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

Marginal note:Suspended sentence

• 17 (1) If a person or vessel is convicted of an offence and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order under section 16.

• Marginal note:Imposition of sentence

  (2) If the person or vessel does not comply with the order or is convicted of another offence within three years after the order was made, the court may, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended.

Marginal note:Civil remedies not affected

• 17.1 (1) No civil remedy for any conduct is suspended or affected by reason only that the conduct is an offence under this Act.

• Marginal note:Remedies not repealed, etc.

  (2) Nothing in this Act repeals, removes or reduces any remedy available under a law in force in Canada.

• Marginal note:Compensation for cost of remedial or preventive action

  (3) A court shall not, under paragraph 16(1)(d), order an offender to compensate a person for the cost of any remedial or preventive action referred to in that paragraph if the person is entitled to make a claim for compensation for that cost under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.

• Marginal note:Compensation for loss or damage — property

  (4) A court shall not, under subsection 16(2), order an offender to pay to a person compensation for loss of or damage to property if the person is entitled to make a claim for compensation for that loss or damage under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.

Marginal note:Limitation period

18 No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years.

Marginal note:Documents, records and data

18.1 In a proceeding under this Act, a document, a record or data that is required to be kept under this Act or the Canada Shipping Act, 2001 is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in it.

Marginal note:Analyst’s certificate

• 18.2 (1) In a proceeding under this Act, a certificate that appears to be signed by an analyst, that states that an article, sample or substance has been analysed or examined by the analyst and that contains the results of the analysis or examination, is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

• Marginal note:Requiring attendance of analyst

  (2) The party against whom a certificate is produced may, with leave of the court, require the analyst’s attendance for the purposes of cross-examination.

• Marginal note:Notice of intention to produce certificate

  (3) No certificate may be admitted in evidence unless, before the trial, the party that intends to produce it gives reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced.

• Marginal note:Proof of service

  (4) Service of a certificate may be proved by oral evidence given under oath by the person who claims to have served it, or by that person’s affidavit or solemn declaration.

• Marginal note:Attendance for examination

  (5) Despite subsection (4), the court may require the person who appears to have signed the affidavit or solemn declaration to appear before it for examination or cross-examination in respect of the issue of proof of service.

• Marginal note:Definition of analyst

  (6) For the purposes of this section, analyst means a person who is recognized by a laboratory or research centre as having the authority to perform the analysis or examination that is the subject of the certificate.

Marginal note:Publication of information about contraventions

• 18.21 (1) For the purpose of encouraging compliance with this Act and the regulations, the Minister shall maintain, in a registry accessible to the public, information about all convictions of corporations for offences under this Act.

• Marginal note:Retention

  (2) Information in the registry is to be maintained for a minimum of five years.

Marginal note:Minister may refuse or suspend permit

18.22 The Minister may refuse to issue a permit under this Act, or may cancel such a permit, if the applicant or the holder has been convicted of an offence under this Act.

Marginal note:Contraventions Act

18.23 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.

Marginal note:Review

• 18.24 (1) The Minister shall, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 13 to 18.23.

• Marginal note:Report to Parliament

  (2) The Minister shall, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.

Application of Criminal Law

Marginal note:Offences deemed committed in Canada

• 18.3 (1) An act or omission that is an offence under this Act — or that is committed by or against a person who is engaged in carrying out duties or functions, or exercising a power, under this Act or a person acting under their direction and control and that would be an offence under the Criminal Code if it were committed in Canada — is deemed to be committed in Canada if it is committed in the exclusive economic zone of Canada.

• Marginal note:Offences deemed committed in Canada

  (2) An act or omission that would be an offence under this Act if it were committed in Canada — or that is committed by or against a person who is engaged in carrying out duties or functions, or exercising a power, under this Act or a person acting under their direction and control and that would be an offence under the Criminal Code if it were committed in Canada — is deemed to be committed in Canada if it is committed at any place on the seas, other than a place that is in the territorial sea or internal waters of a state other than Canada, in the course of hot pursuit of a vessel that commenced while the vessel was in Canadian waters or in the exclusive economic zone of Canada.

• Marginal note:Exercising powers of arrest, entry, etc.

  (3) Every power — including arrest, entry, search and seizure — that may be exercised in Canada in respect of an offence under this Act or under the Criminal Code may, in respect of an offence referred to in subsection (1), be exercised in the exclusive economic zone of Canada and, in respect of an offence referred to in subsection (2), be exercised at any place on the seas other than a place that is in the territorial sea or internal waters of a state other than Canada.

• Marginal note:Consent of Attorney General of Canada

  (4) The powers referred to in subsection (3) may not be exercised in relation to a foreign vessel, or to a foreign national on board a foreign vessel, without the consent of the Attorney General of Canada.

• Marginal note:Jurisdiction of justice or judge

  (5) A justice, as defined in section 2 of the Criminal Code, or a judge in any territorial division in Canada has jurisdiction to authorize an arrest, entry, search or seizure in connection with an offence referred to in subsection (1) or (2) as if the offence had been committed in that territorial division.

• Marginal note:Consent of Attorney General of Canada

  (6) A proceeding that is commenced in respect of an offence referred to in subsection (1) or (2) shall not be continued if the accused is a foreign vessel, or if the accused is a foreign national and the offence was committed while the accused was on board a foreign vessel, unless the Attorney General of Canada consents to the continuation no later than eight days after the proceeding is commenced.

Marginal note:Jurisdiction of courts

18.4 A proceeding in respect of an offence referred to in subsection 18.3(1) or (2) may be commenced in any territorial division in Canada whether or not the accused is in Canada, and the accused may be tried and punished for that offence as if the offence had been committed in that territorial division.

18.5 [Repealed, 2009, c. 14, s. 107]

Ticketable Offences

Marginal note:Procedure

• 19 (1) In addition to the procedures set out in the Criminal Code for commencing a proceeding, proceedings in respect of any offence prescribed by the regulations may be commenced by a game officer

  • (a) completing a ticket that consists of a summons portion and an information portion;

  • (b) delivering the summons portion to the accused or mailing it to the accused at the accused’s latest known address; and

  • (c) filing the information portion with a court of competent jurisdiction before the summons portion has been delivered or mailed or as soon as is practicable afterward.

• Marginal note:Content of ticket

  (2) The summons and information portions of the ticket must

  • (a) set out a description of the offence and the time and place of its alleged commission;

  • (b) include a statement, signed by the game officer who completes the ticket, that the officer has reasonable grounds to believe that the accused committed the offence;

  • (c) set out the amount of the fine prescribed for the offence by the regulations and the manner in which and period within which it may be paid;

  • (d) include a statement that if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; and

  • (e) include a statement that if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court on the day and at the time set out in the ticket.

• Marginal note:Notice of forfeiture

  (3) Where a thing is seized under this Act and proceedings relating to it are commenced by way of the ticketing procedure, the game officer who completes the ticket shall give written notice to the accused that, if the accused pays the prescribed fine within the period set out in the ticket, the thing, or any proceeds of its disposition, will be immediately forfeited to Her Majesty.

• Marginal note:Consequences of payment

  (4) Where an accused to whom the summons portion of a ticket is delivered or mailed pays the prescribed fine within the period set out in the ticket,

  • (a) the payment constitutes a plea of guilty to the offence and a conviction must be entered against the accused and no further action may be taken against the accused in respect of that offence; and

  • (b) notwithstanding section 9, any thing seized from the accused under this Act in relation to the offence, or any proceeds of its disposition, are forfeited to

    • (i) Her Majesty in right of Canada, if the thing was seized by a game officer employed in the federal public administration, or

    • (ii) Her Majesty in right of a province, if the thing was seized by a game officer employed by the government of that province.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations prescribing

  • (a) offences in respect of which this section applies and the manner in which the offences are to be described in tickets; and

  • (b) the amount of the fine for a prescribed offence, but the amount may not exceed $1,000.