GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Species at Risk Act — S-15.3 103
Forfeiture 103 (1) If a person is convicted of an offence, the convicting court may, in addition to any punishment imposed, order that any seized thing by means of or in relation to which the offence was committed, or any proceeds of its disposition, be forfeited to Her Majesty. Return if no forfeiture ordered (2) If the convicting court does not order the forfeiture, the seized thing, or the proceeds of its disposition, must be returned to its lawful owner or the person lawfully entitled to it.
Species at Risk Act — S-15.3 104
Retention or sale 104 If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.
Species at Risk Act — S-15.3 105
Orders of court 105 If a person is convicted of an offence, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects: (a) prohibiting the person from doing any act or engaging in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence; (b) directing the person to take any action that the court considers appropriate to remedy or avoid any harm to any wildlife species that resulted or may result from the commission of the offence; (c) directing the person to have an environmental audit conducted by a person of a class and at the times specified by the court and directing the person to remedy any deficiencies revealed during the audit; (d) directing the person to publish, in any manner that the court considers appropriate, the facts relating to the commission of the offence; (e) directing the person to perform community service in accordance with any conditions that the court considers reasonable; (f) directing the person to submit to the competent minister, on application to the court by the competent minister within three years after the conviction, any information about the activities of the person that the court considers appropriate; (g) directing the person to pay a competent minister or the government of a province or a territory an amount for all or any of the cost of remedial or preventive action taken, or to be taken, by or on behalf of the competent minister or that government as a result of the commission of the offence; (h) directing the person to pay, in the manner prescribed by the court, an amount for the purpose of conducting research into the protection of the wildlife species in respect of which the offence was committed; (i) directing the person to pay, in the manner prescribed by the court, an amount to an educational institution for scholarships for students enrolled in environmental studies; (j) directing the person to post a bond or pay to the court an amount that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section; and (k) requiring the person to comply with any other conditions that the court considers appropriate for securing the person’s good conduct and for preventing the person from repeating the offence or committing other offences.
Species at Risk Act — S-15.3 106
Suspended sentence 106 (1) If a person is convicted of an offence and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code , the court may, in addition to any probation order made under that Act, make an order containing one or more of the prohibitions, directions or requirements mentioned in section 105. Imposition of sentence (2) If the person does not comply with the order or is convicted of another offence, within three years after the order is made, 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.
Species at Risk Act — S-15.3 107
Limitation period 107 (1) Proceedings by way of summary conviction in respect of an offence may be commenced at any time within, but not later than, two years after the day on which the subject-matter of the proceedings became known to the competent minister. Competent minister’s certificate (2) A document appearing to have been issued by the competent minister, certifying the day on which the subject-matter of any proceedings became known to the competent minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is proof of the matter asserted in it. References to the competent minister (3) A reference to the competent minister in this section includes a provincial or territorial minister if the competent minister has delegated responsibility for the enforcement of this Act, the regulations or an emergency order in the province or territory to the provincial or territorial minister and the offence is alleged to have been committed in the province or territory.
Species at Risk Act — S-15.3 109
Terms and conditions in agreement 109 (1) An alternative measures agreement may contain any terms and conditions, including (a) terms and conditions having any or all of the effects set out in section 105 or any other terms and conditions having any of the effects prescribed by regulations that the Attorney General, after consultation with the competent minister, considers appropriate; and (b) terms and conditions relating to the costs associated with ensuring compliance with the agreement. Supervision of compliance (2) Any governmental organization may supervise compliance with the agreement.
Species at Risk Act — S-15.3 110
Duration of agreement 110 An alternative measures agreement comes into effect on the day on which it is concluded or on any later day that is specified in the agreement and continues in effect for a period of not more than three years.
Species at Risk Act — S-15.3 111
Filing in court for purpose of public access 111 (1) The Attorney General must consult the competent minister before concluding an alternative measures agreement and, subject to subsection (5), must have the agreement filed with the court in which the information was laid within 30 days after the agreement is concluded. The agreement is to be filed as part of the court record of the proceedings to which the public has access. Reports (2) A report relating to the administration of, and compliance with, the agreement must be filed with the same court by the Attorney General immediately after all the terms and conditions of the agreement have been complied with or the charges in respect of which the agreement was entered into have been dismissed. Third party information (3) Subject to subsection (4), if any of the following information is to be part of the agreement or the report, it must be set out in a schedule to the agreement or to the report: (a) trade secrets of any person; (b) financial, commercial, scientific or technical information that is confidential information and is treated consistently in a confidential manner by any person; (c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to any person, or could reasonably be expected to prejudice the competitive position of any person; or (d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of any person. Agreement on information to be in schedule (4) The parties to the agreement must agree on which information that is to be part of the agreement or the report is information that meets the requirements of paragraphs (3)(a) to (d). How schedule is to be kept secret (5) The schedule is confidential and must not be filed with the court. Prohibition of disclosure (6) The competent minister must not disclose any information set out in a schedule to the agreement or to the report, except as authorized by section 117 or the Access to Information Act .
Species at Risk Act — S-15.3 112
Stay of proceedings 112 (1) Despite section 579 of the Criminal Code , the Attorney General must, on filing an alternative measures agreement, stay the proceedings in respect of the alleged offence, or apply to the court for an adjournment of the proceedings, for a period of not more than one year after the expiry of the agreement. Recommencement of proceedings (2) Proceedings stayed under subsection (1) may be recommenced without laying a new information or preferring a new indictment, as the case may be, by the Attorney General giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered. If no such notice is given within one year after the expiry of the agreement, the proceedings are deemed to have never been commenced.
Species at Risk Act — S-15.3 113
Application to vary agreement 113 (1) Subject to subsections 111(2) and (3), the Attorney General may vary the terms and conditions of an alternative measures agreement on application by the person bound by the agreement and after consultation with the competent minister. The Attorney General must be of the opinion that the variation is desirable because of a material change in the circumstances since the agreement was concluded or last varied. The variation may include (a) decreasing the period for which the agreement is to remain in force; and (b) relieving the person of compliance with any condition that is specified in the agreement, either absolutely or partially or for any period that the Attorney General considers desirable. Filing varied agreement (2) An agreement that has been varied must be filed in accordance with section 111 with the court in which the original agreement was filed.
Species at Risk Act — S-15.3 114
Application of provisions dealing with records 114 Sections 115 to 117 apply only in respect of persons who have entered into an alternative measures agreement, regardless of the degree of their compliance with the terms and conditions of the agreement.
Species at Risk Act — S-15.3 115
Disclosure of information by peace officer or enforcement officer 115 Where it is necessary in the conduct of an investigation of an offence, a peace officer or enforcement officer may disclose to a department or agency of a government in Canada any information in a record relating to an offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person.
Species at Risk Act — S-15.3 116
Government records 116 (1) The competent minister, any enforcement officer and any department or agency of a government in Canada with which the competent minister has entered into an agreement under section 10 may keep records and use information obtained as a result of the use of alternative measures to deal with a person (a) for the purposes of an inspection under this Act or an investigation of an offence alleged to have been committed by a person; (b) in proceedings against a person under this Act; (c) for the purpose of the administration of alternative measures programs; or (d) otherwise for the administration of this Act. Private records (2) Any person or organization may keep records of information obtained by them as a result of supervising compliance with an alternative measures agreement and use the information for the purpose of supervising such compliance.
Species at Risk Act — S-15.3 117
Disclosure of records 117 (1) A record or information referred to in section 115 or 116 may be made available to (a) any judge or court for any purpose with respect to proceedings relating to offences under this or any other Act committed or alleged to have been committed by the person to whom the record relates; (b) any peace officer, enforcement officer or prosecutor (i) for the purpose of investigating an offence under this or any other Act that the person is suspected on reasonable grounds of having committed, or in respect of which the person has been arrested or charged, or (ii) for any purpose related to the administration of the case to which the record relates; (c) any member of a department or agency of a government in Canada, or any agent of such a government, that is (i) engaged in the administration of alternative measures in respect of the person, or (ii) preparing a report in respect of the person under this Act; or (d) any other person who is deemed, or any person within a class of persons that is deemed, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if (i) the judge is satisfied that the disclosure is desirable in the public interest for research or statistical purposes or in the interest of the proper administration of justice, and (ii) the person gives a written undertaking not to subsequently disclose the information except in accordance with subsection (2). Subsequent disclosure for research or statistical purposes (2) If a record is made available for inspection to any person under paragraph (1)(d) for research or statistical purposes, that person may subsequently disclose information contained in the record, but may not disclose the information in any form that would reasonably be expected to identify the person to whom it relates. Information, copies (3) A person to whom a record is authorized to be made available under this section may be given any information contained in the record and may be given a copy of any part of the record. Evidence (4) This section does not authorize the introduction into evidence of any part of a record that would not otherwise be admissible in evidence. Exception for public access to court record (5) For greater certainty, this section does not apply in respect of an alternative measures agreement, a varied alternative measures agreement or a report that is filed with the court in accordance with section 111.
Species at Risk Act — S-15.3 118
Information exchange agreements 118 The competent minister may enter into an agreement with a department or agency of a government in Canada respecting the exchange of information for the purpose of administering alternative measures or preparing a report in respect of a person’s compliance with an alternative measures agreement.
Species at Risk Act — S-15.3 119
Regulations 119 The competent minister may make regulations respecting the alternative measures that may be used for the purposes of this Act including regulations respecting (a) the form and manner in which and the period within which an application to participate in the alternative measures is to be made, and the information that must be contained in or accompany the application; (b) the manner of preparing and filing reports relating to the administration of and compliance with alternative measures agreements; (c) the types of costs, and the manner of paying the costs, associated with ensuring compliance with alternative measures agreements; and (d) the terms and conditions that may be included in an alternative measures agreement and the effects of those terms and conditions.
Species at Risk Act — S-15.3 120
Public registry 120 The Minister must establish a public registry for the purpose of facilitating access to documents relating to matters under this Act.
Species at Risk Act — S-15.3 121
Regulations 121 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 respecting the form of the public registry, the keeping of the public registry and access to it. 2002, c. 29, s. 121; 2005, c. 2, s. 25
Species at Risk Act — S-15.3 122
Protection from proceedings 122 Despite any other Act of Parliament, no civil or criminal proceedings may be brought against Her Majesty in right of Canada, the Minister, the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans or any person acting on behalf of or under the direction of any of them for the full or partial disclosure in good faith of any notice or other document through the public registry or any consequences of its disclosure. 2002, c. 29, s. 122; 2005, c. 2, s. 25
Species at Risk Act — S-15.3 123
Documents to be in public registry 123 The public registry shall contain every document required to be included in the public registry by this Act and the following documents, or a copy of the following documents: (a) regulations and orders made under this Act; (b) agreements entered into under section 10; (c) COSEWIC’s criteria for the classification of wildlife species; (d) status reports on wildlife species that COSEWIC has had prepared or has received with an application; (e) the List of Wildlife Species at Risk; (f) codes of practice, national standards or guidelines established under this Act; (g) agreements and reports filed under section 111 or subsection 113(2) or notices that those agreements or reports have been filed in court and are available to the public; and (h) every report made under sections 126 and 128.
Species at Risk Act — S-15.3 124
Restriction 124 The Minister, on the advice of COSEWIC, may restrict the release of any information required to be included in the public registry if that information relates to the location of a wildlife species or its habitat and restricting its release would be in the best interests of the species.
Species at Risk Act — S-15.3 125
Regulations 125 (1) The Governor in Council may, on the recommendation of the Minister and the President of the Treasury Board, after the Minister has consulted the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations (a) prescribing the fees and charges, or the manner of determining them, that may be charged for agreements or permits under section 73, for amendments to or for the renewal of such agreements or permits, for copies of documents in the public registry and for the inclusion of a document in the public registry; (b) exempting any person or class of persons from the requirement to pay any of those fees or charges; and (c) generally, in respect of any condition or any other matter in relation to the payment of those fees or charges. Recovery of fees (2) A fee or charge required by the regulations to be paid constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. 2002, c. 29, s. 125; 2005, c. 2, s. 26
Species at Risk Act — S-15.3 126
Annual report to Parliament 126 The Minister must annually prepare a report on the administration of this Act during the preceding calendar year and must have a copy of the report tabled in each House of Parliament within the first 15 days that it is sitting after the completion of the report. The report must include a summary addressing the following matters: (a) COSEWIC’s assessments and the Minister’s response to each of them; (b) the preparation and implementation of recovery strategies, action plans and management plans; (c) all agreements made under sections 10 to 13; (d) all agreements entered into or renewed under section 73, all permits issued or renewed under that section and all agreements and permits amended under section 75 or exempted under section 76; (e) enforcement and compliance actions taken, including the response to any requests for investigation; (f) regulations and emergency orders made under this Act; and (g) any other matters that the Minister considers relevant. 2002, c. 29, s. 126; 2012, c. 19, s. 169
Species at Risk Act — S-15.3 127
Convening round table 127 (1) The Minister must, at least once every two years, convene a round table of persons interested in matters respecting the protection of wildlife species at risk in Canada to advise the Minister on those matters. Recommendations to be in public registry (2) Any written recommendations from the round table must be included in the public registry. Response of Minister (3) The Minister must respond to any written recommendations from the round table within 180 days after receiving them and a copy of the Minister’s response must be included in the public registry.
Species at Risk Act — S-15.3 128
Reports on status of wildlife species 128 Five years after this section comes into force and at the end of each subsequent period of five years, the Minister must prepare a general report on the status of wildlife species. The Minister must have the report tabled in each House of Parliament within the first 15 days that it is sitting after the completion of the report.
Species at Risk Act — S-15.3 129
Parliamentary review of Act 129 Five years after this section comes into force, a committee of the House of Commons, of the Senate or of both Houses of Parliament is to be designated or established for the purpose of reviewing this Act.
Species at Risk Act — S-15.3 130
Assessment of status 130 (1) COSEWIC must assess the status of each wildlife species set out in Schedule 2 or 3, and, as part of the assessment, identify existing and potential threats to the species and (a) classify the species as extinct, extirpated, endangered, threatened or of special concern; (b) indicate that COSEWIC does not have sufficient information to classify the species; or (c) indicate that the species is not currently at risk. Time for assessment — Schedule 2 (2) In the case of a species set out in Schedule 2, the assessment must be completed within 30 days after section 14 comes into force. Deemed classification (3) If an assessment of a wildlife species set out in Schedule 2 is not completed within the required time or, if there has been an extension, within the extended time, COSEWIC is deemed to have classified the species as indicated in Schedule 2. Time for assessment — Schedule 3 (4) In the case of a species set out in Schedule 3, the assessment must be completed within one year after the competent minister requests the assessment. If there is more than one competent minister with respect to the species, they must make the request jointly. Extension (5) The Governor in Council may, on the recommendation of the Minister after consultation with the competent minister or ministers, by order, extend the time provided for the assessment of any species set out in Schedule 2 or 3. The Minister must include a statement in the public registry setting out the reasons for the extension. Provisions apply (6) Subsections 15(2) and (3) and 21(1) and section 25 apply with respect to assessments under subsection (1). Recent reports (7) In making its assessment of a wildlife species, COSEWIC may take into account and rely on any report on the species that was prepared in the two-year period before this Act receives royal assent.
Species at Risk Act — S-15.3 131
Section 27 applies 131 Section 27 applies in respect of a wildlife species referred to in section 130 that COSEWIC classifies as extinct, extirpated, endangered, threatened or of special concern or that is deemed to have been so classified.
Species at Risk Act — S-15.3 132
Time for recovery strategy 132 If a wildlife species is added to the List by the Governor in Council as the result of an assessment under section 130, the recovery strategy for the species must be prepared within three years after the listing in the case of an endangered species, and within four years in the case of a threatened species.
Species at Risk Act — S-15.3 133
Time for management plan 133 If a wildlife species is added to the List by the Governor in Council as a species of special concern as the result of an assessment under section 130, the management plan for the species must be prepared within five years after the listing.
Species at Risk Act — S-15.3 Order of Governor in Council
Order of Governor in Council * 142 Except for section 141.1, the provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Section 141.1 in force on assent December 12, 2002; sections 1, 134 to 136 and 138 to 141 in force March 24, 2003, see SI/2003-43; sections 2 to 31, 37 to 56, 62, 65 to 76, 78 to 84, 120 to 133 and 137 in force June 5, 2003, sections 32 to 36, 57 to 61, 63, 64, 77 and 85 to 119 in force June 1, 2004, see SI/2003-111.]