1st Session, 36th Parliament,
46 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-305

An Act to amend the Criminal Code (selling wildlife)

R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 7, 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Paragraph 354(1)(b) of the Criminal Code is replaced by the following:

    (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence punishable by indictment, other than an offence under section 447.2.

2. The Act is amended by adding the following after section 447:

PART XI.1

FORBIDDEN ACTS IN RESPECT OF WILDLIFE

Definitions

447.1 In this Part,

``sell''
« vendre »

``sell'' includes to offer for sale, to barter or to offer to barter, or to exchange or offer to exchange;

``threate-
ned or endangered species''
« espèce menacée de disparition ou en voie de disparition »

``threatened or endangered species'' means a species of wildlife that is designated as a threatened or an endangered species pursuant to section 447.7 and includes any wildlife of that species;

``wildlife''
« animal sauvage »

``wildlife'' means an animal that is designated as wildlife pursuant to section 447.6 and includes any egg, sperm, tissue culture or embryo of any such wildlife.

Selling wildlife, etc. prohibited

447.2 (1) Notwithstanding any Act of Parliament, but subject to this Part, no person shall

    (a) sell wildlife or any part thereof;

    (b) kill or capture wildlife for the purpose of selling that wildlife or any part thereof; or

    (c) possess wildlife or any part thereof for the purpose of selling that wildlife or part thereof.

Punishment

(2) Notwithstanding any Act of Parliament, but subject to this Part, every person who contravenes subsection (1) is guilty of an indictable offence and liable to imprisonment

    (a) in the case of a first offence, except as provided in paragraph (c), for a term not exceeding two years;

    (b) in the case of a second or subsequent offence, except as provided in paragraph (d), for a term not exceeding three years;

    (c) in the case of a first offence committed in respect of a threatened or an endangered species, for a term not exceeding four years; and

    (d) in the case of a second or subsequent offence committed in respect of a threatened or an endangered species, for a term not exceeding eight years.

Aboriginal and treaty rights

(3) For greater certainty, nothing in this section shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

Exception

447.3 Section 447.2 does not apply to any person

    (a) who is authorized pursuant to a permit or licence issued under an Act of Parliament or a regulation made thereunder, or under a provincial Act or regulation, to engage in any act described in section 447.2 in respect of wildlife other than a threatened or endangered species, and the person does so in accordance with the terms and conditions set out in that licence or permit; or

    (b) who is exempted pursuant to an order made under section 447.8 from the application of any provision in section 447.2 in respect of a threatened or an endangered species, and who complies with the terms and conditions set out in that order.

Search and seizure

447.4 (1) Whenever a peace officer or game officer believes on reasonable grounds that an offence is being committed or has been committed against subsection 447.2 and that evidence of the offence is likely to be found on a person, in a vehicle or in any place or premises other than a dwelling-house, the peace officer may, where the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant, search, without warrant, the person, vehicle, place or premises, and may seize anything by means of or in relation to which that officer believes on reasonable grounds the offence is being committed or has been committed.

Disposition

(2) Anything seized pursuant to subsection (1) shall be dealt with in accordance with sections 490 and 491.

Definitions

(3) In this section,

``dwelling-
house''
« maison d'habita-
tion »

``dwelling-house'' does not include a unit that is designed to be mobile other than such a unit that is being used as a permanent residence;

``game officer''
« préposé à la surveillance du gibier »

``game officer'' means a person designated or declared to be a game officer under section 447.5.

Game officers

447.5 (1) Notwithstanding anything in this Act, officers and classes of officers appointed under the Public Service Employment Act may be designated by the Governor in Council as game officers for the purposes of enforcing section 447.2, and any officer so designated may exercise the powers of a peace officer in the enforcement of that section.

Game officers

(2) Notwithstanding anything in this Act, the Governor in Council may declare that the game and fishery officers of any province are game officers for the purposes of enforcing section 447.2, and any officers so declared may exercise the powers of a peace officer in the enforcement of that section.

Designation of species as wildlife

447.6 (1) The Minister of the Environment may, by regulation, designate any animal that is wild by nature to be wildlife for the purposes of this Part.

Interpreta-
tion

(2) For greater certainty, an animal is, for the purposes of subsection (1), wild by nature where that animal does not normally depend on man to directly provide its food, shelter or water.

Designation of species as an endangered species

447.7 (1) Where, after consulting with the Committee on the Status of Endangered Wildlife in Canada, the Minister of the Environment is satisfied that a species of wildlife is threatened with imminent extinction throughout Canada or in a part of Canada, the Minister may, by regulation, designate the species to be an endangered species for the purposes of this Part.

Designation of species as a threatened species

(2) Where, after consulting with the Committee on the Status of Endangered Wildlife in Canada, the Minister of the Environment is satisfied that a species of wildlife is likely to become an endangered species throughout Canada or in a part of Canada, the Minister may, by regulation, designate the species to be a threatened species for the purposes of this Part.

Definition

(3) In this section, ``Committee on the Status of Endangered Wildlife in Canada'' means the Committee on the Status of Endangered Wildlife in Canada established pursuant to a recommendation of the fortieth Federal-Provincial Wildlife Conference held in June, 1976.

Exemption by Minister

447.8 The Minister of the Environment may, on such terms and conditions as the Minister deems necessary, exempt, by order, any person or class of persons from the application of all or any of the provisions of section 447.2 in respect of a threatened or an endangered species if, in the opinion of the Minister, the exemption is necessary or in the public interest.

3. (1) The definition ``enterprise crime offence'' in section 462.3 is amended by adding the following after subparagraph (a)(xix):

      (xix.1) section 447.2 (selling wildlife),

(2) The definition ``enterprise crime offence'' in section 462.3 is amended by replacing subparagraph (b)(ii) with the following:

      (ii) an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence referred to in paragraph (a), other than the offence set out in subparagraph (a)(xix.1) of the definition ``enterprise crime offence'', or a designated substance offence,

4. The definition ``proceeds of crime'' in section 462.3 is amended by replacing paragraph (b) with the following:

    (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an enterprise crime offence, other than the offence set out in subparagraph (a)(xix.1) of the definition ``enterprise crime offence'', or a designated substance offence.

5. Paragraph 462.31(1)(b) of the Act is replaced by the following:

    (b) an act or omission anywhere that, if it had occurred in Canada, would have constituted an enterprise crime offence, other than the offence set out in subparagraph (a)(xix.1) of the definition ``enterprise crime offence'', or a designated substance offence.