Canada National Parks Act

Marginal note:Hunting, trafficking or possessing

• 26 (1) Except as permitted by this Act or 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 this Act or 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.

• Marginal note:Definitions

  (5) The definitions in this subsection apply in this section.

  hunt

  hunt means to kill, injure, seize, capture or trap, or to attempt to do so, and includes to pursue, stalk, track, search for, lie in wait for or shoot at for any of those purposes. (chasser)

  possess

  possess, in relation to any person, includes knowingly having any thing in any place, whether or not that place belongs to or is occupied by the person, for his or her own use or benefit or for that of another person. (possession)

  wildlife

  wildlife[Repealed, 2009, c. 14, s. 35]

• 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.