Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

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Sections257

• 1Short title

  This Act may be cited as the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.

• 2Definitions

  In this Act,

• 2[p2]

  animal means any specimen, whether living or dead, of any species of animal that is listed as “fauna” in an appendix to the Convention, and includes any egg, sperm, tissue culture or embryo of any such animal; (animal)

• 2[p3]

  Convention means the Convention on international trade in endangered species of wild fauna and flora, made on March 3, 1973 in Washington, D.C., United States and ratified by Canada on April 10, 1975, as amended from time to time, to the extent that the amendment is binding on Canada; (Convention)

• 2[p4]

  conveyance means any vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods; (moyen de transport)

• 2[p5]

  distribute includes sell; (distribuer)

• 2[p6]

  Minister means the Minister of the Environment; (ministre)

• 2[p7]

  officer means a person, or a person who belongs to a class of persons, designated pursuant to section 12; (agent)

• 2[p8]

  plant means any specimen, whether living or dead, of any species of plant that is listed as “flora” in an appendix to the Convention, and includes any seed, spore, pollen or tissue culture of any such plant; (végétal)

• 2[p9]

  prescribed means prescribed by regulation; (Version anglaise seulement)

• 2[p10]

  transport includes send. (acheminer)

• 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 protect certain species of animals and plants, particularly by implementing the Convention and regulating international and interprovincial trade in animals and plants.

• 5Federal-provincial agreements

  The Minister may enter into an agreement with the government of any province to provide for the cooperative management and administration of this Act and to avoid conflict between, and duplication in, federal and provincial regulatory activity.

• 6Importation
• 6(1)

  No person shall import into Canada any animal or plant that was taken, or any animal or plant, or any part or derivative of an animal or plant, that was possessed, distributed or transported in contravention of any law of any foreign state.

• 6(2)Importation and exportation

  Subject to the regulations, no person shall, except under and in accordance with a permit issued pursuant to subsection 10(1), import into Canada or export from Canada any animal or plant, or any part or derivative of an animal or plant.

• 6(3)Interprovincial transport

  Subject to the regulations, no person shall, except under and in accordance with a permit issued pursuant to subsection 10(1), transport from one province to another province any animal or plant, or any part or derivative of an animal or plant.

• 7Transport requiring provincial authorization
• 7(1)

  Where the transportation out of a province of an animal or plant, or any part or derivative of an animal or plant, is permitted by the province only if the person who transports it holds a permit issued by a competent authority in that province, no person shall, except under and in accordance with such a permit, transport any animal, plant or part or derivative of an animal or plant from that province to another province.

• 7(2)Provincial prohibitions

  No person shall transport from a province to another province any animal or plant, or any part or derivative of an animal or plant, where the animal or plant was taken, or the animal, plant, part or derivative was possessed, distributed or transported, in contravention of any provincial Act or regulation.

• 8Possession

  Subject to the regulations, no person shall knowingly possess an animal or plant, or any part or derivative of an animal or plant,

• 8(a)

  that has been imported or transported in contravention of this Act;

• 8(b)

  for the purpose of transporting it from one province to another province in contravention of this Act or exporting it from Canada in contravention of this Act; or

• 8(c)

  for the purpose of distributing or offering to distribute it if the animal or plant, or the animal or plant from which the part or derivative comes, is listed in Appendix I to the Convention.

• 9Documents

  Every person who imports into Canada, exports from Canada or transports from one province to another province an animal or plant, or any part or derivative of an animal or plant, shall keep in Canada, in the prescribed manner and for the prescribed period, any documents that are required to be kept by the regulations.

• 10Issuance
• 10(1)

  The Minister may, on application and on such terms and conditions as the Minister thinks fit, issue a permit authorizing the importation, exportation or interprovincial transportation of an animal or plant, or any part or derivative of an animal or plant.

• 10(2)Application for permit

  An application shall be made in the form and on the terms and conditions that the Minister requires, contain all the information that the Minister requires and be accompanied by the prescribed fees.

• 10(3)Revocation or suspension

  The Minister may, after giving a person who holds a permit an opportunity to make representations, revoke or suspend the permit for contravention of any term or condition of the permit.

• 10(4)Delegation 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 section relating to 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.

• 11Misrepresentation

  No person shall knowingly furnish any false or misleading information or make any misrepresentation with respect to any matter in this Act.

• 12Officers and analysts
• 12(1)

  The Minister may designate such persons or classes of persons as the Minister considers necessary to act as officers or analysts for the purposes of this Act or any provision of this Act, and if the person to be designated is an employee, or the class of persons to be designated consists of employees, of the government of a province, the Minister shall only designate that person or class with the agreement of that government.

• 12(2)Powers of peace officers

  Officers designated under subsection (1) have, for the purposes of this Act, all the powers of a peace officer, but the Minister may limit, in any manner the Minister considers appropriate, the powers that certain officers may exercise for the purposes of this Act and, where those powers are so limited, they shall be specified in the certificate referred to in subsection (3).

• 12(3)Certificate to be shown

  On entering any place under this Act, an officer or analyst shall, on request, show the person in charge or the occupant of the place a certificate, in the form approved by the Minister, certifying that the officer or analyst, as the case may be, has been designated under this section.

• 12(4)Obstruction

  No person shall knowingly make any false or misleading statement either orally or in writing to, or obstruct or hinder, an officer or analyst who is carrying out duties or functions under this Act or the regulations.

• 12(5)Immunity

  Officers and analysts are not personally liable for anything they do or omit to do in good faith under this Act.

• 12.1Documents admissible in evidence
• 12.1(1)

  A document made, given or issued under this Act and appearing to be signed by an analyst is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document.

• 12.1(2)Attendance of analyst

  The party against whom the document is produced may, with leave of the court, require the attendance of the analyst who signed it.

• 12.1(3)Notice

  No document referred to in subsection (1) may be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the document.

• 13Detention

  Any thing that has been imported into or is about to be exported from Canada, or has been transported, or is about to be transported, from a province to another province, may be detained by an officer until the officer is satisfied that the thing has been dealt with in accordance with this Act and the regulations.

• 14Inspections
• 14(1)

  For the purpose of ensuring compliance with this Act and the regulations, an officer may at any reasonable time enter and inspect any place in which the officer believes, on reasonable grounds, there is any thing to which this Act applies, or there are any documents relating to the administration of this Act or the regulations, and the officer may

• 14(1)(a)

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

• 14(1)(b)

  inspect any such thing and take samples free of charge;

• 14(1)(c)

  require any person to produce for inspection or copying, in whole or in part, any document that the officer believes, on reasonable grounds, contains any information relevant to the administration of this Act or the regulations; and

• 14(1)(d)

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

• 14(1.1)Analysts

  An analyst may, for the purposes of this Act, accompany an officer who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the officer, enter the place and exercise any of the powers described in paragraphs (1)(a) and (b).

• 14(2)Conveyance

  For the purposes of carrying out the inspection, an officer may stop a conveyance or direct that it be moved by the route and in the manner that the officer may specify, to a place specified by the officer where the inspection can be carried out.

• 14(3)Dwelling-place

  An officer may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant issued under subsection (4).

• 14(4)Warrant

  Where on ex parte application a justice of the peace is satisfied by information on oath that the justice may issue a warrant authorizing an officer to enter the dwelling-place subject to any conditions that may be specified in the warrant.

• 14(4)(a)

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

• 14(4)(b)

  entry to the dwelling-place is necessary for any purpose in relation to the administration of this Act or the regulations, and

• 14(4)(c)

  entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused,

• 14.1Right of passage

  While carrying out duties or functions under this Act, officers and analysts, and any persons accompanying them, 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.

• 14.2Assistance

  The owner or person in charge of a place being inspected under section 14, and every person found in the place, shall

• 14.2(a)

  give the officer or analyst all reasonable assistance to enable the officer or analyst to carry out their duties or functions under this Act; and

• 14.2(b)

  provide the officer or analyst with any information with respect to the administration of this Act that he or she may reasonably require.

• 15Search without warrant

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

• 16Custody of things seized
• 16(1)

  An officer who detains or seizes a thing under section 13, 14 or 15 or under a warrant issued under the Criminal Code may retain custody of the thing or transfer custody of it to such person as the officer may designate.

• 16(2)Perishable things

  Where a thing referred to in subsection (1) is perishable, the officer may dispose of it or destroy it and any proceeds realized from its disposition shall be paid to the lawful owner of the thing unless proceedings under this Act are instituted within ninety days after the detention or seizure.

• 17Abandonment

  The owner, importer or exporter of any thing detained or seized under this Act may abandon the thing to Her Majesty in right of Canada.

• 18Notice to remove
• 18(1)

  Where an officer believes, on reasonable grounds, that any thing is being or has been imported into Canada in contravention of this Act or the regulations, the officer may, whether or not the thing is detained or seized, require, by delivering a notice in the prescribed form and manner, that it be removed from Canada in accordance with the regulations.

• 18(2)Deadline for removal

  Where a notice to remove a thing is delivered, the removal shall be carried out within the period specified in the notice or, if no such period is specified in the notice, within ninety days after its delivery.

• 19Forfeiture
• 19(1)

  Where a person is convicted of an offence under this Act, the convicting court may, in addition to any punishment imposed, order that any thing detained or seized, or any proceeds realized from its disposition, be forfeited to Her Majesty.

• 19(2)Forfeiture on consent

  Where the owner of a thing detained or seized under this Act consents to its forfeiture, it is thereupon forfeited to Her Majesty.

• 19(3)Automatic forfeiture

  Where a thing is detained or seized under this Act, it, or the proceeds realized from its disposition, is forfeited to Her Majesty

• 19(3)(a)

  in the case of a thing that has been detained under section 13, if the thing has not been removed within the period prescribed by the regulations;

• 19(3)(b)

  in the case of a thing that has been seized, if ownership of the thing cannot be ascertained within thirty days after the seizure; and

• 19(3)(c)

  in the case of a thing that is the subject of a notice under section 18, if the thing has not been removed from Canada in compliance with that section.

• 19(4)Return of thing where no forfeiture ordered

  Where the convicting court does not order the forfeiture of a detained or seized thing under subsection (1), the thing, or the proceeds realized from its disposition, shall be returned to the lawful owner of the thing or the person in whose possession the thing was at the time of the detention or seizure.

• 19(5)Exception

  Where a person is convicted of an offence under this Act, any thing seized or any proceeds realized from its disposition, may be retained until the fine is paid or the thing may be sold under execution in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.

• 20Disposition by Minister
• 20(1)

  Where a sample has been taken pursuant to paragraph 14(1)(b) or a thing has been forfeited or abandoned under this Act, it shall be dealt with and disposed of as the Minister may direct.

• 20(2)Repealed

  [Repealed, 2009, c. 14, s. 119]

• 20.1Liability for costs

  If a thing is seized under this Act or under a warrant issued under the Criminal Code, the importer or exporter, as the case may be, and 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.

• 21Regulations
• 21(1)

  The Governor in Council may make regulations for carrying out the purposes of this Act, including regulations

• 21(1)(a)

  respecting the issuance, renewal, revocation and suspension of permits and the circumstances in which persons may be exempted from holding such permits;

• 21(1)(b)

  respecting the exemption of animals and plants, and parts and derivatives of animals and plants, from the operation of any provision of this Act;

• 21(1)(c)

  amending the definitions animal and plant

• 21(1)(c)(i)

  for the purposes of subsection 6(1),

• 21(1)(c)(ii)

  for the purposes of subsection 6(2),

• 21(1)(c)(iii)

  for the purposes of subsection 6(3),

• 21(1)(c)(iii)(A)

  in order to protect species that are subject to the legislative authority of Parliament, or

• 21(1)(c)(iii)(B)

  at the request of the minister who is responsible for the protection of wild animal or plant species of the government of the province into which the animal or plant is to be transported, where that minister is of the opinion that the transport would be harmful to the environment of that province,

• 21(1)(c)(iv)

  for the purposes of section 7, in order to protect species of animals and plants in a province, other than those species that are subject to the legislative authority of Parliament, at the request of the minister who is responsible for the protection of wild animal or plant species of the government of the province, and

• 21(1)(c)(v)

  for the purposes of section 8;

• 21(1)(d)

  specifying the places and times at which, and the manner in which, animals and plants, classes of animals and plants and parts and derivatives of animals and plants may be imported into Canada and exported from Canada;

• 21(1)(e)

  respecting the marking of animals and plants, and parts and derivatives of animals and plants, and the packaging for animals, plants and parts and derivatives of animals and plants for importation into or exportation from Canada or for transportation from one province to another province;

• 21(1)(f)

  prescribing the documents to be kept by persons mentioned in section 9 and the manner of keeping the documents and the period for which they are to be kept;

• 21(1)(g)

  specifying the terms and conditions under which animals and plants, and parts and derivatives of animals and plants, are to be removed from Canada under section 18;

• 21(1)(g.1)

  designating provisions of the regulations for the purposes of paragraph 22(1)(b);

• 21(1)(h)

  prescribing the manner in which the proceeds resulting from the payment of fines or the execution of orders under this Act shall be distributed;

• 21(1)(i)

  prescribing the fees or charges to be paid in connection with the administration of this Act and the terms and conditions of paying such fees and charges; and

• 21(1)(j)

  generally to implement the Convention.

• 21(2)Idem

  The Governor in Council shall make regulations specifying the animals and plants that are listed as “fauna” and “flora”, respectively, in an appendix to the Convention and shall, not later than ninety days after any change to a list in an appendix to the Convention, amend the regulations to reflect that change.

• 21.1Order
• 21.1(1)

  The Governor in Council may, on the recommendation of the Minister, by order, amend the definition animal or plant in section 2 for the purposes of subsection 6(2).

• 21.1(2)Recommendation

  If the Minister is of the opinion that the import of any specimen, living or dead, would be harmful to Canadian ecosystems or to any species in Canada and that urgent action is needed, the Minister may recommend that an order be made under subsection (1).

• 21.1(3)Duration of amendment

  The amendment made by the order applies for the period specified in the order, which period may not be longer than one year from the day the order is made.

• 21.1(4)Exemption

  The order is exempt from the application of section 3 of the Statutory Instruments Act.

• 22Offence — persons
• 22(1)

  Every person commits an offence who contravenes

• 22(1)(a)

  any provision of this Act;

• 22(1)(b)

  any provision of the regulations designated by regulations made under paragraph 21(1)(g.1); or

• 22(1)(c)

  any order made under this Act by a court.

• 22(2)Penalty — individuals

  Every individual who commits an offence under subsection (1) is liable,

• 22(2)(a)

  on conviction on indictment,

• 22(2)(a)(i)

  for a first offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, and

• 22(2)(a)(ii)

  for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both; or

• 22(2)(b)

  on summary conviction,

• 22(2)(b)(i)

  for a first offence, to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both, and

• 22(2)(b)(ii)

  for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000 or to imprisonment for a term of not more than six months, or to both.

• 22(3)Penalty — other persons

  Every person, other than an individual or a corporation referred to in subsection (4), that commits an offence under subsection (1) is liable,

• 22(3)(a)

  on conviction on indictment,

• 22(3)(a)(i)

  for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

• 22(3)(a)(ii)

  for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or

• 22(3)(b)

  on summary conviction,

• 22(3)(b)(i)

  for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

• 22(3)(b)(ii)

  for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.

• 22(4)Penalty — small revenue corporations

  Every corporation that commits an offence under subsection (1) and that the court determines under section 22.02 to be a small revenue corporation is liable,

• 22(4)(a)

  on conviction on indictment,

• 22(4)(a)(i)

  for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

• 22(4)(a)(ii)

  for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

• 22(4)(b)

  on summary conviction,

• 22(4)(b)(i)

  for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

• 22(4)(b)(ii)

  for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

• 22(5)Relief from minimum fine

  The court may impose a fine that is less than the minimum amount provided for in this section if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court shall provide reasons if it imposes a fine that is less than the minimum amount provided for in this section.

• 22.01Offence — persons
• 22.01(1)

  Every person commits an offence who contravenes any provision of the regulations, other than a provision the contravention of which is an offence under subsection 22(1).

• 22.01(2)Penalty — individuals

  Every individual who commits an offence under subsection (1) is liable,

• 22.01(2)(a)

  on conviction on indictment,

• 22.01(2)(a)(i)

  for a first offence, to a fine of not more than $100,000, and

• 22.01(2)(a)(ii)

  for a second or subsequent offence, to a fine of not more than $200,000; or

• 22.01(2)(b)

  on summary conviction,

• 22.01(2)(b)(i)

  for a first offence, to a fine of not more than $25,000, and

• 22.01(2)(b)(ii)

  for a second or subsequent offence, to a fine of not more than $50,000.

• 22.01(3)Penalty — other persons

  Every person, other than an individual or a corporation referred to in subsection (4), that commits an offence under subsection (1) is liable,

• 22.01(3)(a)

  on conviction on indictment,

• 22.01(3)(a)(i)

  for a first offence, to a fine of not more than $500,000, and

• 22.01(3)(a)(ii)

  for a second or subsequent offence, to a fine of not more than $1,000,000; or

• 22.01(3)(b)

  on summary conviction,

• 22.01(3)(b)(i)

  for a first offence, to a fine of not more than $250,000, and

• 22.01(3)(b)(ii)

  for a second or subsequent offence, to a fine of not more than $500,000.

• 22.01(4)Penalty — small revenue corporations

  Every corporation that commits an offence under subsection (1) and that the court determines under section 22.02 to be a small revenue corporation is liable,

• 22.01(4)(a)

  on conviction on indictment,

• 22.01(4)(a)(i)

  for a first offence, to a fine of not more than $250,000, and

• 22.01(4)(a)(ii)

  for a second or subsequent offence, to a fine of not more than $500,000; or

• 22.01(4)(b)

  on summary conviction,

• 22.01(4)(b)(i)

  for a first offence, to a fine of not more than $50,000, and

• 22.01(4)(b)(ii)

  for a second or subsequent offence, to a fine of not more than $100,000.

• 22.02Determination of small revenue corporation status

  For the purpose of sections 22 and 22.01, a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’s gross revenues for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000.

• 22.03Deeming — second and subsequent offence
• 22.03(1)

  For the purposes of subsections 22(2) to (4) and 22.01(2) to (4), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted — under any Act of Parliament, or any Act of the legislature of a province, that relates to environmental or wildlife conservation or protection — of a substantially similar offence.

• 22.03(2)Application

  Subsection (1) applies only to previous convictions on indictment and to previous convictions on summary conviction, and to previous convictions under any similar procedure under any Act of the legislature of a province, other than a procedure commenced by means of a ticket.

• 22.04Additional fine

  If a person is convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court shall order the person to pay an additional fine in an amount equal to the court’s estimation of the value of that property, benefit or advantage. The additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act.

• 22.05Notice to shareholders

  If a corporation that has shareholders has been convicted of an offence under this Act, the court shall make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed.

• 22.06Contraventions Act

  If an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention.

• 22.07Fundamental purpose of sentencing

  The fundamental purpose of sentencing for offences under this Act is to contribute, in light of the numerous serious threats to plants and animals and their importance to the environment, to respect for the law regulating international and interprovincial trade in animals and plants through the imposition of just sanctions that have as their objectives

• 22.07(a)

  to deter the offender and any other person from committing offences under this Act;

• 22.07(b)

  to denounce the unlawful trade in certain animals and plants and to make it unprofitable; and

• 22.07(c)

  to recover, if possible, certain species of animals and plants unlawfully traded.

• 22.08Sentencing principles
• 22.08(1)

  In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court shall consider the following principles when sentencing a person who is convicted of an offence under this Act:

• 22.08(1)(a)

  the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and

• 22.08(1)(b)

  the amount of the fine should reflect the gravity of each aggravating factor associated with the offence.

• 22.08(2)Aggravating factors

  The aggravating factors are the following:

• 22.08(2)(a)

  the offence caused damage or risk of damage, directly or indirectly, to animals or plants;

• 22.08(2)(b)

  the offence caused damage or risk of damage to a unique, rare, particularly important or vulnerable species of animal or plant or population of animals or plants;

• 22.08(2)(c)

  the offender committed the offence intentionally or recklessly;

• 22.08(2)(d)

  the offender profited, or intended to profit, by committing the offence;

• 22.08(2)(e)

  the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife conservation or protection; and

• 22.08(2)(f)

  the offence involved a high degree of planning.

• 22.08(3)Absence of aggravating factor

  The absence of an aggravating factor set out in subsection (2) is not a mitigating factor.

• 22.08(4)Meaning of damage

  For the purposes of paragraphs (2)(a) and (b), damage includes loss of use value and non-use value.

• 22.08(5)Reasons

  If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, the court shall give reasons for that decision.

• 22.09Offences involving more than one animal or plant, etc.

  If an offence under this Act involves more than one animal or plant, or part or derivative of an animal or plant, the fine to be imposed in respect of that offence may, despite sections 22 and 22.01, be the total of the fines that would have been imposed if each of the animals, plants, parts or derivatives had been the subject of a separate information.

• 22.1Continuing offence

  If an offence under this Act is committed or continued on more than one day, it is deemed to be a separate offence for each day on which the offence is committed or continued.

• 22.11Application of fines
• 22.11(1)

  All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act, are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the environment or for administering that Fund.

• 22.11(2)Recommendations of court

  The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or an organization specified by the court for a purpose referred to in subsection (1).

• 22.12Orders of court
• 22.12(1)

  If 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 one or more of the following prohibitions, directions or requirements:

• 22.12(1)(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;

• 22.12(1)(b)

  directing the person to take any action that the court considers appropriate to remedy or avoid any harm to any animal or plant to which any provision of this Act applies that resulted or may result from the commission of the offence;

• 22.12(1)(c)

  directing the person to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;

• 22.12(1)(d)

  directing the person to notify, at the person’s own cost and in the manner specified by the court, any person aggrieved or affected by the offender’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;

• 22.12(1)(e)

  directing the person to compensate any person, monetarily or otherwise, in whole or in part, for the cost of any remedial or preventive action taken, caused to be taken or to be taken as a result of the act or omission that constituted the offence, including costs of assessing appropriate remedial or preventive action;

• 22.12(1)(f)

  directing the person to perform community service in accordance with any reasonable conditions that may be specified in the order;

• 22.12(1)(f.1)

  directing the person to pay, in a manner specified by the court, an amount to enable research to be conducted into the protection or conservation of animals or plants;

• 22.12(1)(f.2)

  directing the person to pay, in the manner prescribed by the court, an amount to an educational institution including for scholarships for students enrolled in studies related to the environment;

• 22.12(1)(f.3)

  directing the person to pay, in the manner prescribed by the court, an amount to environmental or other groups to assist in their work in relation to the protection of the species of animal or plant that was the subject of the offence;

• 22.12(1)(g)

  directing the person to post a bond, provide surety or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this subsection;

• 22.12(1)(h)

  directing the person to pay to Her Majesty in right of Canada an amount of money that the court considers appropriate for the purpose of promoting the conservation or protection of animals or plants;