Bill C-446

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	1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
	House of Commons of Canada
	BILL C-446
	An Act to amend the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act
1992, c. 52	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. Section 2 of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act* is amended by adding the following in alphabetical order:**
``artificial propagation'' « reproductio n artificielle »	``artificial propagation'' means growing plant specimens from seed, cutting, callous tissue, spores or other propagules under controlled conditions from stock established and augmented from time to time from the wild as necessary to minimize problems with inbreeding, without detriment to the survival of the species in the wild, by a means that permits indefinite propagation of the species, and ``artificially propagated'' has a corresponding meaning;
``captive breeding'' « élevage en captivité »	``captive breeding'' means a process
	(a) that results in birth or other production of eggs, seeds or offspring of a species,
	(b) that is carried out in a controlled environment from parents that mated or transmitted gametes in the controlled environment,
	(c) that uses stock established and augmented from time to time from the wild as necessary to minimize problems with inbreeding, without detriment to the survival of the species in the wild, and
	(d) that has demonstrated its capability of reliably producing second-generation offspring,
	and ``bred in captivity'' has a corresponding meaning;
``CITES'' « CITES »	``CITES'' means the international body of that name that administers the Convention;
``country of origin'' « pays d'origine »	``country of origin'' means the country from which an animal or plant was originally moved for the purposes of export and does not include a country to which it has been moved temporarily and held for the purpose of re-exportation;
``Management Authority'' « autorité de gestion »	``Management Authority'' means the authority established pursuant to section 10.9;
``personal effects'' « objets personnels »	``personal effects'' has the meaning given to that term by the regulations;
``Scientific Authority'' « autorité scientifique »	``Scientific Authority'' means the authority established pursuant to section 10.91;
``zoo'' « zoo »	``zoo'' means a publicly or privately owned collection of wild or domesticated animals that is kept in a permanent location and that is open to the public on a full-time or occasional basis, with or without the payment of a fee, and includes collections known as zoos, safari parks, wildlife parks, bird gardens, marine parks, aquaria, reptile houses and insectariums.
	2. The Act is amended by adding the following after section 4:
	APPLICATION
Personal effects	4.1. For greater certainty, this Act applies to the import and export of animals and plants that are a part of the personal effects of a person entering or leaving Canada, whether or not they accompany the person.
	3. The Act is amended by adding the following after section 10:
Limitations on import	10.1 (1) Notwithstanding section 10 or the regulations, no person shall import into Canada any animal or plant that is listed in the appendices to the Convention except pursuant to a permit issued by the Minister after the Minister is satisfied that the import is to be
	(a) for the purpose of transferring the animal or plant from one zoo to another;
	(b) for scientific research by an institution that has the protection of animals and plants as its primary objective and that will use the import toward that objective; or
	(c) for the purpose of raising the population of the animal or plant in a licensed captive breeding or artificial propagation operation.
Matters to be determined by Minister	(2) Notwithstanding section 10 or the regulations, where a person applies for a permit to import any animal or plant, the Minister shall not grant the permit without first determining by the best evidence that is reasonably available to the Minister that
	(a) the country of origin allows the export of the animal or plant;
	(b) any permit that the applicant must obtain from the country of origin to export the plant or animal has been properly obtained and is valid;
	(c) the appropriate government authority in the country of origin is satisfied that the capture or collection of the animal or plant in that country and its export to Canada does not contravene any law of that country;
	(d) the capture or collection of the animal or plant in its country of origin has not had or will not have a harmful effect on its conservation in its country of origin, and its import will contribute to or will not impede the conservation of the animal or plant in Canada;
	(e) the person importing 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;
	(f) the person to whom an animal will be transported in 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 in Canada has proper facilities for its care and cultivation; and
	(g) neither the applicant nor the person from whom or to whom an animal or plant is to be transported under the permit, directly or indirectly, has in the previous seven years been convicted of an offence under this Act or under a similar law of another country.
Enforcement of conditions	(3) A permit to import an animal or plant must be issued by the Minister on the condition that the obligations set out in paragraphs (1)(a) to (g) with respect to the person importing 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 any security established pursuant to the regulations in respect of the permit to be forfeited to the Crown.
Record of trades and shipments	(4) 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 the appendices to the Convention.
Limitations on export	10.2 (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 the appendices to the Convention 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 plant or animal 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;
	(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; and
	(g) neither the applicant nor the person from whom or to whom an animal or plant is to be transported under the permit, directly or indirectly, has in the previous seven years been convicted of an offence under this Act or under a similar law of another country.
Matters to be determined by Minister	(2) Notwithstanding section 10 or the regulations, where a person applies for a permit to export from Canada any animal or plant, the Minister shall not grant the permit 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 country of origin to import the plant or animal 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	(3) 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	(4) 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 the appendices to the Convention.
Application of permits	10.3 (1) A permit issued pursuant to this Act shall apply to a single animal or plant or a consignment of animals or plants being transported together and by the same route.
Route specified	(2) Every permit issued pursuant to this Act shall specify the place at which the shipment shall leave or enter Canada, which must be a place where facilities and staff are available and qualified to assess the permit, to examine and determine the condition of the animals or plants and, where necessary, with the authority of the Minister, to take any action listed in paragraphs 10.1(3)(a), (b), (c) or (d) or 10.2(3)(a), (b), (c) or (d).
Notice of arrival times	(3) Every permit under this Act shall require the permit holder to give at least eighteen hours' advance notice of the arrival of any live animal at the port of entry or exit to the customs officer or other person specified in the permit.
Valid one year	(4) A permit may be valid for a period not exceeding one year from its issue.
Security for performance of conditions	(5) The Minister shall not issue a permit unless the applicant gives the Minister security in the prescribed form and amount to ensure the carrying out of the terms and conditions of the permit.
Forgery or alteration	(6) Every permit issued pursuant to this Act shall be printed on a type of paper that reduces the risk of forgery or alteration.
Documents returned to Management Authority	10.4 Every official of the Government of Canada must send to the Management Authority every document issued pursuant to this Act or pursuant to a law of another state that is received by the official from a person in respect of the import or export of a specimen under an import or export permit issued under this Act.
Record of permits	10.5 (1) The Management Authority shall maintain a record that is to be made available for inspection by the public during normal business hours and that shows
	(a) the name and address of every person to whom an import or export permit has been issued under this Act;
	(b) the date on which each permit was issued;
	(c) the species and number of specimens covered by the permit, the number of specimens actually imported or exported under the permit, and, where appropriate, the age, size and sex of each specimen;
	(d) the country from which the specimen was permitted to be imported or to which the specimen was permitted to be exported; and
	(e) the total number of specimens of each species whose import or export has been approved by a permit under this Act.
Annual report by Management Authority	(2) The Management Authority shall, in respect of every year, prepare a report comprising the information referred to in subsection (1) and submit it to the Minister no later than April 1 of the following year.
Report laid before Parliament	(3) The Minister shall cause a copy of every report received pursuant to subsection (2) to be laid before each House of Parliament on any of the first five days on which the House sits after the Minister receives the report.
Copy of report to CITES	(4) The Minister shall cause a copy of every report received pursuant to subsection (2) to be transmitted forthwith to CITES, whether or not it has yet been laid before Parliament.
Marking of pre-Conventio n specimens	10.6 (1) The Minister shall, by regulation, require any person owning or having control of any specimen to which subsection (2) applies to mark the specimen in accordance with the procedure prescribed by the Minister pursuant to that subsection and to include the mark on documents that accompany the specimen when it enters or leaves Canada.
Procedure for marking	(2) The Minister, on the recommendation of the Management Authority, shall prescribe by regulation a procedure for the marking of all specimens to which this Act applies that were
	(a) imported into Canada,
	(b) bred in captivity or artificially propagated,
	(c) bred on a ranch,
	(d) legally imported or taken from the wild at the time they were by law subject to export quotas in the place from which they were imported or taken, or
	(e) brought into Canada for travelling live animal exhibitions,
	prior to the date upon which the Convention was ratified in Canada, in order to identify them as such, in accordance with the rules established by CITES for that purpose.
Marking for import or export	(3) A specimen that is not marked in accordance with this section and for which the documents required by this Act or the regulations do not show the mark may not enter or leave Canada.

Bill C-446

BILL C-446

APPLICATION