Migratory Birds Convention Act, 1994 (S.C. 1994, c. 22)

Act current to 2014-10-15 and last amended on 2010-12-10. Previous Versions

APPLICATION

Marginal note:Application

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

  • 2005, c. 23, s. 2.

HER MAJESTY

Marginal note:Binding on Her Majesty

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

PURPOSE

Marginal note:Purpose

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

  • 1994, c. 22, s. 4;
  • 2005, c. 23, s. 3

PROHIBITIONS

Marginal note:Prohibition

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

  • (a) be in possession of a migratory bird or nest; or

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

Marginal note:Prohibition
  •  (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.

  • Marginal note:Prohibition

    (2) 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.

  • Marginal note:Saving

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

    • (a) the deposit is authorized under the Canada Shipping Act, 2001; or

    • (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.

  • 2005, c. 23, ss. 4, 45.
Marginal note:Prohibition

 No person shall

  • (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;

  • (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;

  • (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

  • (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.

  • 2005, c. 23, ss. 4, 46.