Bill C-7

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	ARREST, SEARCH AND SEIZURE
Arrest without warrant - park wardens and peace officers	18. (1) A park warden or peace officer may, in accordance with the Criminal Code, arrest without warrant any person
	(a) who they believe, on reasonable grounds, has committed or is about to commit an offence referred to in section 20; or
	(b) whom they find committing an offence under this Act or committing an offence in the park under any other Act.
Arrest without warrant - enforcement officers	(2) An enforcement officer may, in accordance with the Criminal Code, arrest without warrant any person
	(a) who they believe, on reasonable grounds, has committed or is about to commit an offence referred to in section 20; or
	(b) whom they find committing an offence under this Act.
Search and seizure	19. (1) A park warden, peace officer or enforcement officer may
	(a) enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and
	(b) seize anything that they believe on reasonable grounds is or has been possessed or used in connection with an offence under this Act.
Authority to issue warrant	(2) Where on ex parte application a justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in any place, including any building, boat or other conveyance, or in any package or receptacle, whether in or outside the park,
	(a) an animal, bird or fish, or any part or egg of an animal, bird or fish, or a firearm, trap or other device for destroying or capturing animals, birds or fish, in respect of which there are reasonable grounds to believe an offence under this Act has been committed, or
	(b) anything that there are reasonable grounds to believe will provide evidence with respect to an offence under this Act involving a thing referred to in paragraph (a),
	the justice of the peace may issue a warrant authorizing the peace officer, park warden or enforcement officer named in the warrant to enter and search the place or to open and examine the package or receptacle, subject to any conditions specified in the warrant.
Where warrant not necessary	(3) A park warden, peace officer or enforcement officer may exercise any powers under subsection (1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be feasible to obtain one.
	OFFENCES AND PUNISHMENT
Contravention	20. (1) Every person who contravenes this Act or the regulations is guilty of
	(a) an offence punishable on summary conviction and liable
	(i) in the case of a natural person, to a fine not exceeding $10,000 or to imprison ment for a term not exceeding six months, or to both, and
	(ii) in the case of a corporation, to a fine not exceeding $100,000; or
	(b) an indictable offence and liable
	(i) in the case of a natural person, to a fine not exceeding $20,000 or to imprison ment for a term not exceeding five years, or to both, and
	(ii) in the case of a corporation, to a fine not exceeding $500,000.
Orders of court	(2) Where a person is convicted of an offence under this Act, in addition to any punishment imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order containing any one or more of the following prohibitions, directions or requirements:
	(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 the court considers appropriate to remedy or avoid any harm to any park resources 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 or caused to be taken on behalf of 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 the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section; and
	(e) requiring the person to comply with any other conditions that the court considers appropriate.
Continuing offences	21. Where 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.
Limitation or prescription	22. (1) Any proceedings by way of summary conviction may be instituted within two years after the time when 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.
	TICKETABLE OFFENCES
Ticketing procedure	23. (1) In addition to the procedures set out in the Criminal Code for commencing a proceeding, proceedings in respect of any prescribed offence may be commenced by a peace officer, park warden or enforcement officer by
	(a) completing a ticket that consists of a summons portion and an information por tion;
	(b) delivering the summons portion of the ticket to the accused or mailing it to the accused at the accused's latest known address; and
	(c) filing the information portion of the ticket with a court of competent jurisdiction before or as soon as is feasible after the summons portion has been delivered or mailed.
Content of ticket	(2) The summons and information portions of a ticket shall
	(a) set out a description of the offence and the time and place of its alleged commis sion;
	(b) include a statement, signed by the peace officer, park warden or enforcement officer who completes the ticket, that they have reasonable grounds to believe that the accused committed the offence;
	(c) set out the amount of the prescribed fine for the offence and the manner in which and period within which it is to be paid;
	(d) include a statement that if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; and
	(e) include a statement that if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court at the time set out in the ticket.
Notice of forfeiture	(3) Where a thing is seized under this Act and proceedings relating to it are commenced by way of the ticketing procedure, the peace officer, park warden or enforcement officer who completed the ticket shall give written notice to the accused that if the accused pays the prescribed fine within the period set out in the ticket, the thing, or any proceeds realized from its disposition, shall immediately be forfeited to Her Majesty.
Consequences of payment	(4) Where an accused to whom the summons portion of a ticket is delivered or mailed pays the prescribed fine within the period set out in the ticket,
	(a) the payment constitutes a plea of guilty to the offence described in the ticket and a conviction shall be entered against the accused and no further action shall be taken against the accused in respect of that offence; and
	(b) anything seized from the accused under this Act relating to the offence described in the ticket, or any proceeds realized from its disposition, is forfeited to Her Majesty in right of Canada or in right of Quebec, depending on whether the peace officer, park warden or enforcement officer who completed the ticket is a member of the public service of Canada or of Quebec.
	OTHER REMEDIES
Injunction	24. (1) Whether or not there are other proceedings with respect to offences under this Act or the regulations, Her Majesty in right of Canada may undertake or continue proceedings seeking to prevent the commission of such offences.
Civil remedies	(2) No civil remedy for an act or omission is suspended by reason only that the act or omission is an offence under this Act or the regulations.
	CONSEQUENTIAL AMENDMENT
1992, c. 47	Contraventions Act
	*25. The schedule to the Contraventions Act* is amended by adding the following after section 2:**
	Saguenay-St. Lawrence Marine Park Act
	2.1 Section 17 is amended by adding the word ``and'' at the end of paragraph (l) and by repealing paragraphs (n) and (o).
	2.2 Section 23 and the heading before it are repealed.
	TRANSITIONAL PROVISION
Permits	26. Permits in force on the date of the coming into force of this Act remain in force until their expiry dates unless the activities authorized under the permits contravene this Act or the regulations.
	COMING INTO FORCE
Coming into force	27. This Act comes into force on a day to be fixed by order of the Governor in Council.