Equivalent measures

81. Despite subsection 80(2), the competent minister is not required to make a recommendation for an emergency order if he or she is of the opinion that equivalent measures have been taken under another Act of Parliament to protect the wildlife species.

Recommendat ion to repeal

82. If the competent minister is of the opinion that the species to which the emergency order relates would no longer face imminent threats to its survival or recovery even if the order were repealed, he or she must make a recommendation to the Governor in Council that the emergency order be repealed.

Exceptions

General exceptions

83. (1) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1), regulations made under section 53, 59 or 71 and emergency orders do not apply to a person who is engaging in

    (a) activities related to public safety, health or national security, that are authorized by or under any other Act of Parliament or activities under the Health of Animals Act and the Plant Protection Act for the health of animals and plants; or

    (b) activities authorized under section 74, 75 or 78 by an agreement, permit, licence, order or similar document.

Authoriza-
tion of activities under other Acts

(2) A power under an Act described in paragraph (1)(a) may be used to authorize an activity prohibited by subsection 32(1) or (2), section 33, subsection 36(1), 58(1), 60(1) or 61(1), a regulation made under section 53, 59 or 71 or an emergency order only if the person exercising the power

    (a) determines that the activity is necessary for the protection of public safety, health, including animal and plant health, or national security; and

    (b) respects the purposes of this Act to the greatest extent possible.

Exceptions - land claims agreements

(3) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1) and regulations made under section 53, 59 or 71 do not apply to a person who is engaging in activities in accordance with conservation measures for wildlife species under a land claims agreement.

Exemptions for permitted activities

(4) Subsections 32(1) and (2), section 33 and subsections 36(1), 58(1), 60(1) and 61(1) do not apply to a person who is engaging in activities that are permitted by a recovery strategy, an action plan or a management plan and who is also authorized under an Act of Parliament to engage in that activity, including a regulation made under section 53, 59 or 71.

Additional possession exceptions

(5) Subsection 32(2) and paragraph 36(1)(b) do not apply to a person who possesses an individual of a listed extirpated, endangered or threatened species, or any part or derivative of such an individual, if

    (a) it was in the person's possession when the species was listed;

    (b) it is used for ceremonial purposes, or it is part of ceremonial dress used for ceremonial or cultural purposes by an aboriginal person;

    (c) the person acquired it legally in another country and imported it legally into Canada;

    (d) the person acquired it by succession from someone who was entitled to possess it under this Act;

    (e) the person acquired it under circumstances that would afford them a defence under section 100 and the person possesses it only for as long as is necessary to donate it to a museum, a zoo, an educational institution, a scientific society or a government;

    (f) the person is, or is acting on behalf of, a museum, zoo, educational institution, scientific society or government and the person acquired it from someone who was entitled to possess it under this Act; or

    (g) it or the person is otherwise exempt by the regulations.

Regulations

84. The Governor in Council may, on the recommendation of the Minister after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph 83(5)(g).

ENFORCEMENT MEASURES

Enforcement Officers

Enforcement officers

85. (1) A competent minister may designate any person or person of a class of persons to act as enforcement officers for the purposes of this Act.

Designation of provincial or territorial government employees

(2) The competent minister may not designate any person or person of a class of persons employed by the government of a province or a territory unless that government agrees.

Certificate of designation

(3) An enforcement officer must be provided with a certificate of designation as an enforcement officer in a form approved by the competent minister and, on entering any place under this Act, the officer must, if so requested, show the certificate to the occupant or person in charge of the place.

Powers

(4) For the purposes of this Act, enforcement officers have all the powers of a peace officer, but the competent minister may specify limits on those powers when designating any person or person of a class of persons to act as enforcement officers.

Exemptions for law enforcement activities

(5) For the purpose of investigations and other law enforcement activities under this Act, a competent minister may, on any terms and conditions that he or she considers necessary, exempt from the application of any provision of this Act, the regulations or an emergency order enforcement officers whom the competent minister has designated and who are carrying out duties or functions under this Act and persons acting under the direction and control of such enforcement officers.

Inspections

Inspections

86. (1) For the purpose of ensuring compliance with any provision of this Act, the regulations or an emergency order, an enforcement officer may, subject to subsection (3), at any reasonable time enter and inspect any place in which the enforcement officer believes, on reasonable grounds, there is any thing to which the provision applies or any document relating to its administration, and the enforcement officer may

    (a) open or cause to be opened any container that the enforcement officer believes, on reasonable grounds, contains that thing or document;

    (b) inspect the thing and take samples free of charge;

    (c) require any person to produce the document for inspection or copying, in whole or in part; and

    (d) seize any thing by means of or in relation to which the enforcement officer believes, on reasonable grounds, the provision has been contravened or that the enforcement officer believes, on reasonable grounds, will provide evidence of a contravention.

Conveyance

(2) For the purposes of carrying out the inspection, the enforcement officer may stop a conveyance or direct that it be moved to a place where the inspection can be carried out.

Dwelling-plac e

(3) The enforcement officer may not enter a dwelling-place except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant.

Authority to issue warrant for inspection of dwelling-plac e

(4) On an ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant, subject to any conditions specified in it, authorizing an enforcement officer to enter a dwelling-place, if the justice is satisfied by information on oath that

    (a) the conditions for entry described in subsection (1) exist in relation to the dwelling-place;

    (b) entry to the dwelling-place is necessary for the purposes of the administration of this Act, the regulations or an emergency order; and

    (c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused.

Authority to issue warrant for inspection of non-dwellings

(5) On an ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant, subject to any conditions specified in it, authorizing an enforcement officer to enter a place other than a dwelling-place, if the justice is satisfied by information on oath that

    (a) the conditions for entry described in subsection (1) exist in relation to that place;

    (b) entry to that place is necessary for the purposes of the administration of this Act, the regulations or an emergency order;

    (c) entry to that place has been refused, the enforcement officer is not able to enter without the use of force or the place was abandoned; and

    (d) subject to subsection (6), all reasonable attempts were made to notify the owner, operator or person in charge of the place.

Waiving notice

(6) The justice may waive the requirement to give notice referred to in subsection (5) if the justice is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge is absent from the jurisdiction of the justice or that it is not in the public interest to give the notice.

Use of force

(7) In executing a warrant issued under subsection (4) or (5), an enforcement officer may not use force unless the use of force has been specifically authorized in the warrant.

Operation of computer system and copying equipment

(8) In carrying out an inspection of a place under this section, an enforcement officer may

    (a) use or cause to be used any computer system at the place to examine any data contained in or available to the computer system;

    (b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output;

    (c) take a printout or other output for examination or copying; and

    (d) use or cause to be used any copying equipment at the place to make copies of the record.

Duty of person in possession or control

(9) Every person who is in possession or control of a place being inspected under this section must permit the enforcement officer to do anything referred to in subsection (8).

Disposition of Things Seized

Custody of things seized

87. (1) Subject to subsections (2) to (4), if an enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code,

    (a) sections 489.1 and 490 of the Criminal Code apply; and

    (b) the enforcement officer, or any person that the officer may designate, must retain custody of the thing subject to any order made under section 490 of the Criminal Code.

Forfeiture if ownership not ascertainable

(2) If the lawful ownership of or entitlement to the seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada, if the thing was seized by an enforcement officer employed in the public service of Canada or by the government of a territory, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by the government of that province.

Perishable things

(3) If the seized thing is perishable, the enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after its seizure, in which case the proceeds must be retained by the enforcement officer pending the outcome of the proceedings.

Release of individual

(4) An enforcement officer who seizes an individual of a species at risk may, at the time of the seizure, return the individual to the wild if the enforcement officer believes the individual to be alive.

Abandonment

(5) The owner of the seized thing may abandon it to Her Majesty in right of Canada or a province.

Disposition by competent minister

88. Any thing that has been forfeited or abandoned under this Act is to be dealt with and disposed of as the competent minister may direct.

Liability for costs

89. The lawful owner and any person lawfully entitled to possession of any thing seized, forfeited or abandoned under this Act are jointly and severally, or solidarily, 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.

Assistance to Enforcement Officers

Right of passage

90. An enforcement officer may, while carrying out powers, duties or functions under this Act, enter on and pass through or over private property without being liable for trespass or without the owner of the property having the right to object to that use of the property.

Assistance

91. The owner or the person in charge of a place entered by an enforcement officer under section 86, and every person found in the place, must

    (a) give the enforcement officer all reasonable assistance to enable the enforcement officer to carry out duties and functions under this Act; and

    (b) provide the enforcement officer with any information in relation to the administration of this Act, the regulations or an emergency order that the enforcement officer may reasonably require.

Obstruction

92. While an enforcement officer is exercising powers or carrying out duties or functions under this Act, no person shall

    (a) knowingly make any false or misleading statement, either orally or in writing, to the enforcement officer; or

    (b) otherwise obstruct or hinder the enforcement officer.