OFFENCES AND PUNISHMENT

Contraven-
tion of section 13

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.

Contraven-
tion of subsection 32(1)

(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.

Contraven-
tion of regulations

(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.

Trafficking in wildlife, etc.

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.

Offence

(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.

Definition of ``traffic''

(3) In this section and section 26, ``traffic'' means to sell, offer for sale, expose for sale, buy, offer to buy, solicit, barter, exchange, give, send, transport or deliver.

Poaching and trafficking

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.

Offence

(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.

Poaching and trafficking

(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.

Offence

(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.

Definitions

(5) The definitions in this subsection apply in this section.

``hunt''
« chasser »

``hunt'' means to kill, injure, seize, capture or trap, or to attempt to do so, and includes to pursue, stalk, track, search for, lie in wait for or shoot at for any of those purposes.

``possess''
« possession »

``possess'', in relation to any person, includes knowingly having any thing in any place, whether or not that place belongs to or is occupied by the person, for his or her own use or benefit or for that of another person.

``wildlife''
« animal sauvage »

``wildlife'', in relation to any species named in Schedule 3, includes any part of an individual of the species, and their eggs and embryos.

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 mammal, amphibian, reptile, bird, fish or invertebrate or by deleting the name of any species.

Fines cumulative

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.

Continuing offences

(2) If 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.

Subsequent offence

(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.

Forfeiture

28. (1) When a person is convicted of an offence, the 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 in right of Canada.

Return where no forfeiture ordered

(2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition shall be returned or paid to its lawful owner or the person lawfully entitled to it.

Retention or sale

(3) 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.

Disposition by Minister

29. Any seized thing that has been forfeited under this Act to Her Majesty in right of Canada or abandoned by its owner may be dealt with and disposed of as the Minister may direct.

Orders of court

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.

Suspended sentence

(2) Where a person is convicted of an offence under this Act and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order referred to in subsection (1).

Imposition of sentence

(3) If a person does not comply with an order made under subsection (2) or is convicted of another offence, the court may, within three years after the order was made, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended.

Limitation or prescription

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.

Minister's certificate

(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.

MITIGATION OF ENVIRONMENTAL DAMAGE

Pollution clean-up

32. (1) Where a substance that is capable of degrading the natural environment, injuring fauna, flora or cultural resources or endangering human health is discharged or deposited in a park, any person who has charge, management or control of the substance shall take reasonable measures to prevent any degradation of the natural environment and any danger to the fauna, flora or cultural resources or to persons that may result from the discharge or deposit.

Powers of superinten-
dent and Minister

(2) If the superintendent of a park is of the opinion that a person is not taking the measures required by subsection (1), the superintendent may direct the person to take those measures and, if the person fails to do so, the Minister may direct those measures to be taken on behalf of Her Majesty in right of Canada.

Expenses of clean-up

(3) A person who fails to comply with a direction given by a superintendent under subsection (2) is liable for the expenses reasonably incurred by Her Majesty in right of Canada in taking the measures directed, and those expenses may be recovered from that person, with costs, in proceedings brought in the name of Her Majesty in any court of competent jurisdiction.

PARK COMMUNITIES

Preparation of community plan

33. (1) A community plan for each park community shall be tabled in each House of Parliament as soon as possible after this section comes into force, accompanied in the case of the town of Banff by any zoning by-laws made under the agreement referred to in section 35.

Contents of community plan

(2) A community plan for a park community must

    (a) be consistent with the management plan for the park in which the park community is located;

    (b) accord with any guidelines established by the Minister for appropriate activities within the park community;

    (c) provide a strategy for the management of growth within the park community; and

    (d) be consistent with principles of

      (i) no net negative environmental impact, and

      (ii) responsible environmental stewardship and heritage conservation.

Elements to be included

(3) A community plan, or the zoning by-laws referred to in subsection (1) and tabled with it, must include

    (a) a description of the lands comprising the park community;

    (b) a description of the lands comprising the commercial zones of the park community; and

    (c) a measure of the maximum floor area permitted within the commercial zones of the park community.

Amendment of Schedule 4

(4) Subject to section 34, the Governor in Council may, by order, add the description of a park community, the description of its commercial zones and a measure of their maximum floor area referred to in subsection (3) to columns 2, 3 and 4, respectively, of Schedule 4, opposite the name of the community set out in column 1 of that Schedule, but any description or measure so added is not subject to amendment by the Governor in Council.

Leases, licences, etc.

(5) No lease or licence of occupation may be granted, and no permit, licence or other authorization may be issued, authorizing a commercial use of lands within a commercial zone of a park community if the maximum floor area for commercial zones specified for that park community in Schedule 4 would be exceeded as a result of that use.

Additions to be tabled and referred

34. (1) Before additions are made to Schedule 4 under subsection 33(4), the proposed additions shall be tabled in each House of Parliament, and on tabling they stand referred to the standing committee of each House that normally considers matters relating to parks or to any other committee that that House may designate for the purposes of this section.

Disapproval by committee

(2) The committee of each House may, within 30 sitting days after the proposed additions to Schedule 4 are tabled, report to the House that it disapproves the additions, in which case a motion to concur in the report shall be put to the House in accordance with its procedures.

Disposition of motion for concurrence

(3) The motion shall be debated for not more than three hours and disposed of in accordance with the procedures of the House.

Additions allowed

(4) Proposed additions to Schedule 4 may be made if 31 sitting days have elapsed after the tabling of the additions in both Houses and no motion referred to in subsection (2) has been proposed in either House.

Additions not allowed

(5) Proposed additions to Schedule 4 may not be made if either House passes a motion referred to in subsection (2).