Migratory Birds Convention Act, 1994

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Sections484

• 1Short title

  This Act may be cited as the Migratory Birds Convention Act, 1994.

• 2Definitions
• 2(1)

  In this Act,

• 2(1)[p3]

  Canadian vessel means a vessel

• 2(1)[p3](a)

  that is registered, listed or licensed under the Canada Shipping Act, 2001,

• 2(1)[p3](b)

  that is not registered, listed or licensed under the Canada Shipping Act, 2001 or under the laws of another state but is owned by one or more persons each of whom is

• 2(1)[p3](b)(i)

  a Canadian citizen,

• 2(1)[p3](b)(ii)

  in the case of a vessel that is not required to be registered, listed or licensed under that Act, a person who is resident and domiciled in Canada, or

• 2(1)[p3](b)(iii)

  a corporation incorporated under the laws of Canada or a province, that has its principal place of business in Canada, or

• 2(1)[p3](c)

  that is not registered, listed or licensed under the Canada Shipping Act, 2001 but is owned or operated by Her Majesty in right of Canada; (bâtiment canadien)

• 2(1)[p10]Repealed

  Chief Review Officer[Repealed, 2026, c. 3, s. 530]

• 2(1)[p11]

  Convention means the Convention set out in the schedule, as amended from time to time; (convention)

• 2(1)[p12]

  conveyance means a vehicle, aircraft, vessel or any other contrivance that is used to move persons or goods; (moyen de transport)

• 2(1)[p13]

  deposit means any discharging, spraying, releasing, spilling, leaking, seeping, pouring, emitting, emptying, throwing, dumping or placing; (immersion ou rejet)

• 2(1)[p14]

  environment means the components of the Earth and includes

• 2(1)[p14](a)

  air, land and water,

• 2(1)[p14](b)

  all layers of the atmosphere,

• 2(1)[p14](c)

  all organic and inorganic matter and living organisms, and

• 2(1)[p14](d)

  the interacting natural systems that include the components referred to in paragraphs (a) to (c); (environnement)

• 2(1)[p19]

  Environmental Protection Tribunal of Canada means the Environmental Protection Tribunal of Canada established by subsection 243(1) of the Canadian Environmental Protection Act, 1999; (Tribunal de la protection de l’environnement du Canada)

• 2(1)[p20]

  fixed platform means an artificial island or a marine installation or structure that is permanently attached to the seabed for the purpose of exploration or exploitation of resources or for other economic purposes; (plate-forme fixe)

• 2(1)[p21]

  foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act; (étranger)

• 2(1)[p22]

  foreign vessel means a vessel that is not a Canadian vessel; (bâtiment étranger)

• 2(1)[p23]

  master includes every person who has command or charge of a vessel but excludes a licensed pilot within the meaning of section 1.1 of the Pilotage Act; (capitaine)

• 2(1)[p24]

  migratory bird means a migratory bird referred to in the Convention, and includes the sperm, eggs, embryos, tissue cultures and parts of the bird; (oiseau migrateur)

• 2(1)[p25]

  Minister means the Minister of the Environment or, in respect of any matter related to the Northern Pipeline referred to in the Northern Pipeline Act, the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that Act; (ministre)

• 2(1)[p26]

  nest means the nest of a migratory bird and includes parts of the nest. (nid)

• 2(1)[p27]

  operator, in respect of a vessel, means a person other than an owner who has, either by law or by contract, the possession and use of the vessel; (exploitant)

• 2(1)[p28]

  owner, in respect of a vessel, means an actual owner of the vessel if the vessel is not registered or listed, or a registered owner if it is registered or listed; (propriétaire)

• 2(1)[p29]

  vessel means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to the method or lack of propulsion, but does not include a fixed platform. (bâtiment)

• 2(2)Possession

  For the purposes of this Act,

• 2(2)(a)

  a person has anything in possession when the person has it in their personal possession or knowingly

• 2(2)(a)(i)

  has it in the actual possession or custody of another person, or

• 2(2)(a)(ii)

  has it in any place, whether or not that place belongs to or is occupied by the person, for their own use or benefit or for the use or benefit of another person; and

• 2(2)(b)

  where a person has anything in their possession or custody with the knowledge and consent of another person or other persons, it is in the possession and custody of each and all of them.

• 2(3)Repealed

  [Repealed, 2024, c. 30, s. 12]

• 2.1Application

  This Act applies in Canada and in the exclusive economic zone of Canada.

• 3Binding on Her Majesty

  This Act is binding on Her Majesty in right of Canada or a province.

• 4Purpose

  The purpose of this Act is to implement the Convention by protecting and conserving migratory birds — as populations and individ­ual birds — and their nests.

• 5Prohibition

  Except as authorized by the regulations, no person shall, without lawful excuse,

• 5(a)

  be in possession of a migratory bird or nest; or

• 5(b)

  buy, sell, exchange or give a migratory bird or nest or make it the subject of a commercial transaction.

• 5.1Prohibition
• 5.1(1)

  No person or vessel shall deposit a substance that is harmful to migratory birds, or permit such a substance to be deposited, in waters or an area frequented by migratory birds or in a place from which the substance may enter such waters or such an area.

• 5.1(2)Prohibition

  No person or vessel shall deposit a substance or permit a substance to be deposited in any place if the substance, in combination with one or more substances, results in a substance — in waters or an area frequented by migratory birds or in a place from which it may enter such waters or such an area — that is harmful to migratory birds.

• 5.1(3)Saving

  Subsections (1) and (2) do not apply if

• 5.1(3)(a)

  the deposit is authorized under the Canada Shipping Act, 2001; or

• 5.1(3)(b)

  the substance is of a type and quantity, and the deposit is made under conditions, authorized under an Act of Parliament other than the Canada Shipping Act, 2001, or authorized by the Minister for scientific purposes.

• 5.2Prohibition

  No person shall

• 5.2(a)

  wilfully destroy or cause to be destroyed a document, a record or data that is required to be kept under this Act or the Canada Shipping Act, 2001, or wilfully alter or cause to be altered such a document, a record or data with intent to mislead;

• 5.2(b)

  make or cause to be made a false entry, or omit to make or cause to be omitted to be made a required entry, in a document, a record or data that is required to be kept under this Act or the Canada Shipping Act, 2001;

• 5.2(c)

  wilfully obstruct or hinder a person who is engaged in carrying out duties or functions under this Act or a person acting under their direction and control; or

• 5.2(d)

  knowingly provide false or misleading information or knowingly make a false or misleading statement, either orally or in writing, to a person who is engaged in carrying out duties or functions under this Act or a person acting under their direction and control.

• 5.3Prohibition
• 5.3(1)

  No Canadian employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, because

• 5.3(1)(a)

  the employee, acting in good faith and on the basis of reasonable belief, disclosed to a federal minister, or any employee of the federal public administration, that the employer or another person had contravened or had intended to contravene a provision of this Act or the regulations;

• 5.3(1)(b)

  the employee, acting in good faith and on the basis of reasonable belief, refused or stated an intention to refuse to do anything that is a contravention of a provision of this Act or the regulations;

• 5.3(1)(c)

  the employee, acting in good faith and on the basis of reasonable belief, did or stated an intention to do anything that is required to be done to prevent a contravention of a provision of this Act or the regulations; or

• 5.3(1)(d)

  the employer believes that the employee will do anything referred to in paragraph (a), (b) or (c).

• 5.3(2)Definition of Canadian employer

  In subsection (1), Canadian employer means an employer that is a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or a corporation incorporated under the laws of Canada or a province that has its principal place of business in Canada.

• 5.3(3)Saving

  Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.

• 5.3(4)Definitions of employee and employer

  In this section, employee includes an independent contractor and employer has a corresponding meaning.

• 5.4Obligation — owners, operators, etc.

  Every master, chief engineer, owner and operator of a vessel — and, if the owner or operator is a corporation, every director and officer of the corporation who is in a position to direct or influence its policies or activities relating to conduct prohibited by section 5.1 — shall take all reasonable care to ensure that the vessel and all persons on board the vessel comply with section 5.1.

• 5.5Obligation — directors and officers

  Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act and the regulations.

• 6Game officers
• 6(1)

  The Minister may designate any person or class of persons to act as game officers for the purposes of this Act and the regulations, and all members of the Royal Canadian Mounted Police are game officers for the purposes of this Act and the regulations.

• 6(2)Designation of provincial government employees

  The Minister may not designate a person or class of persons employed by the government of a province unless that government agrees.

• 6(3)Certificate of designation

  Every game officer must be provided with a certificate of designation as a game officer in a form approved by the Minister and, on entering any place under this Act, the officer shall, on request, show the certificate to the person in charge or control of the place.

• 6(4)Powers of peace officers

  For the purposes of this Act and the regulations, game officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any person or class of persons.

• 6(5)Exemptions for law enforcement activities

  For the purpose of investigations and other law enforcement activities under this Act, the Minister may, on any terms and conditions the Minister considers necessary, exempt game officers who are carrying out duties or functions under this Act, and persons acting under their direction and control, from the application of any provision of this Act or the regulations.

• 6(6)Arrest without warrant

  A game officer may arrest a person without a warrant if they believe, on reasonable grounds, that the person has committed an offence under this Act or if they find the person committing or about to commit an offence under this Act.

• 6.1Immunity

  Game officers and persons acting under a game officer’s direction and control are not personally liable for anything they do or omit to do in good faith under this Act.

• 7Inspections
• 7(1)

  For the purpose of verifying compliance with this Act and the regulations, a game officer may, subject to subsection (3), at any reasonable time, enter and inspect any place, including a vessel, in which they believe, on reasonable grounds, there is any thing to which this Act or the regulations apply or any document, record or data relating to the administration of this Act or the regulations, and the game officer may

• 7(1)(a)

  open or cause to be opened any container that the game officer believes, on reasonable grounds, contains any such thing or document;

• 7(1)(b)

  inspect the thing and take samples free of charge;

• 7(1)(c)

  require any person to produce the document for inspection or copying, in whole or in part;

• 7(1)(c.1)

  use or cause to be used any computer system or data processing system at the place to examine any data contained in or available to the system;

• 7(1)(c.2)

  reproduce or cause to be reproduced any record from the data in the form of a printout or other intelligible output;

• 7(1)(c.3)

  take a printout or other output for inspection or copying;

• 7(1)(c.4)

  use or cause to be used any copying equipment at the place to make copies of the record or document; and

• 7(1)(d)

  seize any thing by means of or in relation to which the game officer believes, on reasonable grounds, this Act or the regulations have been contravened or that the game officer believes, on reasonable grounds, will provide evidence of a contravention.

• 7(1.1)Duty of person in charge or control

  Every person who is in charge or control of a place that is inspected under this section shall permit a game officer and every person acting under their direction and control to do anything referred to in paragraphs (1)(c.1) to (c.4).

• 7(1.2)Entry of vessels

  Subject to subsection (3), for the purpose of verifying compliance with this Act and the regulations, a game officer who believes on reasonable grounds that a vessel has on board any thing to which this Act or the regulations apply or any document, record or data relating to the administration of this Act or the regulations may, in Canadian waters or the exclusive economic zone of Canada, board the vessel at any reasonable time and travel on it.

• 7(1.3)Accommodation

  A game officer and every person acting under their direction and control who travels on a vessel shall be carried free of charge, and the master shall provide them with suitable accommodation and food free of charge.

• 7(2)Stopping and detaining conveyances

  A game officer may, at any reasonable time, direct that a conveyance be stopped — or be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out — and the officer may, for a reasonable time, detain a conveyance.

• 7(3)Dwelling-place

  The game officer may not enter a dwelling-place except with the consent of the person in charge or control of the dwelling-place or under the authority of a warrant.

• 7(4)Inspection warrant — dwelling place

  On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing a game officer to enter a dwelling-place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

• 7(4)(a)

  the conditions for entry described in subsection (1) exist in relation to the dwelling-place;

• 7(4)(b)

  entry to the dwelling-place is necessary for the administration of this Act or the regulations;

• 7(4)(c)

  entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused; and

• 7(4)(d)

  all reasonable attempts have been made to notify the owner or person in charge or control of the dwelling-place.

• 7(5)Inspection warrant — non-dwellings

  On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing a game officer to enter a place other than a dwelling-place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

• 7(5)(a)

  the conditions for entry described in subsection (1) exist in relation to the place;

• 7(5)(b)

  entry to the place is necessary for the administration of this Act or the regulations;

• 7(5)(c)

  entry to the place has been refused, there are reasonable grounds to believe that entry will be refused, the game officer is not able to enter without the use of force or the place is abandoned; and

• 7(5)(d)

  all reasonable attempts have been made to notify the owner, operator or person in charge or control of the place.

• 7(6)Waiving notice

  The justice may waive the requirement to give notice under paragraph (4)(d) or (5)(d) if the justice is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge or control is absent from the justice’s jurisdiction, or that it is not in the public interest to give the notice.

• 7(7)Person under direction and control

  A person who is acting under a game officer’s direction and control may accompany a game officer who is inspecting a place under this section, may enter the place and may exercise any of the powers referred to in paragraphs (1)(b) to (c.4).

• 7(8)Use of force

  A game officer may not use force in executing a warrant under this section unless the warrant specifically authorizes the use of force.

• 7(9)Exclusive economic zone

  Every power that may be exercised in Canada under this section may be exercised in the exclusive economic zone of Canada.

• 7(10)Consent

  The consent of the Minister is required for the exercise of any power under this section in the exclusive economic zone of Canada in relation to a foreign vessel. However, for greater certainty, the consent of the Attorney General of Canada is not required.

• 8Search and seizure without warrant

  For the purpose of ensuring compliance with this Act and the regulations, a game officer may exercise the powers of search and seizure provided in section 487 of the Criminal Code without a search warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be feasible to obtain it.

• 8.1Powers of direction and detention of vessels
• 8.1(1)

  A game officer may direct a vessel to any place in Canadian waters or the exclusive economic zone of Canada or make a detention order in relation to a vessel or do both, if they have reasonable grounds to believe that the vessel or a person on board the vessel has committed, is committing or is about to commit an offence under section 5.1 in Canadian waters and that the vessel was, is being or is about to be used in connection with the commission of the offence.

• 8.1(2)Powers of direction and detention of vessels

  A game officer may direct a vessel to any place in Canadian waters or the exclusive economic zone of Canada or make a detention order in relation to a vessel or do both, if they have reasonable grounds to believe that

• 8.1(2)(a)

  the vessel or a person on board the vessel has committed, is committing or is about to commit an offence under section 5.1 in the exclusive economic zone of Canada and the vessel was, is being or is about to be used in connection with the commission of the offence; and

• 8.1(2)(b)

  commission of the offence will cause major damage to the environment, or an actual threat of major damage to the environment, in Canada or in the exclusive economic zone of Canada.

• 8.1(3)Major damage

  For greater certainty, the deposit of a substance in contravention of section 5.1 that, together with other deposits made in contravention of that section by one or more persons or vessels, has a cumulative or aggregate effect may cause major damage to the environment.

• 8.1(4)Order in writing

  A detention order shall be in writing and be addressed to every person at the place identified in the order who is empowered to give a clearance to the vessel.

• 8.1(5)Service of order

  Notice of the detention order shall be served by delivering a copy of the notice personally to the master or, if service cannot reasonably be effected personally, by posting a copy of the notice on a conspicuous part of the vessel.

• 8.1(6)Duty of operator of vessel

  Once notice of the detention order is served, no master, owner or operator of the vessel shall order the vessel to contravene the order.

• 8.1(7)Duty of persons empowered to give clearance

  Subject to subsection (8), no person who has received notice of the detention order shall give clearance to the vessel to which the order relates.

• 8.1(8)When clearance may be given

  A person who has received notice of the detention order may give clearance to the vessel to which the order relates if

• 8.1(8)(a)

  neither the vessel nor any person is charged with the offence that gave rise to the making of the order within 30 days after the day on which the order is made;

• 8.1(8)(b)

  within 30 days after the day on which the order is made, the vessel or a person is charged with the offence and every accused has appeared in Canada to answer to the charge;

• 8.1(8)(c)

  Her Majesty in right of Canada is given security, in a form determined by the Attorney General of Canada, for payment of the maximum fine that might be imposed as a result of a conviction of every accused and costs that might be incurred in proceedings in connection with the charge or charges, or payment of any lesser amount that is approved by the Attorney General of Canada;

• 8.1(8)(d)

  all proceedings in respect of the offence that gave rise to the making of the order are discontinued; or

• 8.1(8)(e)

  the order is rescinded by a game officer.

• 8.1(9)Consent of Attorney General of Canada

  The powers to direct and detain a vessel may not be exercised in the exclusive economic zone of Canada in relation to a foreign vessel without the consent of the Attorney General of Canada.

• 8.1(10)Foreign state to be notified

  If a vessel to which a detention order relates is registered in a foreign state, that state is to be notified that the order was made.

• 8.2Right of passage

  A person who is engaged in carrying out duties or functions under this Act and any person acting under their direction and control may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.

• 8.3Assistance

  An owner, operator or person in charge or control of a place entered by a game officer under this Act, and every person found in the place, shall

• 8.3(a)

  give the game officer and every person under their direction and control all reasonable assistance to enable the game officer to carry out their duties and functions under this Act; and

• 8.3(b)

  provide the game officer and every person under their direction and control with any information relating to the administration of this Act and the regulations that the game officer may reasonably require.

• 9Custody of things seized
• 9(1)

  Subject to subsections (2) and (3), where a game officer seizes a thing under this Act or under a warrant issued under the Criminal Code,

• 9(1)(a)

  sections 489.1 and 490 of the Criminal Code apply; and

• 9(1)(b)

  the game officer, or any person that the officer may designate, shall retain custody of the thing subject to any order made under section 490 of the Criminal Code.

• 9(2)Forfeiture where ownership not ascertainable

  Where the lawful ownership of or entitlement to the seized thing cannot be ascertained within thirty days after its seizure, the thing, or any proceeds of its disposition, are forfeited to

• 9(2)(a)

  Her Majesty in right of Canada, if the thing was seized by a game officer employed in the federal public administration; or

• 9(2)(b)

  Her Majesty in right of a province, if the thing was seized by a game officer employed by the government of that province.

• 9(3)Perishable things

  Where the seized thing is perishable, the game officer may dispose of it or destroy it, and any proceeds of its disposition must be

• 9(3)(a)

  paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are instituted within ninety days after its seizure; or

• 9(3)(b)

  retained by the game officer pending the outcome of the proceedings.

• 9(4)Abandonment

  The lawful owner of the seized thing may abandon it to Her Majesty in right of Canada or a province.

• 10Disposition by Minister

  Any thing that has been forfeited or abandoned under this Act must be dealt with and disposed of as the Minister may direct.

• 11Liability for costs

  If a thing is seized under this Act or under a warrant issued under the Criminal Code, the person who owned the thing at the time it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any.

• 11.1Delegation by Minister

  The Minister may delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any power conferred on the Minister under this Act relating to its enforcement or the issuance, renewal, revocation and suspension of permits. The minister or other person to whom the power is delegated may then exercise the power subject to any terms and conditions that the Minister specifies.

• 11.2Definition of order

  For the purpose of sections 11.21 to 11.3, order means a compliance order issued under section 11.21.

• 11.21Compliance order
• 11.21(1)

  Whenever, during the course of an inspection or a search, a game officer has reasonable grounds to believe that any provision of this Act or the regulations has been contravened by a person that is continuing the commission of the offence, or that any of those provisions are likely to be contravened, the game officer may issue a compliance order directing any person described in subsection (2) to take any of the measures referred to in subsection (3) that are reasonable in the circumstances and consistent with the protection and conservation of migratory birds and their nests and with public safety in order to cease or refrain from committing the alleged contravention.

• 11.21(2)Persons subject to order

  Subsection (1) applies to any person who

• 11.21(2)(a)

  owns or has the charge, management or control of the substance to which the alleged contravention relates or the property on which the substance is located;

• 11.21(2)(b)

  causes or contributes to the alleged contravention; or

• 11.21(2)(c)

  is likely to cause or contribute to the alleged contravention.

• 11.21(3)Specific measures

  The order may specify that the person to whom the order is directed take one or more of the following measures:

• 11.21(3)(a)

  refrain from doing anything in contravention of this Act or the regulations, or do anything to comply with this Act or the regulations;

• 11.21(3)(b)

  stop or shut down any activity, work, undertaking or thing for a specified period;

• 11.21(3)(c)

  cease the operation of any activity or any part of a work, undertaking or thing until the game officer is satisfied that the activity, work, undertaking or thing will be operated in accordance with this Act and the regulations;

• 11.21(3)(d)

  move any conveyance to another location including, in the case of a vessel, moving the vessel into port or, in the case of an aircraft, landing the aircraft;

• 11.21(3)(e)

  unload or reload the contents of any conveyance; and

• 11.21(3)(f)

  take any other measure that the game officer considers necessary to facilitate compliance with the order or to protect or restore migratory birds or their nests, including

• 11.21(3)(f)(i)

  maintaining records on any relevant matter,

• 11.21(3)(f)(ii)

  reporting periodically to the game officer, and

• 11.21(3)(f)(iii)

  submitting to the game officer any information, proposal or plan specified by the game officer that sets out any action to be taken by the person with respect to the subject matter of the order.

• 11.21(4)Contents of order

  Subject to section 11.22, an order must be made in writing and must set out

• 11.21(4)(a)

  the name of the person or persons to whom the order is directed;

• 11.21(4)(b)

  the provision of this Act or the regulations that is alleged to have been or is likely to be contravened;

• 11.21(4)(c)

  the relevant facts surrounding the alleged contravention;

• 11.21(4)(d)

  the measures to be taken;

• 11.21(4)(e)

  the time or the day when each measure is to begin or the period during which it is to be carried out;

• 11.21(4)(f)

  subject to subsection (5), the duration of the order;

• 11.21(4)(g)

  a statement that a request for a review may be made to the Environmental Protection Tribunal of Canada; and

• 11.21(4)(h)

  the period within which a request for a review may be made.

• 11.21(5)Duration of order

  An order may not be in force for a period of more than 180 days.

• 11.21(6)Failing to file report

  For the purposes of subsection (1), a person who commits an offence by failing to file a report required by this Act or the regulations is deemed to be continuing the commission of the offence each day that the report is not filed.

• 11.21(7)Statutory Instruments Act

  An order is not a statutory instrument for the purposes of the Statutory Instruments Act.

• 11.22Exigent circumstances
• 11.22(1)

  In the case of exigent circumstances, an order may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 11.21.

• 11.22(2)Definition of exigent circumstances

  For greater certainty, exigent circumstances includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 11.21(4) would result in danger to human life or the environment, including migratory birds.

• 11.23Notice of intent
• 11.23(1)

  Except in exigent circumstances, a game officer shall, whenever practicable, before issuing an order,

• 11.23(1)(a)

  provide every person who will be subject to the order with an oral or written notice of the officer’s intention to issue it; and

• 11.23(1)(b)

  allow a reasonable opportunity in the circumstances for the person to make oral representations.

• 11.23(2)Contents of notice of intent

  The notice of intent to issue the order must include

• 11.23(2)(a)

  a statement of the purpose of the notice;

• 11.23(2)(b)

  a reference to the statutory authority under which the order is to be issued; and

• 11.23(2)(c)

  a statement that the party notified may make oral representations to the game officer within the period stated in the notice.

• 11.24Compliance with order
• 11.24(1)

  A person to whom an order is directed shall, immediately on receipt of the order or a copy of it, or on being directed by a game officer in an order given orally under subsection 11.22(1), comply with the order.

• 11.24(2)No bar to proceedings

  The issuance of or compliance with an order in respect of a person’s alleged contravention of this Act or the regulations is not a bar to any proceedings against the person under this or any other Act in relation to the alleged contravention.

• 11.25Intervention by game officer
• 11.25(1)

  If a person to whom an order is directed fails to take any measures specified in the order, a game officer may take the measures or cause them to be taken.

• 11.25(2)Access to property

  A game officer or other person authorized or required by a game officer to take measures under subsection (1) may enter and have access to any place or property and may do any reasonable thing that may be necessary in the circumstances.

• 11.25(3)Personal liability

  Any person, other than a person described in subsection 11.21(2), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized or required by a game officer under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith.

• 11.26Recovery of reasonable costs and expenses by Her Majesty
• 11.26(1)

  Her Majesty in right of Canada may recover the costs and expenses of and incidental to any measures taken under subsection 11.25(1) from

• 11.26(1)(a)

  any person referred to in paragraph 11.21(2)(a); or

• 11.26(1)(b)

  any person referred to in paragraph 11.21(2)(b) to the extent of the person’s negligence in causing or contributing to the alleged contravention.

• 11.26(2)Costs must have been reasonably incurred

  The costs and expenses may only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances.

• 11.26(3)Liability

  The persons referred to in subsection (1) are jointly and severally, or solidarily, liable for the costs and expenses referred to in that subsection.

• 11.26(4)Limitation

  A person referred to in paragraph 11.21(2)(b) may not be held liable under subsection (3) to an extent greater than the extent of their negligence in causing or contributing to the alleged contravention.

• 11.26(5)Procedure

  A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken in the name of Her Majesty in right of Canada in any court of competent jurisdiction.

• 11.26(6)Recourse or indemnity

  This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

• 11.26(7)Limitation period

  If events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted more than five years after the day on which the events occur or become evident to the Minister, whichever is later.

• 11.26(8)Minister’s certificate

  A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document is to be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof.

• 11.27Request for review
• 11.27(1)

  Any person to whom an order is directed may, by notice in writing given to the Environmental Protection Tribunal of Canada within 30 days after the day on which the person receives a copy of the written order or after the oral order is given, make a request to the Environmental Protection Tribunal of Canada for a review of the order.

• 11.27(2)Extension of period for request

  The Chairperson of the Environmental Protection Tribunal of Canada, or any member of the Tribunal that they may designate, may extend the period within which a request for a review may be made if, in their opinion, it is in the public interest to do so.