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Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (S.C. 1992, c. 52)

Act current to 2020-09-09 and last amended on 2017-07-12. Previous Versions

Offence and Punishment (continued)

Marginal note:Suspended sentence

 If a person is convicted of an offence under this Act and the court suspends the passing of sentence pursuant to paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order directing the person to comply with any prohibition, direction or requirement mentioned in section 22.12.

  • 2009, c. 14, s. 122

Marginal note:Imposition of sentence

 If a person whose sentence has been suspended fails to comply with an order made under 22.12 or is convicted, within three years after the day on which the order was made, of another offence under this Act, 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.

  • 2009, c. 14, s. 122

Marginal note:Limitation period

 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.

  • 2009, c. 14, s. 122

Marginal note:Minister may refuse or suspend permit

 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.

  • 2009, c. 14, s. 122

Ticketable Offences

Marginal note:Procedure

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

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

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

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

  • Marginal note:Content of ticket

    (2) The summons and information portions of a ticket shall

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

    • (b) include a statement, signed by the 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 prescribed fine for the offence 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 and at the time set out in the ticket.

  • Marginal note:Notice of forfeiture

    (3) Where any thing is seized under this Act and proceedings relating to the thing are commenced by way of the ticketing procedure described in subsection (1), the 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 realized from its disposition, shall thereupon be 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 described in the ticket and a conviction shall be entered against the accused and no further action shall be taken against the accused in respect of that offence; and

    • (b) any thing seized from the accused under this Act relating to the offence described in the ticket, or any proceeds realized from its disposition, are forfeited to Her Majesty and may be disposed of as the Minister directs.

  • Marginal note:Regulations

    (5) The Governor in Council may make regulations prescribing

    • (a) offences under this Act to which this section applies and the manner in which those offences may be described in tickets; and

    • (b) the amount of the fine for a prescribed offence, which amount shall not exceed one thousand dollars.

General

Marginal note:Liability of directors, officers, etc., of corporation

  •  (1) If a corporation commits an offence under this Act, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the penalty provided for by this Act for an individual in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted or convicted.

  • Marginal note:Directors’ duties

    (2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with

    • (a) this Act and the regulations; and

    • (b) orders made under this Act.

  • 1992, c. 52, s. 24
  • 2009, c. 14, s. 123

Marginal note:Offences by employees or agents

 In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

Marginal note:Venue

 A prosecution for an offence under this Act may be instituted, heard and determined in the place where the offence was committed or the subject-matter of the prosecution arose, where the accused was apprehended or where the accused happens to be, or is carrying on business.

Marginal note:Unpaid fees or charges

 Where any fee or charge imposed under this Act is unpaid, the fee or charge, as the case may be, may be recovered from the person on whom it was imposed as a debt due to Her Majesty.

Marginal note:Publication of information about contraventions

  •  (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.

  • 2009, c. 14, s. 124

Marginal note:Report to Parliament

 The Minister shall annually prepare a report with respect to the administration of this Act during the preceding calendar year and shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days that the House is sitting after its completion.

Marginal note:Review

  •  (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 22 to 22.16.

  • 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.

  • 2009, c. 14, s. 125

Repeal

 [Repeal]

Coming into Force

Marginal note:Coming into force

Footnote * This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council.

 
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