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Bill C-5

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	Disposition of Things Seized
Custody of things seized	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,
	(a) sections 489.1 and 490 of the Criminal Code apply; and
	(b) the enforcement officer, or any person that the officer may designate, must retain custody of the thing subject to any order made under section 490 of the Criminal Code.
Forfeiture if ownership not ascertainable	(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.
Perishable things	(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.
Release of individual	(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.
Abandonment	(5) The owner of the seized thing may abandon it to Her Majesty in right of Canada or a province.
Disposition by competent minister	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.
Liability for costs	89. The lawful owner and any person lawfully entitled to possession of any thing seized, forfeited or abandoned under this Act and who has been convicted of an offence under this Act in relation to that thing, 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.
	Assistance to Enforcement Officers
Right of passage	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.
Assistance	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
	(a) give the enforcement officer all reasonable assistance to enable the enforcement officer to carry out duties and functions under this Act; and
	(b) provide the enforcement officer with any information in relation to the administration of this Act, the regulations or an emergency order that the enforcement officer may reasonably require.
Obstruction	92. While an enforcement officer is exercising powers or carrying out duties or functions under this Act, no person shall
	(a) knowingly make any false or misleading statement, either orally or in writing, to the enforcement officer; or
	(b) otherwise obstruct or hinder the enforcement officer.
	Investigations
Application for investigation	93. (1) A person who is a resident of Canada and at least 18 years of age may apply to the competent minister for an investigation of whether an alleged offence has been committed or whether anything directed towards its commission has been done.
Statement to accompany application	(2) The application must be in a form approved by the competent minister and must include a solemn affirmation or declaration containing
	(a) the name and address of the applicant;
	(b) a statement that the applicant is at least 18 years old and a resident of Canada;
	(c) a statement of the nature of the alleged offence and the name of each person alleged to be involved;
	(d) a summary of the evidence supporting the allegations;
	(e) the name and address of each person who might be able to give evidence about the alleged offence, together with a summary of the evidence that the person might give, to the extent that information is available to the applicant;
	(f) a description of any document or other material that the applicant believes should be considered in the investigation and, if possible, a copy of the document; and
	(g) details of any previous contact between the applicant and the competent minister about the alleged offence.
Investigation	94. (1) The competent minister must acknowledge receipt of the application within 20 days after receiving it and, subject to subsections (2) and (3), investigate all matters that he or she considers necessary to determine the facts relating to the alleged offence.
Frivolous or vexatious applications	(2) No investigation is required if the competent minister decides that the application is frivolous or vexatious.
Notice of decision	(3) If the competent minister decides not to conduct an investigation, he or she must, within 60 days after the application for investigation is received, give notice of the decision, with reasons, to the applicant.
When notice need not be given	(4) The competent minister need not give the notice if an investigation in relation to the alleged offence is ongoing apart from the application.
Competent minister may send evidence to Attorney General	95. At any stage of the investigation, the competent minister may send any documents or other evidence to the Attorney General for a consideration of whether an offence has been or is about to be committed, and for any action that the Attorney General may wish to take.
Suspension or conclusion of investigation	96. (1) The competent minister may suspend or conclude the investigation if he or she is of the opinion that the alleged offence does not require further investigation or the investigation does not substantiate the alleged offence or any other offence.
Report if investigation suspended	(2) If the investigation is suspended, the competent minister must prepare a written report describing the information obtained during the investigation and stating the reasons for its suspension and the action, if any, that the competent minister has taken or proposes to take and send a copy of the report to the applicant. The competent minister must notify the applicant if the investigation is subsequently resumed.
Report when investigation concluded	(3) When the investigation is concluded, the competent minister must prepare a written report describing the information obtained during the investigation and stating the reasons for its conclusion and the action, if any, that the competent minister has taken or proposes to take and send a copy of the report to the applicant and to each person whose conduct was investigated.
Personal information not to be disclosed	(4) A copy of the report sent to a person whose conduct was investigated must not disclose the name or address of the applicant or any other personal information about him or her.
When report need not be sent	(5) If another investigation in relation to the alleged offence is ongoing apart from the application, the competent minister need not send copies of a report described in subsection (2) or (3) until the other investigation is suspended or concluded.
	OFFENCES AND PUNISHMENT
Contravention s	97. (1) Every person who contravenes subsection 32(1) or (2), section 33, subsection 36(1), 58(1), 60(1) or 61(1) or section 91 or 92 or any prescribed provision of a regulation or an emergency order, or who fails to comply with an alternative measures agreement the person has entered into under this Act,
	(a) is guilty of an offence punishable on summary conviction and is liable
	(i) in the case of a corporation, other than a non-profit corporation, to a fine of not more than $300,000,
	(ii) in the case of a non-profit corporation, to a fine of not more than $50,000, and
	(iii) in the case of any other person, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both; or
	(b) is guilty of an indictable offence and is liable
	(i) in the case of a corporation, other than a non-profit corporation, to a fine of not more than $1,000,000,
	(ii) in the case of a non-profit corporation, to a fine of not more than $250,000, and
	(iii) in the case of any other person, to a fine of not more than $250,000 or to imprisonment for a term of not more than five years, or to both.
Prescription of provisions	(2) A regulation or emergency order may prescribe which of its provisions may give rise to an offence.
Subsequent offence	(3) If a person is convicted of an offence a subsequent time, the amount of the fine for the subsequent offence may, despite subsection (1), be double the amount set out in that subsection.
Continuing offence	(4) A person who commits or continues an offence on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued.
Fines cumulative	(5) A fine imposed for an offence involving more than one animal, plant or other organism 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.
Additional fine	(6) If a person is convicted of an offence and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence, the court may order the person to pay an additional fine in an amount equal to the court's estimation of the amount of the monetary benefits, which additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act.
Meaning of ``non-profit corporation''	(7) For the purposes of subparagraphs (1)(a)(i), (ii) and (iii) and (b)(i), (ii) and (iii), ``non-profit corporation'' means a corporation, no part of the income of which is payable to, or is otherwise available for, the personal benefit of any proprietor, member or shareholder of the corporation.
Officers, etc., of corporations	98. If a corporation commits an offence, any officer, director, agent or mandatory of the corporation who directed, authorized, assented to, or acquiesced or participated in, the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
Offences by employees or agents	99. In any prosecution for an offence, the accused may be convicted of the offence if it is established that it was committed by an employee, agent or mandatory of the accused, whether or not the employee, agent or mandatory has been prosecuted for the offence.
Due diligence	100. Due diligence is a defence in a prosecution for an offence.
Venue	101. A prosecution for an offence may be instituted, heard and determined in the place where the offence was committed, the subject-matter of the prosecution arose, the accused was apprehended or the accused happens to be or is carrying on business.
Sentencing considerations	102. A court that imposes a sentence shall take into account, in addition to any other principles that it is required to consider, the following factors:
	(a) the harm or risk of harm caused by the commission of the offence;
	(b) whether the offender was found to have committed the offence intentionally, recklessly or inadvertently;
	(c) whether the offender was found by the court to have been negligent or incompetent or to have shown a lack of concern with respect to the commission of the offence;
	(d) any property, benefit or advantage received or receivable by the offender to which, but for the commission of the offence, the offender would not have been entitled;
	(e) any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with legislation designed to protect wildlife species; and
	(f) all available sanctions that are reasonable in the circumstances, with particular attention to the circumstances of aboriginal offenders.
Forfeiture	103. (1) If a person is convicted of an offence, the convicting 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.
Return if no forfeiture ordered	(2) If the convicting court does not order the forfeiture, the seized thing, or the proceeds of its disposition, must be returned to its lawful owner or the person lawfully entitled to it.
Retention or sale	104. If 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.
Orders of court	105. If a person is convicted of an offence, 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 having any or all of the following effects:
	(a) prohibiting the person from doing any act or engaging in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence;
	(b) directing the person to take any action that the court considers appropriate to remedy or avoid any harm to any wildlife species that resulted or may result from the commission of the offence;
	(c) directing the person to have an environmental audit conducted by a person of a class and at the times specified by the court and directing the person to remedy any deficiencies revealed during the audit;
	(d) directing the person to publish, in any manner that the court considers appropriate, the facts relating to the commission of the offence;
	(e) directing the person to perform community service in accordance with any conditions that the court considers reasonable;
	(f) directing the person to submit to the competent minister, on application to the court by the competent minister within three years after the conviction, any information about the activities of the person that the court considers appropriate;
	(g) directing the person to pay a competent minister or the government of a province or a territory an amount for all or any of the cost of remedial or preventive action taken, or to be taken, by or on behalf of the competent minister or that government as a result of the commission of the offence;
	(h) directing the person to pay, in the manner prescribed by the court, an amount for the purpose of conducting research into the protection of the wildlife species in respect of which the offence was committed;
	(i) directing the person to pay, in the manner prescribed by the court, an amount to an educational institution for scholarships for students enrolled in environmental studies;
	(j) directing the person to post a bond or pay to the court an amount that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section; and
	(k) requiring the person to comply with any other conditions that the court considers appropriate for securing the person's good conduct and for preventing the person from repeating the offence or committing other offences.
Suspended sentence	106. (1) If a person is convicted of an offence 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 Act, make an order containing one or more of the prohibitions, directions or requirements mentioned in section 105.
Imposition of sentence	(2) If the person does not comply with the order or is convicted of another offence, within three years after the order is made, the court may, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended.
Limitation period	107. (1) Proceedings by way of summary conviction in respect of an offence may be commenced at any time within, but not later than, two years after the day on which the subject-matter of the proceedings became known to the competent minister.
Competent minister's certificate	(2) A document appearing to have been issued by the competent minister, certifying the day on which the subject-matter of any proceedings became known to the competent minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is proof of the matter asserted in it.

Bill C-5

Disposition of Things Seized

Assistance to Enforcement Officers

Investigations

OFFENCES AND PUNISHMENT