GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22
Offence — persons 22 (1) Every person commits an offence who contravenes (a) any provision of this Act; (b) any provision of the regulations designated by regulations made under paragraph 21(1)(g.1); or (c) any order made under this Act by a court. Penalty — individuals (2) Every individual who commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) 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 (ii) 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; or (b) on summary conviction, (i) 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 (ii) 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. Penalty — other persons (3) Every person, other than an individual or a corporation referred to in subsection (4), that commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or (b) on summary conviction, (i) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000. Penalty — small revenue corporations (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 22.02 to be a small revenue corporation is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and (ii) 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) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000. Relief from minimum fine (5) The court may impose a fine that is less than the minimum amount provided for in this section if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court shall provide reasons if it imposes a fine that is less than the minimum amount provided for in this section. 1992, c. 52, s. 22; 1995, c. 22, s. 18; 2009, c. 14, s. 122
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.01
Offence — persons 22.01 (1) Every person commits an offence who contravenes any provision of the regulations, other than a provision the contravention of which is an offence under subsection 22(1). Penalty — individuals (2) Every individual who commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not more than $100,000, and (ii) for a second or subsequent offence, to a fine of not more than $200,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more than $25,000, and (ii) for a second or subsequent offence, to a fine of not more than $50,000. Penalty — other persons (3) Every person, other than an individual or a corporation referred to in subsection (4), that commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not more than $500,000, and (ii) for a second or subsequent offence, to a fine of not more than $1,000,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more than $250,000, and (ii) for a second or subsequent offence, to a fine of not more than $500,000. Penalty — small revenue corporations (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 22.02 to be a small revenue corporation is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not more than $250,000, and (ii) for a second or subsequent offence, to a fine of not more than $500,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more than $50,000, and (ii) for a second or subsequent offence, to a fine of not more than $100,000. 2009, c. 14, s. 122
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.02
Determination of small revenue corporation status 22.02 For the purpose of sections 22 and 22.01, a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’s gross revenues for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000. 2009, c. 14, s. 122
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.03
Deeming — second and subsequent offence 22.03 (1) For the purposes of subsections 22(2) to (4) and 22.01(2) to (4), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted — under any Act of Parliament, or any Act of the legislature of a province, that relates to environmental or wildlife conservation or protection — of a substantially similar offence. Application (2) Subsection (1) applies only to previous convictions on indictment and to previous convictions on summary conviction, and to previous convictions under any similar procedure under any Act of the legislature of a province, other than a procedure commenced by means of a ticket. 2009, c. 14, s. 122
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.04
Additional fine 22.04 If a person is convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court shall order the person to pay an additional fine in an amount equal to the court’s estimation of the value of that property, benefit or advantage. The additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act. 2009, c. 14, s. 122
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.05
Notice to shareholders 22.05 If a corporation that has shareholders has been convicted of an offence under this Act, the court shall make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed. 2009, c. 14, s. 122
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.06
Contraventions Act 22.06 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. 2009, c. 14, s. 122
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.07
Fundamental purpose of sentencing 22.07 The fundamental purpose of sentencing for offences under this Act is to contribute, in light of the numerous serious threats to plants and animals and their importance to the environment, to respect for the law regulating international and interprovincial trade in animals and plants through the imposition of just sanctions that have as their objectives (a) to deter the offender and any other person from committing offences under this Act; (b) to denounce the unlawful trade in certain animals and plants and to make it unprofitable; and (c) to recover, if possible, certain species of animals and plants unlawfully traded. 2009, c. 14, s. 122
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.08
Sentencing principles 22.08 (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code , the court shall consider the following principles when sentencing a person who is convicted of an offence under this Act: (a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence. Aggravating factors (2) The aggravating factors are the following: (a) the offence caused damage or risk of damage, directly or indirectly, to animals or plants; (b) the offence caused damage or risk of damage to a unique, rare, particularly important or vulnerable species of animal or plant or population of animals or plants; (c) the offender committed the offence intentionally or recklessly; (d) the offender profited, or intended to profit, by committing the offence; (e) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife conservation or protection; and (f) the offence involved a high degree of planning. Absence of aggravating factor (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor. Meaning of damage (4) For the purposes of paragraphs (2)(a) and (b), damage includes loss of use value and non-use value. Reasons (5) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, the court shall give reasons for that decision. 2009, c. 14, s. 122
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.09
Offences involving more than one animal or plant, etc. 22.09 If an offence under this Act involves more than one animal or plant, or part or derivative of an animal or plant, the fine to be imposed in respect of that offence may, despite sections 22 and 22.01, be the total of the fines that would have been imposed if each of the animals, plants, parts or derivatives had been the subject of a separate information. 2009, c. 14, s. 122
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.1
Continuing offence 22.1 If an offence under this Act is committed or continued on more than one day, it is deemed to be a separate offence for each day on which the offence is committed or continued. 2009, c. 14, s. 122
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.11
Application of fines 22.11 (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act , are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the environment or for administering that Fund. Recommendations of court (2) The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or an organization specified by the court for a purpose referred to in subsection (1). 2009, c. 14, s. 122
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.12
unishment imposed and recover the costs of publication from the offender. Debt due to Her Majesty (3) If the court makes an order under paragraph (1)(e) or (h) directing a person to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (2), the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Enforcement (4) If the court makes an order under paragraph (1)(e) directing a person to pay an amount to another person, other than to Her Majesty in right of Canada, and the amount is not paid without delay, that other person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the person who was directed to pay the amount in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. Cancellation or suspension of permits (5) If the court makes an order under paragraph (1)(k), any permit to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate. Coming into force and duration of order (6) An order made under subsection (1) comes into force on the day on which it is made or on any other day that the court may determine and shall not continue in force for more than three years after that day unless the court provides otherwise in the order. 2009, c. 14, s. 122
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.13
Suspended sentence 22.13 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
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.14
Imposition of sentence 22.14 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
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.15
Limitation period 22.15 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
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 22.16
Minister may refuse or suspend permit 22.16 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
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 23
Procedure 23 (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. 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. 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. 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. 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.
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 24
Liability of directors, officers, etc., of corporation 24 (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. 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
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 25
Offences by employees or agents 25 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.
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 26
Venue 26 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.
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 27
Unpaid fees or charges 27 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.
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 27.1
Publication of information about contraventions 27.1 (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. Retention (2) Information in the registry is to be maintained for a minimum of five years. 2009, c. 14, s. 124
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 28
Report to Parliament 28 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.
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 28.1
Review 28.1 (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. 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
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 Coming into force
Coming into force * 30 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. * [Note: Act in force May 14, 1996, see SI/96-41.]
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 85
Transitional re Bill C-42 85 If Bill C-42, introduced in the third session of the thirty-fourth Parliament and entitled An Act respecting the protection of certain species of wild animals and plants and the regulation of international and interprovincial trade in those species, is assented to, then, on the later of a day to be fixed by order of the Governor in Council under this section and the day on which section 23 of that Act comes into force, the heading preceding section 23 and section 23 of that Act are repealed.