Migratory Birds Convention Act, 1994

Marginal note:Definitions

• 2 (1) In this Act,

  Convention

  convention

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

  conveyance

  moyen de transport

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

  migratory bird

  oiseau migrateur

  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)

  Minister

  ministre

  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)

  nest

  nid

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

• Marginal note:Possession

  (2) For the purposes of this Act,

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

    • (i) has it in the actual possession or custody of another person, or

    • (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

  • (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.

• Marginal note:Aboriginal and treaty rights

  (3) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.