Bill C-70
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| Where
warrant not
necessary
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(3) A park warden 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
practical to obtain one.
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| Custody of
things seized
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24. (1) Subject to subsections (2) and (3)
and sections 29 and 30, where a park warden
or enforcement officer seizes a thing under
this Act or under a warrant issued pursuant to
the Criminal Code,
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| Forfeiture
where
ownership not
ascertainable
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(2) If the lawful ownership of or entitlement
to a 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 a park warden or by an enforcement
officer employed in the public service of
Canada, or to Her Majesty in right of a
province, if the thing was seized by an
enforcement officer employed by a
provincial, municipal or local authority.
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| Perishable
things
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(3) If a seized thing is perishable, the park
warden or enforcement officer may dispose of
it or destroy it, and any proceeds of its
disposition shall 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, or
shall be retained by the warden or officer
pending the outcome of those proceedings.
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OFFENCES AND PUNISHMENT |
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| Contraven- tion of Act
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25. (1) Every person who contravenes
section 13 or subsection 33(1) is guilty of an
offence and liable on summary conviction to
a fine not exceeding $2,000.
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| Contraven- tion of regulations
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(2) 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 on summary
conviction to a fine not exceeding $2,000, 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.
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| Trafficking in
wildlife, etc.
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26. (1) 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.
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| Offence
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(2) Every person who contravenes
subsection (1) is guilty of an offence and liable
on summary conviction to a fine not
exceeding $10,000.
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| Definition of
``traffic''
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(3) In this section and section 27, ``traffic''
means to sell, offer for sale, expose for sale,
buy, offer to buy, solicit, barter, exchange,
give, send, transport or deliver.
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| Poaching and
trafficking
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27. (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.
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| Offence
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(2) Every person who contravenes
subsection (1) is guilty of an offence and liable
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| Poaching and
trafficking
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(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.
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| Offence
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(4) Every person who contravenes
subsection (3) is guilty of an offence and liable
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| Definitions
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(5) The definitions in this subsection apply
in this section.
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| ``hunt'' « chasser »
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``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.
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| ``possess'' « possession »
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``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.
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| ``wildlife'' « animal sauvage »
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``wildlife'', in relation to any species named in
Schedule 3, includes any part of an
individual of the species, and their eggs and
embryos.
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| Amendments
to Schedule 3
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(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.
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| Fines
cumulative
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28. (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.
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| Continuing
offences
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(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.
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| Forfeiture
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29. (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.
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| Return where
no forfeiture
ordered
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(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.
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| Retention or
sale
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(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.
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| Disposition by
Minister
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30. 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.
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| Orders of
court
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31. (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
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| Suspended
sentence
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(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).
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| Imposition of
sentence
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(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.
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| Limitation or
prescription
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32. (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.
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| Minister's
certificate
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(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.
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MITIGATION OF ENVIRONMENTAL DAMAGE |
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| Pollution
clean-up
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33. (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.
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| Powers of
superinten- dent and Minister
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(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.
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| Expenses of
clean-up
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(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.
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PARK COMMUNITIES |
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| Preparation of
community
plan
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34. (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 an agreement referred to
in section 36.
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| Contents of
community
plan
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(2) A community plan for a park
community must
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| Elements to
be included
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(3) A community plan, or the zoning
by-laws referred to in subsection (1) and
tabled with it, must include
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| Amendment
of Schedule 4
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(4) Subject to section 35, 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.
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| Leases,
licences, etc.
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(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.
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| Additions to
be tabled and
referred
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35. (1) Before additions are made to
Schedule 4 under subsection 34(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.
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| Disapproval
by committee
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(2) The committee of each House may,
within 20 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.
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| Disposition of
motion for
concurrence
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(3) The motion shall be debated for not
more than three hours and disposed of in
accordance with the procedures of the House.
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| Additions
allowed
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(4) Proposed additions to Schedule 4 may
be made if 21 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.
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| Additions not
allowed
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(5) Proposed additions to Schedule 4 may
not be made if either House passes a motion
referred to in subsection (2).
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PROVISIONS FOR PARTICULAR PARKS |
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| Banff local
government
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36. The Governor in Council may authorize
the Minister to enter into an agreement with
the government of Alberta for the
establishment of a local government body for
the town of Banff in Banff National Park and
to entrust to that body the local government
functions specified in that agreement.
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| Lands for ski
facilities
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37. (1) No lease or licence of occupation
may be granted for the purpose of commercial
ski facilities on public lands in a park except
within a commercial ski area described in
Schedule 5.
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| Designation
of ski areas
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(2) The Governor in Council may, by order,
add to Schedule 5 the name and a description
of a commercial ski area in the vicinity of
Sunshine Village in Banff National Park, but
that Schedule is not otherwise subject to
amendment by the Governor in Council.
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| Wildlife
Advisory
Board
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38. (1) The Governor in Council may, by
order, constitute a Wildlife Advisory Board
for the traditional hunting grounds of Wood
Buffalo National Park.
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| Hunting,
trapping and
fishing
permits
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(2) Notwithstanding any regulations made
under section 18, permits for hunting, trapping
and fishing by members of the Cree Band of
Fort Chipewyan in the traditional hunting
grounds of Wood Buffalo National Park shall
be issued in accordance with regulations of the
Wildlife Advisory Board.
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| Regulations
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(3) The Wildlife Advisory Board may,
subject to the approval of the Governor in
Council, make regulations respecting
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| Traditional
hunting
grounds
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(4) For the purposes of this section, the
traditional hunting grounds of Wood Buffalo
National Park consist of the lands shown on
Plan 72702 in the Canada Lands Surveys
Records at Ottawa, a copy of which is filed in
the Land Titles Office at Edmonton under
number 902-0325, which lands contain 8869
square kilometres (886,894 hectares).
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| Amendment
of park
descriptions
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39. (1) Notwithstanding subsection 5(2) and
section 13, the Governor in Council may, by
order,
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| Lands not
required
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(2) Lands withdrawn from Wood Buffalo
National Park or Wapusk National Park
pursuant to subsection (1) are declared to be
no longer required for park purposes.
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