Bill C-5
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Equivalent
measures
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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.
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Recommendat
ion to repeal
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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even if the order were repealed, he or she must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Council that the emergency order be repealed.
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Exceptions |
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General
exceptions
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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
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Authoriza- tion of activities under other Acts
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(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
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Exceptions -
land claims
agreements
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(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.
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Exemptions
for permitted
activities
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(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.
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Additional
possession
exceptions
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(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
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Regulations
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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).
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ENFORCEMENT MEASURES |
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Enforcement Officers |
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Enforcement
officers
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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.
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Designation
of provincial
or territorial
government
employees
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(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.
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Certificate of
designation
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(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.
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Powers
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(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.
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Exemptions
for law
enforcement
activities
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(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.
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Inspections |
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Inspections
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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
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Conveyance
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(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.
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Dwelling-plac
e
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(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.
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Authority to
issue warrant
for inspection
of
dwelling-plac
e
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(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
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Authority to
issue warrant
for inspection
of
non-dwellings
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(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
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Waiving
notice
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(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.
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Use of force
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(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.
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Operation of
computer
system and
copying
equipment
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(8) In carrying out an inspection of a place
under this section, an enforcement officer may
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Duty of
person in
possession or
control
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(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).
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Disposition of Things Seized |
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Custody of
things seized
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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,
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Forfeiture if
ownership not
ascertainable
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(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.
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Perishable
things
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(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.
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Release of
individual
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(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.
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Abandonment
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(5) The owner of the seized thing may
abandon it to Her Majesty in right of Canada
or a province.
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Disposition by
competent
minister
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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.
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Liability for
costs
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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.
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Assistance to Enforcement Officers |
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Right of
passage
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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.
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Assistance
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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
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Obstruction
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92. While an enforcement officer is
exercising powers or carrying out duties or
functions under this Act, no person shall
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