Offence	(4) Any person who alters, erases, conceals or forges a mark that is or purports to be a mark under this section is guilty of an offence.
Application of fees and forfeited security	10.7 Fees established pursuant to the regulations and any amount of any security that is forfeited to the Crown pursuant to subsection 10.1(3) or 10.2(3) must be applied firstly to the cost of any care needed by the animal or plant to which it relates and secondly to the administration of this Act.
No Crown liability	10.8 No person has any cause of action against Her Majesty arising out of the revocation or suspension of a permit, the forfeit of a security or the taking of an animal or plant pursuant to this Act.
Management Authority	10.9 (1) The Minister shall, by regulation, establish an authority to be known as the Management Authority to advise the Minister on matters relating to the administration of the import and export of species and to carry out the duties assigned to it by this Act and the regulations. The Management Authority is responsible to the Minister.
Delegation of powers	(2) The Minister shall delegate to the Management Authority the Minister's powers under this Act respecting the issue of permits, the administration of their proper use and the enforcement of their conditions under this Act.
Initial staff	(3) The initial officials and staff of the Management Authority shall be the officials and staff under the authority of the Minister who have been carrying out functions similar to those assigned to the Management Authority prior to the coming into force of this section.
Scientific Authority	10.91 (1) The Minister shall, by regulation, establish an authority to be known as the Scientific Authority to advise the Minister on matters relating to the scientific aspects of the import and export of species and to carry out the duties assigned to it by this Act and the regulations. The Scientific Authority is responsible to the Minister.
Delegation of powers	(2) The Minister shall delegate to the Scientific Authority the Minister's powers under this Act respecting the scientific assessment or determination of any matter under this Act or the proper operation of any procedure or facility under this Act.
Initial staff	(3) The initial officials and staff of the Scientific Authority shall be the officials and staff under the authority of the Minister who have been carrying out functions similar to those assigned to the Scientific Authority prior to the coming into force of this section.
	4. Subsection 21(1) of the Act is amended by adding the following after paragraph (h):
	(h.1) establishing the Management Authority and the Scientific Authority;
	(h.2) providing for the licensing of facilities for the captive breeding or artificial propagation of species listed by CITES as endangered;
	5. (1) Paragraph 22(1)(b) of the Act is replaced by the following:
	(b) is guilty of an indictable offence and is liable
	(i) in the case of a person that is a corporation, to a fine not exceeding one million dollars for a first offence and three million dollars for a second or subsequent offence , and
	(ii) in the case of a person other than a person referred to in subparagraph (i), to a fine not exceeding five hundred thousand dollars for a first offence and one million five hundred thousand dollars for a second or subsequent offence , or to imprisonment for a term not exceeding five years, or to both.
	(2) Subsection 22(2) of the Act is repealed.
Bill C-5	6. If Bill C-5, introduced in the 1st Session of the 37th Parliament and entitled Species at Risk Act, receives royal assent, then the following is added after section 10.3 of this Act:
Limitations on export	10.31 (1) Notwithstanding section 10 or the regulations, the Minister shall not grant a permit to export from Canada any animal or plant that is listed in Schedule 1 of the Species at Risk Act without first determining by the best evidence that is reasonably available to the Minister that
	(a) the importing country allows the import of the animal or plant;
	(b) any permit that the applicant must obtain from the importing country to import the animal or plant has been properly obtained and is valid;
	(c) the appropriate government authority in the importing country is satisfied that the import of the animal or plant into that country from Canada does not contravene any law of that country;
	(d) the capture or collection of the animal or plant in Canada has not had or will not have a harmful effect on its conservation in Canada, and its export will contribute to the conservation of the animal or plant in the importing country;
	(e) the person exporting the animal or plant will, in the case of an animal, arrange at all stages, within and outside Canada, humane and proper transportation that meets the guidelines issued under the Convention and by the International Air Transport Association, and provide adequate security, space, food, water and veterinary care, or will, in the case of a plant, provide proper care; and
	(f) the person to whom an animal will be transported outside Canada has proper facilities for the animal and will provide humane and proper habitat, food, water and veterinary care, or the person to whom a plant will be transported outside Canada has proper facilities for its care and cultivation.
Enforcement of conditions	(2) A permit to export an animal or plant must be issued by the Minister on the condition that the obligations set out in paragraphs (1)(a) to (d) with respect to the person exporting and the person receiving the animal or plant will be met, failing which the Minister may do all or any of the following:
	(a) revoke or suspend the permit;
	(b) require the permit holder to correct any contravention of the terms and conditions of the permit;
	(c) take temporary or permanent possession or ownership of the animal or plant; or
	(d) cause any amount of a security established pursuant to the regulations in respect of the permit to be forfeited to the Crown.
Record of trades and shipments	(3) The Minister shall not issue a permit under this section unless the Minister is satisfied that the applicant maintains a full record of every purchase, sale, export and import made by him or her after December 31, 2002, inside or outside Canada, that relates to a species listed in Schedule 1.

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