
word ``and'' at the end of paragraph (l) and
by repealing paragraphs (n) and (o).
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2.2 Section 23 and the heading before it
are repealed.
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| Permits
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26. Permits in force on the date of the
coming into force of this Act remain in force
until their expiry dates unless the activities
authorized under the permits contravene
this Act or the regulations.
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| Coming into
force
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27. This Act comes into force on a day to
be fixed by order of the Governor in
Council.
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