GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Migratory Birds Convention Act, 1994 — M-7.01 11.23
Notice of intent 11.23 (1) Except in exigent circumstances, a game officer shall, whenever practicable, before issuing an order, (a) provide every person who will be subject to the order with an oral or written notice of the officer’s intention to issue it; and (b) allow a reasonable opportunity in the circumstances for the person to make oral representations. Contents of notice of intent (2) The notice of intent to issue the order must include (a) a statement of the purpose of the notice; (b) a reference to the statutory authority under which the order is to be issued; and (c) a statement that the party notified may make oral representations to the game officer within the period stated in the notice. 2009, c. 14, s. 100
Migratory Birds Convention Act, 1994 — M-7.01 11.24
Compliance with order 11.24 (1) A person to whom an order is directed shall, immediately on receipt of the order or a copy of it, or on being directed by a game officer in an order given orally under subsection 11.22(1), comply with the order. No bar to proceedings (2) The issuance of or compliance with an order in respect of a person’s alleged contravention of this Act or the regulations is not a bar to any proceedings against the person under this or any other Act in relation to the alleged contravention. 2009, c. 14, s. 100
Migratory Birds Convention Act, 1994 — M-7.01 11.25
Intervention by game officer 11.25 (1) If a person to whom an order is directed fails to take any measures specified in the order, a game officer may take the measures or cause them to be taken. Access to property (2) A game officer or other person authorized or required by a game officer to take measures under subsection (1) may enter and have access to any place or property and may do any reasonable thing that may be necessary in the circumstances. Personal liability (3) Any person, other than a person described in subsection 11.21(2), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized or required by a game officer under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith. 2009, c. 14, s. 100
Migratory Birds Convention Act, 1994 — M-7.01 11.26
Recovery of reasonable costs and expenses by Her Majesty 11.26 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to any measures taken under subsection 11.25(1) from (a) any person referred to in paragraph 11.21(2)(a); or (b) any person referred to in paragraph 11.21(2)(b) to the extent of the person’s negligence in causing or contributing to the alleged contravention. Costs must have been reasonably incurred (2) The costs and expenses may only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances. Liability (3) The persons referred to in subsection (1) are jointly and severally, or solidarily, liable for the costs and expenses referred to in that subsection. Limitation (4) A person referred to in paragraph 11.21(2)(b) may not be held liable under subsection (3) to an extent greater than the extent of their negligence in causing or contributing to the alleged contravention. Procedure (5) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken in the name of Her Majesty in right of Canada in any court of competent jurisdiction. Recourse or indemnity (6) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person. Limitation period (7) If events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted more than five years after the day on which the events occur or become evident to the Minister, whichever is later. Minister’s certificate (8) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document is to be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof. 2009, c. 14, s. 100
Migratory Birds Convention Act, 1994 — M-7.01 11.27
Request for review 11.27 (1) Any person to whom an order is directed may, by notice in writing given to the Environmental Protection Tribunal of Canada within 30 days after the day on which the person receives a copy of the written order or after the oral order is given, make a request to the Environmental Protection Tribunal of Canada for a review of the order. Extension of period for request (2) The Chairperson of the Environmental Protection Tribunal of Canada, or any member of the Tribunal that they may designate, may extend the period within which a request for a review may be made if, in their opinion, it is in the public interest to do so. 2009, c. 14, s. 100 2026, c. 3, s. 531 2026, c. 3, s. 548
Migratory Birds Convention Act, 1994 — M-7.01 11.28
Variation or cancellation of order 11.28 (1) At any time before the Environmental Protection Tribunal of Canada receives a notice requesting a review of an order, the game officer may, after giving reasonable notice, (a) amend or suspend a term or condition of the order, or add a term or condition to, or delete a term or condition from, the order; (b) cancel the order; (c) correct a clerical error in the order; or (d) extend the duration of the order for a period of not more than 180 days less the number of days that have passed since the day on which the order was received by the person who is subject to it. Notice of intent (2) Except in exigent circumstances, a game officer shall, whenever practicable, before exercising a power under paragraph (1)(a) or (d), (a) provide every person who will be subject to the order with an oral or written notice of the officer’s intention to exercise the power; and (b) allow a reasonable opportunity in the circumstances for the person to make oral representations. Contents of notice of intent (3) The notice of intent to exercise a power under paragraph (1)(a) must include (a) a statement of the purpose of the notice; (b) a reference to the statutory authority under which the power is to be exercised; and (c) a statement that the party notified may make oral representations to the game officer within the period stated in the notice. 2009, c. 14, s. 100 2026, c. 3, s. 532
Migratory Birds Convention Act, 1994 — M-7.01 11.29
Regulations 11.29 The Minister may make regulations (a) prescribing the form of reporting to game officers under subparagraph 11.21(3)(f)(ii) and specifying the information required to be contained in or to accompany the report; and (b) of either particular or general application, respecting representations made to game officers under paragraph 11.23(1)(b) or 11.28(2)(b). 2009, c. 14, s. 100
Migratory Birds Convention Act, 1994 — M-7.01 11.3
Review 11.3 Sections 257 to 271 of the Canadian Environmental Protection Act, 1999 apply, with any modifications that the circumstances require, to a review requested of any order. 2009, c. 14, s. 100
Migratory Birds Convention Act, 1994 — M-7.01 13
Offence — persons 13 (1) Every person commits an offence who (a) contravenes section 5, subsection 5.1(1) or (2), paragraph 5.2(a), (c) or (d), subsection 5.3(1), 8.1(6), or 11.24(1); (b) knowingly contravenes paragraph 5.2(b); (c) contravenes any provision of the regulations designated by regulations made under paragraph 12(1)(l); (d) contravenes an order made under subsection 8.1(1) or (2); or (e) contravenes an order made by a court under this Act. 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 three 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 three 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 13.02 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. 1994, c. 22, s. 13; 2005, c. 23, s. 9; 2009, c. 14, s. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.01
Offence — persons 13.01 (1) Every person commits an offence who (a) contravenes any provision of this Act or the regulations, other than a provision the contravention of which is an offence under subsection 13(1); (b) negligently contravenes paragraph 5.2(b); or (c) contravenes an order or direction made under this Act, other than an order the contravention of which is an offence under subsection 13(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 13.02 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. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.02
Determination of small revenue corporation status 13.02 For the purpose of sections 13 and 13.01, 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. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.03
Offence — vessels 13.03 (1) Every vessel commits an offence that contravenes (a) section 5.1; (b) any provision of the regulations designated by regulations made under paragraph 12(1)(l); or (c) an order or a direction made under this Act, including one made by a court. Penalty — vessels of 7 500 tonnes deadweight or over (2) Every vessel of 7 500 tonnes deadweight or over 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 — other vessels (3) Every other vessel 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 $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. 2009, c. 14, s. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.04
Offences — vessels 13.04 (1) Every vessel commits an offence that contravenes any provision of this Act or the regulations, other than a provision the contravention of which is an offence under subsection 13.03(1). Penalty — vessels of 7 500 tonnes deadweight or over (2) Every vessel of 7 500 tonnes deadweight or over 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 — other vessels (3) Every other vessel 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 $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. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.05
Deeming — second and subsequent offence 13.05 (1) For the purposes of subsections 13(2) to (4), 13.01(2) to (4), 13.03(2) and (3) and 13.04(2) and (3), 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. 2009, c. 14, s. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.06
Relief from minimum fine 13.06 The court may impose a fine that is less than the minimum amount provided for in section 13 or 13.03, as the case may be, 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 any of those sections. 2009, c. 14, s. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.07
Additional fine 13.07 If a person or vessel 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 — or, if the offender is a vessel, the owner or operator of the vessel — acquired any property, benefit or advantage, the court shall order the offender 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. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.08
Notice to shareholders 13.08 If a corporation that has shareholders is 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. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.09
Fundamental purpose of sentencing 13.09 The fundamental purpose of sentencing for offences under this Act is to contribute, in light of the long-standing recognition of the social, cultural and environmental importance of migratory birds, to respect for the law protecting and conserving migratory birds and their nests 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 unlawful conduct that damages or creates a risk of damage to migratory birds or their nests; and (c) to reinforce the “polluter pays” principle and to restore migratory birds and their habitats. 2009, c. 14, s. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.1
Sentencing principles 13.1 (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 to migratory birds or their nests; (b) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable population of migratory birds; (c) the damage caused by the offence is extensive, persistent or irreparable; (d) the offender committed the offence intentionally or recklessly; (e) the offender failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so; (f) by committing the offence or failing to take action to prevent its commission, the offender increased revenue or decreased costs or intended to increase revenue or decrease costs; (g) the offender committed the offence despite having been warned by a game officer of the circumstances that subsequently became the subject of the offence; (h) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife conservation or protection; and (i) after the commission of the offence, the offender (i) attempted to conceal its commission, (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or (iii) failed to take prompt action to reduce the risk of committing similar offences in the future. 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) to (c), 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. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.11
Proceedings against vessels 13.11 (1) The provisions of this Act and the Criminal Code relating to indictable or summary conviction offences that apply to persons apply also to vessels, with any modifications that the circumstances require. Direction binds vessel (2) For the purpose of prosecuting a vessel for contravening a direction or an order made under this Act, other than an order made under section 11.21, any direction or order made under this Act that is given to the master or a crew member of the vessel binds the vessel as though it had been given to the vessel. Service (3) If a vessel is charged with having committed an offence under this Act, the summons may be served by leaving it with the owner, operator, master or any officer of the vessel or by posting the summons on some conspicuous part of the vessel. Appearance at trial (4) If a vessel is charged with having committed an offence under this Act, the vessel may appear by counsel or representative. Despite the Criminal Code , if the vessel does not so appear, a court may, on proof of service of the summons, proceed to hold the trial. Proof of offence — vessel (5) In a prosecution of a vessel for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by a person on board the vessel, whether or not the person is identified or prosecuted for the offence. 2009, c. 14, s. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.12
Liability of directors, officers, etc., of corporation 13.12 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 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. 2009, c. 14, s. 102