GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act — W-8.5 58.2
Bill S-238 58.2 (1) Subsections (2) to (7) apply if Bill S-238, introduced in the 1st session of the 42nd Parliament and entitled An Act to amend the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (importation and exportation of shark fins) (in this section referred to as the “other Act”), receives royal assent. (2) If section 2 of the other Act comes into force before section 18.1 of this Act, then section 32 of the Fisheries Act , as enacted by that section 2, is repealed. (3) If section 18.1 of this Act comes into force before section 2 of the other Act, then that section 2 is deemed never to have come into force and is repealed. (4) If section 2 of the other Act comes into force on the same day as section 18.1 of this Act, then that section 2 is deemed never to have come into force and is repealed. (5) If sections 3 and 4 of the other Act come into force before section 18.1 of this Act, then subsections 6(1.1) and 10(1.1) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act are repealed. (6) If section 18.1 of this Act comes into force before sections 3 and 4 of the other Act, then those sections 3 and 4 are deemed never to have come into force and are repealed. (7) If sections 3 and 4 of the other Act come into force on the same day as section 18.1 of this Act, then those sections 3 and 4 are deemed never to have come into force and are repealed.
Canada Wildlife Act — W-9 1
Short title 1 This Act may be cited as the Canada Wildlife Act . R.S., 1985, c. W-9, s. 1; 1994, c. 23, s. 2(F)
Canada Wildlife Act — W-9 2
Definitions 2 (1) In this Act, Chief Review Officer [Repealed, 2026, c. 3, s. 527] conveyance means a vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods; ( moyen de transport ) Environmental Protection Tribunal of Canada means the Environmental Protection Tribunal of Canada established by subsection 243(1) of the Canadian Environmental Protection Act, 1999 ; ( Tribunal de la protection de l’environnement du Canada ) Minister means the Minister of the Environment or, in respect of any matter related to the Northern Pipeline referred to in the Northern Pipeline Act , the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that Act; ( ministre ) public lands means lands belonging to Her Majesty in right of Canada and lands that the Government of Canada has power to dispose of, subject to the terms of any agreement between the Government of Canada and the government of the province in which the lands are situated, and includes (a) any waters on or flowing through the lands and the natural resources of the lands, and (b) the internal waters and the territorial sea of Canada. ( terres domaniales ) wildlife [Repealed, 1994, c. 23, s. 4] Possession (2) For the purposes of this Act, (a) a person has anything in possession when the person has it in their personal possession or knowingly (i) has it in the actual possession or custody of another person, or (ii) has it in any place, whether or not that place belongs to or is occupied by the person, for their own use or benefit or for the use or benefit of another person; and (b) where a person has anything in their custody or possession with the knowledge and consent of another person or other persons, it is in the custody and possession of each and all of them. (3) [Repealed, 2024, c. 30, s. 5] Application (4) The provisions of this Act respecting wildlife apply in respect of (a) any animal, plant or other organism belonging to a species that is wild by nature or that is not easily distinguishable from such a species; and (b) the habitat of any such animal, plant or other organism. R.S., 1985, c. W-9, s. 2; 1994, c. 23, s. 4; 2004, c. 25, s. 114(F); 2009, c. 14, s. 41 2024, c. 30, s. 5 2026, c. 3, s. 527
Canada Wildlife Act — W-9
Chief Review Officer [Repealed, 2026, c. 3, s. 527]
Canada Wildlife Act — W-9
conveyance means a vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods; ( moyen de transport )
Canada Wildlife Act — W-9
Environmental Protection Tribunal of Canada means the Environmental Protection Tribunal of Canada established by subsection 243(1) of the Canadian Environmental Protection Act, 1999 ; ( Tribunal de la protection de l’environnement du Canada )
Canada Wildlife Act — W-9
Minister means the Minister of the Environment or, in respect of any matter related to the Northern Pipeline referred to in the Northern Pipeline Act , the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that Act; ( ministre )
Canada Wildlife Act — W-9 (a)
public lands means lands belonging to Her Majesty in right of Canada and lands that the Government of Canada has power to dispose of, subject to the terms of any agreement between the Government of Canada and the government of the province in which the lands are situated, and includes (a) any waters on or flowing through the lands and the natural resources of the lands, and (b) the internal waters and the territorial sea of Canada. ( terres domaniales )
Canada Wildlife Act — W-9 2.1
Binding on Her Majesty 2.1 This Act is binding on Her Majesty in right of Canada or a province. 1994, c. 23, s. 5
Canada Wildlife Act — W-9 3
Powers of the Minister 3 The Minister may (a) undertake, promote and recommend measures for the encouragement of public cooperation in wildlife conservation and interpretation; (b) initiate conferences and meetings respecting wildlife research, conservation and interpretation; (c) undertake programs for wildlife research and investigation, and establish and maintain laboratories and other necessary facilities for that purpose; (d) establish such advisory committees as the Minister deems necessary and appoint the members of those committees; and (e) coordinate and implement wildlife policies and programs in cooperation with the government of any province having an interest therein. R.S., 1985, c. W-9, s. 3; 1994, c. 23, s. 6(F)
Canada Wildlife Act — W-9 4
4 (1) [Repealed, 1999, c. 31, s. 222] Powers of Minister on public lands assigned (2) Where the administration of any public lands has been assigned to the Minister pursuant to any federal law by reason of being required for wildlife research, conservation or interpretation, the Minister may (a) take charge of all wildlife research facilities operated on those lands; (b) provide advice relating to any wildlife research, conservation and interpretation being carried out on those lands; (c) subject to the regulations, carry out measures for the conservation of wildlife on those lands not inconsistent with any law respecting wildlife in the province in which the lands are situated; and (d) subject to the regulations, establish facilities or construct, maintain and operate works for wildlife research, conservation and interpretation on those lands. Powers in relation to lands administered by other ministers (3) If public lands under the administration of a minister of the Crown other than the Minister are, in the opinion of the Minister and the other minister, required for wildlife research, conservation or interpretation, the Governor in Council may, on the recommendation of both ministers, by order, authorize the Minister to exercise, with the concurrence of the other minister, the powers referred to in subsection (2) in relation to those lands or any portion of them specified in the order. R.S., 1985, c. W-9, s. 4; 1991, c. 50, s. 47; 1994, c. 23, s. 7; 1999, c. 31, s. 222; 2002, c. 29, s. 134
Canada Wildlife Act — W-9 4.1
Protected marine areas 4.1 (1) The Governor in Council may establish protected marine areas in any area of the sea that forms part of the internal waters of Canada, the territorial sea of Canada or the exclusive economic zone of Canada. Advice and conservation measures (2) The Minister may provide advice relating to any wildlife research, conservation and interpretation carried out in protected marine areas and may carry out measures for the conservation of wildlife in those areas. 1994, c. 23, s. 8; 1996, c. 31, s. 107
Canada Wildlife Act — W-9 4.2
Delegation by Minister 4.2 (1) The Minister may delegate to any minister of the Crown in right of Canada any power conferred on the Minister under this Act. The other minister may then exercise the power subject to any terms and conditions that the Minister specifies. Sub-delegation (2) The other minister may delegate any power delegated under subsection (1) to any person employed in any department for which that other minister is responsible. 2002, c. 29, s. 135
Canada Wildlife Act — W-9 5
Agreements 5 The Minister may, with the approval of the Governor in Council, enter into an agreement with the government of any province to provide for (a) the undertaking of wildlife research, conservation and interpretation programs and measures, the administration of lands for those purposes or the construction, maintenance and operation of facilities and works related thereto; and (b) the payment of contributions in respect of the costs of those programs and measures. R.S., 1985, c. W-9, s. 5; 1994, c. 23, s. 9(F)
Canada Wildlife Act — W-9 6
Provisions to be included 6 Any agreement entered into pursuant to section 5 shall (a) specify the portions, if any, of the cost of any program or measure to which the agreement relates that are payable by the Government of Canada and the government of the province or the amount of any contribution in respect of the cost of any program or measure that is payable by the Government of Canada and the time or times at which any amounts under the agreement will be paid; (b) specify the authority that will be responsible for the undertaking, operation and maintenance of any program or measure to which the agreement relates or any part thereof; (c) specify the proportions of the revenues from any program or measure to which the agreement relates that are payable to the Government of Canada and the government of the province; and (d) specify the terms and conditions governing the operation and maintenance of any program or measure to which the agreement relates and the charges, if any, to be charged to persons to whom any of the benefits of the program or measure are made available. 1973-74, c. 21, s. 6
Canada Wildlife Act — W-9 7
Other agreements 7 (1) Subject to subsection (2), the Minister may enter into an agreement for the purposes set out in paragraphs 5(a) and (b) with any municipal authority or other organization or with any person, subject to the provisions of section 6, with such modifications as the circumstances require. Provincial approval (2) The Minister shall not conclude any agreement referred to in subsection (1) except with the approval of the government of the province in which the program or measure to which the agreement relates is to be implemented or the property to which the agreement relates is situated. 1973-74, c. 21, s. 7
Canada Wildlife Act — W-9 8
Measures for protection 8 The Minister may, in cooperation with one or more provincial governments having an interest therein, take such measures as the Minister deems necessary for the protection of any species of wildlife in danger of extinction. R.S., 1985, c. W-9, s. 8; 1994, c. 23, s. 10(F)
Canada Wildlife Act — W-9 9
Acquisition of Lands 9 (1) The Governor in Council may autho­rize the Minister to lease any lands, or purchase or acquire any lands or any interests or rights in any lands, for the purpose of research, conservation and interpretation in respect of (a) migratory birds; or (b) with the agreement of the government of the province having an interest therein, other wildlife. Restrictions (2) Lands or interests or rights in lands purchased or acquired under subsection (1) shall not be disposed of, and no person shall use or occupy the lands, except under the authority of this Act or the regulations. Disposition or lease of lands (3) The Minister may authorize the disposition or lease of lands purchased or acquired under subsection (1) if, in the opinion of the Governor in Council, the disposition or lease is compatible with wildlife research, conservation and interpretation. R.S., 1985, c. W-9, s. 9; 1994, c. 23, s. 11(F); 2004, c. 25, s. 115
Canada Wildlife Act — W-9 10
Property acquired by gift or bequest 10 Where Her Majesty has acquired any money, securities or other property by gift, bequest or otherwise for any purpose relating to wildlife, the Minister shall expend, administer or dispose of the money, securities or other property subject to the terms, if any, on which the money, securities or other property was given, bequeathed or otherwise made available to Her Majesty. R.S., 1985, c. W-9, s. 10; 1994, c. 23, s. 12(F); 2004, c. 25, s. 116(F)
Canada Wildlife Act — W-9 11
Designation of wildlife officers and analysts 11 (1) The Minister may designate any person or class of persons to act as wildlife officers or analysts for the purposes of this Act and the regulations. Designation of provincial government employees (2) The Minister may not designate any person or class of persons employed by the government of a province unless that government agrees. Certificate of designation (3) Every wildlife officer and analyst must be provided with a certificate of his or her designation as a wildlife officer, or as an analyst, as the case may be, in a form approved by the Minister and, on entering any place under this Act, the officer or analyst shall, if so requested, show the certificate to the occupant or person in charge of the place. Powers of peace officers (4) For the purposes of this Act and the regulations, wildlife officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any person or class of persons. Exemptions for law enforcement activities (5) For the purpose of investigations and other law enforcement activities under this Act, the Minister may, on any terms and conditions the Minister considers necessary, exempt wildlife officers who are carrying out duties or functions under this Act, and persons acting under their direction and control, from the application of any provision of this Act or the regulations. Obstruction (6) When a wildlife officer or an analyst is carrying out duties or functions under this Act or the regulations, no person shall (a) knowingly make any false or misleading statement either orally or in writing to the wildlife officer or analyst; or (b) otherwise wilfully obstruct the wildlife officer or analyst. R.S., 1985, c. W-9, s. 11; 1994, c. 23, s. 13; 2009, c. 14, s. 42
Canada Wildlife Act — W-9 11.1
Inspections 11.1 (1) For the purpose of ensuring compliance with this Act and the regulations, a wildlife officer may, subject to subsection (3), at any reasonable time enter and inspect any place in which the officer believes, on reasonable grounds, there is any thing to which this Act or the regulations apply or any document relating to the administration of this Act or the regulations, and the wildlife officer may (a) open or cause to be opened any container that the wildlife officer believes, on reasonable grounds, contains any such thing or document; (b) inspect the thing and take samples free of charge; (c) require any person to produce the document for inspection or copying, in whole or in part; and (d) seize any thing by means of or in relation to which the wildlife officer believes, on reasonable grounds, this Act or the regulations have been contravened or that the wildlife officer believes, on reasonable grounds, will provide evidence of a contravention. Analysts (1.1) An analyst may, for the purposes of this Act, accompany a wildlife officer who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the wildlife officer, enter the place and exercise any of the powers described in paragraphs (1)(a) and (b). Conveyance (2) For the purposes of carrying out the inspection, the wildlife officer may stop a conveyance or direct that it be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where the inspection can be carried out. Dwelling-place (3) The wildlife officer may not enter a dwelling-place except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant. Warrant (4) Where on ex parte application a justice, as defined in section 2 of the Criminal Code , is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-place, (b) entry to the dwelling-place is necessary in relation to the administration of this Act or the regulations, and (c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused, the justice may issue a warrant authorizing the wildlife officer to enter the dwelling-place subject to any conditions that may be specified in the warrant. 1994, c. 23, s. 13; 2009, c. 14, s. 43
Canada Wildlife Act — W-9 11.11
Right of passage 11.11 While carrying out duties or functions under this Act, wildlife officers and analysts, and any persons accompanying them, may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property. 2009, c. 14, s. 44
Canada Wildlife Act — W-9 11.12
Assistance 11.12 The owner or person in charge of a place being inspected under section 11.1, and every person found in the place, shall (a) give the wildlife officer or analyst all reasonable assistance to enable the wildlife officer or analyst to carry out their duties or functions under this Act; and (b) provide the wildlife officer or analyst with any information with respect to the administration of this Act that he or she may reasonably require. 2009, c. 14, s. 44
Canada Wildlife Act — W-9 11.13
Immunity 11.13 Wildlife officers, analysts and persons acting under a wildlife officer’s direction and control are not personally liable for anything they do or omit to do in good faith under this Act. 2009, c. 14, s. 44
Canada Wildlife Act — W-9 11.2
Search and seizure without warrant 11.2 For the purpose of ensuring compliance with this Act and the regulations, a wildlife officer may exercise the powers of search and seizure provided in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be feasible to obtain the warrant. 1994, c. 23, s. 13
Canada Wildlife Act — W-9 11.3
Custody of things seized 11.3 (1) Subject to subsections (2) and (3), where a wildlife 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 wildlife officer, or any person that the officer may designate, shall retain custody of the thing subject to any order made under section 490 of the Criminal Code . Forfeiture where ownership not ascertainable (2) Where the lawful ownership of or entitlement to the seized thing cannot be ascertained within thirty days after its seizure, the thing, or any proceeds of its disposition, are forfeited to (a) Her Majesty in right of Canada, if the thing was seized by a wildlife officer employed in the federal public administration; or (b) Her Majesty in right of a province, if the thing was seized by a wildlife officer employed by the government of that province. Perishable things (3) Where the seized thing is perishable, the wildlife officer may dispose of it or destroy it, and any proceeds of its disposition must be (a) paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within ninety days after its seizure; or (b) retained by the wildlife officer pending the outcome of the proceedings. Abandonment (4) The owner of the seized thing may abandon it to Her Majesty in right of Canada or a province. 1994, c. 23, s. 13; 2003, c. 22, s. 224(E); 2004, c. 25, s. 117(F)
Canada Wildlife Act — W-9 11.4
Disposition by Minister 11.4 Any thing that has been forfeited or abandoned under this Act must be dealt with and disposed of as the Minister may direct. 1994, c. 23, s. 13; 2009, c. 14, s. 45(F)
Canada Wildlife Act — W-9 11.5
Liability for costs 11.5 If a thing is seized under this Act or under a warrant issued under the Criminal Code , the person who owned the thing at the time it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any. 1994, c. 23, s. 13; 2001, c. 4, s. 128(E); 2004, c. 25, s. 118(F); 2009, c. 14, s. 46
Canada Wildlife Act — W-9 11.6
Meaning of order 11.6 For the purpose of sections 11.7 to 11.97 order means a compliance order issued under section 11.7. 2009, c. 14, s. 46
Canada Wildlife Act — W-9 11.8
Exigent circumstances 11.8 (1) In the case of exigent circumstances, an order may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 11.7. Meaning of exigent circumstances (2) For greater certainty, exigent circumstances includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 11.7(3) would result in danger to human life or to the environment, including wildlife. 2009, c. 14, s. 46
Canada Wildlife Act — W-9 11.9
Notice of intent 11.9 (1) Except in exigent circumstances, a wildlife 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 wildlife officer within the period stated in the notice. 2009, c. 14, s. 46
Canada Wildlife Act — W-9 11.91
Compliance with the order 11.91 (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 wildlife officer in an order given orally under subsection 11.8(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. 46
Canada Wildlife Act — W-9 11.92
Intervention by wildlife officer 11.92 (1) If a person to whom an order is directed fails to take any measures specified in the order, a wildlife officer may take the measures or cause them to be taken. Access to property (2) A wildlife officer or other person authorized or required by a wildlife 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 referred to in subsection 11.7(1), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized or required by a wildlife 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. 46