GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Species at Risk Act — S-15.3 79
Notification of Minister 79 (1) Every person who is required by or under an Act of Parliament to ensure that an assessment of the environmental effects of a project is conducted, and every authority who makes a determination under paragraph 82(a) or (b) of the Impact Assessment Act in relation to a project, must, without delay, notify the competent minister or ministers in writing of the project if it is likely to affect a listed wildlife species or its critical habitat. Required action (2) The person must identify the adverse effects of the project on the listed wildlife species and its critical habitat and, if the project is carried out, must ensure that measures are taken to avoid or lessen those effects and to monitor them. The measures must be taken in a way that is consistent with any applicable recovery strategy and action plans. Definitions (3) The following definitions apply in this section. person includes an association, an organization, a federal authority as defined in section 2 of the Impact Assessment Act , and any body that is set out in Schedule 4 to that Act. ( personne ) project means (a) a designated project as defined in section 2 of the Impact Assessment Act or a project as defined in section 81 of that Act; (b) a project as defined in subsection 2(1) of the Yukon Environmental and Socio-economic Assessment Act ; or (c) a development as defined in subsection 111(1) of the Mackenzie Valley Resource Management Act . ( projet ) 2002, c. 29, s. 79; 2012, c. 19, s. 59; 2017, c. 26, s. 49(F) 2019, c. 28, s. 175
Species at Risk Act — S-15.3
person includes an association, an organization, a federal authority as defined in section 2 of the Impact Assessment Act , and any body that is set out in Schedule 4 to that Act. ( personne )
Species at Risk Act — S-15.3 (a)
project means (a) a designated project as defined in section 2 of the Impact Assessment Act or a project as defined in section 81 of that Act; (b) a project as defined in subsection 2(1) of the Yukon Environmental and Socio-economic Assessment Act ; or (c) a development as defined in subsection 111(1) of the Mackenzie Valley Resource Management Act . ( projet )
Species at Risk Act — S-15.3 80
Emergency order 80 (1) The Governor in Council may, on the recommendation of the competent minister, make an emergency order to provide for the protection of a listed wildlife species. Obligation to make recommendation (2) The competent minister must make the recommendation if he or she is of the opinion that the species faces imminent threats to its survival or recovery. Consultation (3) Before making a recommendation, the competent minister must consult every other competent minister. Contents (4) The emergency order may (a) in the case of an aquatic species, (i) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and (ii) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat; (b) in the case of a species that is a species of migratory birds protected by the Migratory Birds Convention Act, 1994 , (i) on federal land or in the exclusive economic zone of Canada, (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and (B) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat, and (ii) on land other than land referred to in subparagraph (i), (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and (B) include provisions requiring the doing of things that protect the species and provisions prohibiting activities that may adversely affect the species and that habitat; and (c) with respect to any other species, (i) on federal land, in the exclusive economic zone of Canada or on the continental shelf of Canada, (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and (B) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat, and (ii) on land other than land referred to in subparagraph (i), (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and (B) include provisions prohibiting activities that may adversely affect the species and that habitat. Exemption (5) An emergency order is exempt from the application of section 3 of the Statutory Instruments Act .
Species at Risk Act — S-15.3 81
Equivalent measures 81 Despite subsection 80(2), the competent minister is not required to make a recommendation for an emergency order if he or she is of the opinion that equivalent measures have been taken under another Act of Parliament to protect the wildlife species.
Species at Risk Act — S-15.3 82
Recommendation to repeal 82 If the competent minister is of the opinion that the species to which the emergency order relates would no longer face imminent threats to its survival or recovery even if the order were repealed, he or she must make a recommendation to the Governor in Council that the emergency order be repealed.
Species at Risk Act — S-15.3 83
General exceptions 83 (1) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1), regulations made under section 53, 59 or 71 and emergency orders do not apply to a person who is engaging in (a) activities related to public safety, health or national security, that are authorized by or under any other Act of Parliament or activities under the Health of Animals Act and the Plant Protection Act for the health of animals and plants; or (b) activities authorized under section 73, 74 or 78 by an agreement, permit, licence, order or similar document. Authorization of activities under other Acts (2) A power under an Act described in paragraph (1)(a) may be used to authorize an activity prohibited by subsection 32(1) or (2), section 33, subsection 36(1), 58(1), 60(1) or 61(1), a regulation made under section 53, 59 or 71 or an emergency order only if the person exercising the power (a) determines that the activity is necessary for the protection of public safety, health, including animal and plant health, or national security; and (b) respects the purposes of this Act to the greatest extent possible. Exceptions — land claims agreements (3) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1) and regulations made under section 53, 59 or 71 do not apply to a person who is engaging in activities in accordance with conservation measures for wildlife species under a land claims agreement. Exemptions for permitted activities (4) Subsections 32(1) and (2), section 33 and subsections 36(1), 58(1), 60(1) and 61(1) do not apply to a person who is engaging in activities that are permitted by a recovery strategy, an action plan or a management plan and who is also authorized under an Act of Parliament to engage in that activity, including a regulation made under section 53, 59 or 71. Additional possession exceptions (5) Subsection 32(2) and paragraph 36(1)(b) do not apply to a person who possesses an individual of a listed extirpated, endangered or threatened species, or any part or derivative of such an individual, if (a) it was in the person’s possession when the species was listed; (b) it is used by an aboriginal person for ceremonial or medicinal purposes, or it is part of ceremonial dress used for ceremonial or cultural purposes by an aboriginal person; (c) the person acquired it legally in another country and imported it legally into Canada; (d) the person acquired it by succession from someone who was entitled to possess it under this Act; (e) the person acquired it under circumstances that would afford them a defence under section 100 and the person possesses it only for as long as is necessary to donate it to a museum, a zoo, an educational institution, a scientific society or a government; (f) the person is, or is acting on behalf of, a museum, zoo, educational institution, scientific society or government and the person acquired it from someone who was entitled to possess it under this Act; or (g) it or the person is otherwise exempt by the regulations.
Species at Risk Act — S-15.3 84
Regulations 84 The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph 83(5)(g). 2002, c. 29, s. 84; 2005, c. 2, s. 24
Species at Risk Act — S-15.3 85
Enforcement officers 85 (1) A competent minister may designate any person or person of a class of persons to act as enforcement officers for the purposes of this Act. Designation of provincial or territorial government employees (2) The competent minister may not designate any person or person of a class of persons employed by the government of a province or a territory unless that government agrees. Certificate of designation (3) An enforcement officer must be provided with a certificate of designation as an enforcement officer in a form approved by the competent minister and, on entering any place under this Act, the officer must, if so requested, show the certificate to the occupant or person in charge of the place. Powers (4) For the purposes of this Act, enforcement officers have all the powers of a peace officer, but the competent minister may specify limits on those powers when designating any person or person of a class of persons to act as enforcement officers. Exemptions for law enforcement activities (5) For the purpose of investigations and other law enforcement activities under this Act, a competent minister may, on any terms and conditions that he or she considers necessary, exempt from the application of any provision of this Act, the regulations or an emergency order enforcement officers whom the competent minister has designated and who are carrying out duties or functions under this Act and persons acting under the direction and control of such enforcement officers.
Species at Risk Act — S-15.3 86
her intelligible output; (c) take a printout or other output for examination or copying; and (d) use or cause to be used any copying equipment at the place to make copies of the record. Duty of person in possession or control (9) Every person who is in possession or control of a place being inspected under this section must permit the enforcement officer to do anything referred to in subsection (8).
Species at Risk Act — S-15.3 87
Custody of things seized 87 (1) Subject to subsections (2) to (4), if an enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code , (a) sections 489.1 and 490 of the Criminal Code apply; and (b) the enforcement officer, or any person that the officer may designate, must retain custody of the thing subject to any order made under section 490 of the Criminal Code . Forfeiture if ownership not ascertainable (2) If the lawful ownership of or entitlement to the seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada, if the thing was seized by an enforcement officer employed in the public service of Canada or by the government of a territory, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by the government of that province. Perishable things (3) If the seized thing is perishable, the enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after its seizure, in which case the proceeds must be retained by the enforcement officer pending the outcome of the proceedings. Release of individual (4) An enforcement officer who seizes an individual of a species at risk may, at the time of the seizure, return the individual to the wild if the enforcement officer believes the individual to be alive. Abandonment (5) The owner of the seized thing may abandon it to Her Majesty in right of Canada or a province.
Species at Risk Act — S-15.3 88
Disposition by competent minister 88 Any thing that has been forfeited or abandoned under this Act is to be dealt with and disposed of as the competent minister may direct.
Species at Risk Act — S-15.3 89
Liability for costs 89 The lawful owner and any person lawfully entitled to possession of any thing seized, forfeited or abandoned under this Act and who has been convicted of an offence under this Act in relation to that thing, are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, abandonment, forfeiture or disposition incurred by Her Majesty in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty under this Act.
Species at Risk Act — S-15.3 90
Right of passage 90 An enforcement officer may, while carrying out powers, duties or functions under this Act, enter on and pass through or over private property without being liable for trespass or without the owner of the property having the right to object to that use of the property.
Species at Risk Act — S-15.3 91
Assistance 91 The owner or the person in charge of a place entered by an enforcement officer under section 86, and every person found in the place, must (a) give the enforcement officer all reasonable assistance to enable the enforcement officer to carry out duties and functions under this Act; and (b) provide the enforcement officer with any information in relation to the administration of this Act, the regulations or an emergency order that the enforcement officer may reasonably require.
Species at Risk Act — S-15.3 92
Obstruction 92 While an enforcement officer is exercising powers or carrying out duties or functions under this Act, no person shall (a) knowingly make any false or misleading statement, either orally or in writing, to the enforcement officer; or (b) otherwise obstruct or hinder the enforcement officer.
Species at Risk Act — S-15.3 93
Application for investigation 93 (1) A person who is a resident of Canada and at least 18 years of age may apply to the competent minister for an investigation of whether an alleged offence has been committed or whether anything directed towards its commission has been done. Statement to accompany application (2) The application must be in a form approved by the competent minister and must include a solemn affirmation or declaration containing (a) the name and address of the applicant; (b) a statement that the applicant is at least 18 years old and a resident of Canada; (c) a statement of the nature of the alleged offence and the name of each person alleged to be involved; (d) a summary of the evidence supporting the allegations; (e) the name and address of each person who might be able to give evidence about the alleged offence, together with a summary of the evidence that the person might give, to the extent that information is available to the applicant; (f) a description of any document or other material that the applicant believes should be considered in the investigation and, if possible, a copy of the document; and (g) details of any previous contact between the applicant and the competent minister about the alleged offence.
Species at Risk Act — S-15.3 94
Investigation 94 (1) The competent minister must acknowledge receipt of the application within 20 days after receiving it and, subject to subsections (2) and (3), investigate all matters that he or she considers necessary to determine the facts relating to the alleged offence. Frivolous or vexatious applications (2) No investigation is required if the competent minister decides that the application is frivolous or vexatious. Notice of decision (3) If the competent minister decides not to conduct an investigation, he or she must, within 60 days after the application for investigation is received, give notice of the decision, with reasons, to the applicant. When notice need not be given (4) The competent minister need not give the notice if an investigation in relation to the alleged offence is ongoing apart from the application.
Species at Risk Act — S-15.3 95
Competent minister may send evidence to Attorney General 95 At any stage of the investigation, the competent minister may send any documents or other evidence to the Attorney General for a consideration of whether an offence has been or is about to be committed, and for any action that the Attorney General may wish to take.
Species at Risk Act — S-15.3 96
Suspension or conclusion of investigation 96 (1) The competent minister may suspend or conclude the investigation if he or she is of the opinion that the alleged offence does not require further investigation or the investigation does not substantiate the alleged offence or any other offence. Report if investigation suspended (2) If the investigation is suspended, the competent minister must prepare a written report describing the information obtained during the investigation and stating the reasons for its suspension and the action, if any, that the competent minister has taken or proposes to take and send a copy of the report to the applicant. The competent minister must notify the applicant if the investigation is subsequently resumed. Report when investigation concluded (3) When the investigation is concluded, the competent minister must prepare a written report describing the information obtained during the investigation and stating the reasons for its conclusion and the action, if any, that the competent minister has taken or proposes to take and send a copy of the report to the applicant and to each person whose conduct was investigated. Personal information not to be disclosed (4) A copy of the report sent to a person whose conduct was investigated must not disclose the name or address of the applicant or any other personal information about him or her. When report need not be sent (5) If another investigation in relation to the alleged offence is ongoing apart from the application, the competent minister need not send copies of a report described in subsection (2) or (3) until the other investigation is suspended or concluded.
Species at Risk Act — S-15.3 97
Offences 97 (1) Every person commits an offence who (a) contravenes subsection 32(1) or (2), section 33, subsection 36(1), 58(1), 60(1) or 61(1) or section 91 or 92; (b) contravenes a prescribed provision of a regulation or an emergency order; (c) fails to comply with a term or condition of a permit issued under subsection 73(1); or (d) fails to comply with an alternative measures agreement that the person has entered into under this Act. Penalty (1.1) Every person who commits an offence under subsection (1) is liable (a) on conviction on indictment, (i) in the case of a corporation, other than a non-profit corporation, to a fine of not more than $1,000,000, (ii) in the case of a non-profit corporation, to a fine of not more than $250,000, and (iii) in the case of any other person, to a fine of not more than $250,000 or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction, (i) in the case of a corporation, other than a non-profit corporation, to a fine of not more than $300,000, (ii) in the case of a non-profit corporation, to a fine of not more than $50,000, and (iii) in the case of any other person, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both. Exception (1.2) Paragraph (1)(c) does not apply in respect of the failure to comply with any term or condition of any agreement, permit, licence, order or other similar document referred to in section 74 or subsection 78(1). Prescription of provisions (2) A regulation or emergency order may prescribe which of its provisions may give rise to an offence. Subsequent offence (3) For a second or subsequent conviction, the amount of the fine may, despite subsection (1.1), be double the amount set out in that subsection. Continuing offence (4) A person who commits or continues an offence on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued. Fines cumulative (5) A fine imposed for an offence involving more than one animal, plant or other organism may be calculated in respect of each one as though it had been the subject of a separate information and the fine then imposed is the total of that calculation. Additional fine (6) If a person is convicted of an offence and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence, the court may order the person to pay an additional fine in an amount equal to the court’s estimation of the amount of the monetary benefits, which additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act. Definition of non-profit corporation (7) For the purposes of subsection (1.1), non-profit corporation means a corporation, no part of the income of which is payable to, or is otherwise available for, the personal benefit of any proprietor, member or shareholder of the corporation. 2002, c. 29, s. 97; 2012, c. 19, s. 168
Species at Risk Act — S-15.3 98
Officers, etc., of corporations 98 If a corporation commits an offence, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, or acquiesced or participated in, the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted. 2002, c. 29, s. 98; 2015, c. 3, s. 153(E)
Species at Risk Act — S-15.3 99
Offences by employees or agents or mandataries 99 In any prosecution for an offence, the accused may be convicted of the offence if it is established that it was committed by an employee or an agent or mandatary of the accused, whether or not the employee, agent or mandatary has been prosecuted for the offence. 2002, c. 29, s. 99; 2015, c. 3, s. 153(E)
Species at Risk Act — S-15.3 100
Due diligence 100 Due diligence is a defence in a prosecution for an offence.
Species at Risk Act — S-15.3 101
Venue 101 A prosecution for an offence may be instituted, heard and determined in the place where the offence was committed, the subject-matter of the prosecution arose, the accused was apprehended or the accused happens to be or is carrying on business.
Species at Risk Act — S-15.3 102
Sentencing considerations 102 A court that imposes a sentence shall take into account, in addition to any other principles that it is required to consider, the following factors: (a) the harm or risk of harm caused by the commission of the offence; (b) whether the offender was found to have committed the offence intentionally, recklessly or inadvertently; (c) whether the offender was found by the court to have been negligent or incompetent or to have shown a lack of concern with respect to the commission of the offence; (d) any property, benefit or advantage received or receivable by the offender to which, but for the commission of the offence, the offender would not have been entitled; (e) any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with legislation designed to protect wildlife species; and (f) all available sanctions that are reasonable in the circumstances, with particular attention to the circumstances of aboriginal offenders.