Canada Wildlife Act (R.S.C., 1985, c. W-9)

Act current to 2017-12-11 and last amended on 2017-07-12. Previous Versions

Marginal note:Other agreements
  •  (1) Subject to subsection (2), the Minister may enter into an agreement for the purposes set out in paragraphs 5(a) and (b) with any municipal authority or other organization or with any person, subject to the provisions of section 6, with such modifications as the circumstances require.

  • Marginal note:Provincial approval

    (2) The Minister shall not conclude any agreement referred to in subsection (1) except with the approval of the government of the province in which the program or measure to which the agreement relates is to be implemented or the property to which the agreement relates is situated.

  • 1973-74, c. 21, s. 7.

Endangered Wildlife

Marginal note:Measures for protection

 The Minister may, in cooperation with one or more provincial governments having an interest therein, take such measures as the Minister deems necessary for the protection of any species of wildlife in danger of extinction.

  • R.S., 1985, c. W-9, s. 8;
  • 1994, c. 23, s. 10(F).

Acquisition of Lands

Marginal note:Acquisition of Lands
  •  (1) The Governor in Council may autho­rize the Minister to lease any lands, or purchase or acquire any lands or any interests or rights in any lands, for the purpose of research, conservation and interpretation in respect of

    • (a) migratory birds; or

    • (b) with the agreement of the government of the province having an interest therein, other wildlife.

  • Marginal note:Restrictions

    (2) Lands or interests or rights in lands purchased or acquired under subsection (1) shall not be disposed of, and no person shall use or occupy the lands, except under the authority of this Act or the regulations.

  • Marginal note:Disposition or lease of lands

    (3) The Minister may authorize the disposition or lease of lands purchased or acquired under subsection (1) if, in the opinion of the Governor in Council, the disposition or lease is compatible with wildlife research, conservation and interpretation.

  • R.S., 1985, c. W-9, s. 9;
  • 1994, c. 23, s. 11(F);
  • 2004, c. 25, s. 115.

General

Marginal note:Property acquired by gift or bequest

 Where Her Majesty has acquired any money, securities or other property by gift, bequest or otherwise for any purpose relating to wildlife, the Minister shall expend, administer or dispose of the money, securities or other property subject to the terms, if any, on which the money, securities or other property was given, bequeathed or otherwise made available to Her Majesty.

  • R.S., 1985, c. W-9, s. 10;
  • 1994, c. 23, s. 12(F);
  • 2004, c. 25, s. 116(F).
Marginal note:Designation of wildlife officers and analysts
  •  (1) The Minister may designate any person or class of persons to act as wildlife officers or analysts for the purposes of this Act and the regulations.

  • Marginal note:Designation of provincial government employees

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

  • Marginal note:Certificate of designation

    (3) Every wildlife officer and analyst must be provided with a certificate of his or her designation as a wildlife officer, or as an analyst, as the case may be, in a form approved by the Minister and, on entering any place under this Act, the officer or analyst shall, if so requested, show the certificate to the occupant or person in charge of the place.

  • Marginal note:Powers of peace officers

    (4) For the purposes of this Act and the regulations, wildlife 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.

  • Marginal note:Exemptions for law enforcement activities

    (5) 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 wildlife 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.

  • Marginal note:Obstruction

    (6) When a wildlife officer or an analyst is carrying out duties or functions under this Act or the regulations, no person shall

    • (a) knowingly make any false or misleading statement either orally or in writing to the wildlife officer or analyst; or

    • (b) otherwise wilfully obstruct the wildlife officer or analyst.

  • R.S., 1985, c. W-9, s. 11;
  • 1994, c. 23, s. 13;
  • 2009, c. 14, s. 42.
Marginal note:Inspections
  •  (1) For the purpose of ensuring compliance with this Act and the regulations, a wildlife officer may, subject to subsection (3), 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 or the regulations apply or any document relating to the administration of this Act or the regulations, and the wildlife officer may

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

    • (b) inspect the thing and take samples free of charge;

    • (c) require any person to produce the document for inspection or copying, in whole or in part; and

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

  • Marginal note:Analysts

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

  • Marginal note:Conveyance

    (2) For the purposes of carrying out the inspection, the wildlife 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.

  • Marginal note:Dwelling-place

    (3) The wildlife 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.

  • Marginal note:Warrant

    (4) Where on ex parte application a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath that

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

    • (b) entry to the dwelling-place is necessary in relation to the administration of this Act or the regulations, and

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

    the justice may issue a warrant authorizing the wildlife officer to enter the dwelling-place subject to any conditions that may be specified in the warrant.

  • 1994, c. 23, s. 13;
  • 2009, c. 14, s. 43.
Marginal note:Right of passage

 While carrying out duties or functions under this Act, wildlife 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.

  • 2009, c. 14, s. 44.
Marginal note:Assistance

 The owner or person in charge of a place being inspected under section 11.1, and every person found in the place, shall

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

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

  • 2009, c. 14, s. 44.
Marginal note:Immunity

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

  • 2009, c. 14, s. 44.
Marginal note:Search and seizure without warrant

 For the purpose of ensuring compliance with this Act and the regulations, a wildlife officer may exercise the powers of search and seizure provided 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 the warrant.

  • 1994, c. 23, s. 13.
 
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