An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment (S.C. 2009, c. 14)
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Assented to 2009-06-18
Marginal note:2002, c. 18, s. 31.4; 2003, c. 22, par. 224(q)(E)
31. Subsections 23(2) and (3) of the French version of the Act are replaced by the following:
Marginal note:Confiscation de plein droit
(2) Dans le cas où leur propriétaire — ou la personne qui a droit à leur possession — ne peut être identifié dans les trente jours suivant la saisie, les objets, ou le produit de leur disposition, sont confisqués au profit de Sa Majesté du chef du Canada, si le garde ou l’agent saisissant est un fonctionnaire de l’administration publique fédérale, ou au profit de Sa Majesté du chef d’une province, si l’agent saisissant est un employé d’une autorité provinciale, municipale ou locale ou d’un gouvernement autochtone.
Marginal note:Biens périssables
(3) Le garde ou l’agent peut disposer, notamment par destruction, des objets saisis périssables; le produit de leur disposition est soit remis à leur propriétaire ou à la personne qui a droit à leur possession, soit, lorsque des poursuites fondées sur la présente loi ont été intentées dans les quatre-vingt-dix jours suivant la saisie, retenu par le garde ou l’agent jusqu’au règlement de l’affaire.
32. The Act is amended by adding the following after section 23:
Marginal note:Liability for costs
23.1 If a thing is seized under this Act, the person who owned the thing at the time that 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.
33. Section 24 of the Act is replaced by the following:
Marginal note:Offence
24. (1) Every person who contravenes section 13, subsection 32(1) or a provision of the regulations designated by regulations made under paragraph 16(1)(y) is guilty of an offence and liable
(a) on conviction on indictment,
(i) in the case of an individual,
(A) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
(A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or
(b) on summary conviction,
(i) in the case of an individual,
(A) for a first offence, to a fine of not less than $5,000 and not more than $300,000, and
(B) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
(A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.
Marginal note:Contravention of other provisions of regulations or of conditions of permits, etc.
(2) Every person who contravenes any provision of the regulations, other than a provision designated by regulations made under paragraph 16(1)(y), or any condition of a permit, licence or other authorizing instrument issued under the regulations, is guilty of an offence and liable
(a) on conviction on indictment,
(i) in the case of an individual,
(A) for a first offence, to a fine of not more than $100,000, and
(B) for a second or subsequent offence, to a fine of not more than $200,000,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(A) for a first offence, to a fine of not more than $500,000, and
(B) for a second or subsequent offence, to a fine of not more than $1,000,000, and
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
(A) for a first offence, to a fine of not more than $250,000, and
(B) for a second or subsequent offence, to a fine of not more than $500,000; or
(b) on summary conviction,
(i) in the case of an individual,
(A) for a first offence, to a fine of not more than $25,000, and
(B) for a second or subsequent offence, to a fine of not more than $50,000,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(A) for a first offence, to a fine of not more than $250,000, and
(B) for a second or subsequent offence, to a fine of not more than $500,000, and
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
(A) for a first offence, to a fine of not more than $50,000, and
(B) for a second or subsequent offence, to a fine of not more than $100,000.
34. Subsections 25(1) and (2) of the Act are replaced by the following:
Marginal note:Trafficking in wild animals, etc.
25. (1) Except as permitted by the regulations, no person shall traffic in any wild animal, whether living or dead, at any developmental stage, in any part of or any derivative of, or in any egg or embryo of, a wild animal — or in any plant or part of a plant or in any other naturally occurring object or product of natural phenomena — taken in or from a park.
Marginal note:Offence
(2) Every person who contravenes subsection (1) is guilty of an offence and liable
(a) on conviction on indictment,
(i) in the case of an individual,
(A) for a first offence, to a fine of not less than $7,500 and not more than $500,000 or to imprisonment for a term of not more than one year, or to both, and
(B) for a second or subsequent 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 one year, or to both,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(A) for a first offence, to a fine of not less than $400,000 and not more than $5,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $800,000 and not more than $10,000,000, and
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
(A) for a first offence, to a fine of not less than $25,000 and not more than $3,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $6,000,000; or
(b) on summary conviction,
(i) in the case of an individual,
(A) for a first offence, to a fine of not less than $4,000 and not more than $225,000 or to imprisonment for a term of not more than six months, or to both, and
(B) for a second or subsequent offence, to a fine of not less than $8,000 and not more than $450,000 or to imprisonment for a term of not more than six months, or to both,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(A) for a first offence, to a fine of not less than $50,000 and not more than $3,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $100,000 and not more than $6,000,000, and
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
(A) for a first offence, to a fine of not less than $15,000 and not more than $1,250,000, and
(B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,500,000.
35. (1) Subsections 26(1) to (4) of the Act are replaced by the following:
Marginal note:Hunting, trafficking or possessing
26. (1) Except as permitted by the regulations, no person shall
(a) hunt, in a park, any wild animal of a species named in Part 1 of Schedule 3;
(b) traffic in or possess, in a park, any wild animal of a species named in Part 1 of Schedule 3, whether living or dead, at any developmental stage, or any egg or embryo, or any part or derivative, of any such animal; or
(c) traffic in or possess any wild animal of a species named in Part 1 of Schedule 3, whether living or dead, at any developmental stage, taken from a park, or any egg or embryo, or any part or derivative, of any such animal that was taken from a park.
Marginal note:Offence
(2) Every person who contravenes subsection (1) is guilty of an offence and liable
(a) on conviction on indictment,
(i) in the case of an individual,
(A) 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
(B) 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,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
(A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or
(b) on summary conviction,
(i) in the case of an individual,
(A) 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
(B) 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,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000, and
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
(A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and
(B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.
Marginal note:Hunting, trafficking or possessing
(3) Except as permitted by the regulations, no person shall
(a) hunt, in a park, any wild animal of a species named in Part 2 of Schedule 3;
(b) traffic in or possess, in a park, any wild animal of a species named in Part 2 of Schedule 3, whether living or dead, at any developmental stage, or any egg or embryo, or any part or derivative, of any such animal; or
(c) traffic in or possess any wild animal of a species named in Part 2 of Schedule 3, whether living or dead, at any developmental stage, taken from a park, or any egg or embryo, or any part or derivative, of any such animal that was taken from a park.
Marginal note:Offence
(4) Every person who contravenes subsection (3) is guilty of an offence and liable
(a) on conviction on indictment,
(i) in the case of an individual,
(A) for a first offence, to a fine of not less than $10,000 and not more than $750,000 or to imprisonment for a term of not more than five years, or to both, and
(B) for a second or subsequent offence, to a fine of not less than $20,000 and not more than $1,500,000 or to imprisonment for a term of not more than five years, or to both,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(A) for a first offence, to a fine of not less than $450,000 and not more than $5,500,000, and
(B) for a second or subsequent offence, to a fine of not less than $900,000 and not more than $11,000,000, and
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
(A) for a first offence, to a fine of not less than $50,000 and not more than $3,500,000, and
(B) for a second or subsequent offence, to a fine of not less than $100,000 and not more than $7,000,000; or
(b) on summary conviction,
(i) in the case of an individual,
(A) for a first offence, to a fine of not less than $4,500 and not more than $250,000 or to imprisonment for a term of not more than six months, or to both, and
(B) for a second or subsequent offence, to a fine of not less than $9,000 and not more than $500,000 or to imprisonment for a term of not more than six months, or to both,
(ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii),
(A) for a first offence, to a fine of not less than $75,000 and not more than $3,500,000, and
(B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $7,000,000, and
(iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation,
(A) for a first offence, to a fine of not less than $20,000 and not more than $1,500,000, and
(B) for a second or subsequent offence, to a fine of not less than $40,000 and not more than $3,000,000.
(2) The definition “wildlife” in subsection 26(5) of the Act is repealed.
(3) Subsection 26(6) of the Act is replaced by the following:
Marginal note:Amendments to Schedule 3
(6) The Governor in Council may, by regulation, amend Part 1 or 2 of Schedule 3 by adding the name of any species of wild animal or by deleting the name of any species of wild animal.
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