GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada National Parks Act — N-14.01 25
Trafficking in wild animals, etc. 25 (1) Except as permitted by this Act or the regulations, no person shall traffic in any wild animal, whether living or dead, at any developmental stage, in any part of or any derivative of, or in any egg or embryo of, a wild animal — or in any plant or part of a plant or in any other naturally occurring object or product of natural phenomena — taken in or from a park. Offence (2) Every person who contravenes subsection (1) is guilty of an offence and liable (a) on conviction on indictment, (i) in the case of an individual, (A) for a first offence, to a fine of not less than $7,500 and not more than $500,000 or to imprisonment for a term of not more than one year, or to both, and (B) for a second or subsequent 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 one year, or to both, (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), (A) for a first offence, to a fine of not less than $400,000 and not more than $5,000,000, and (B) for a second or subsequent offence, to a fine of not less than $800,000 and not more than $10,000,000, and (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation, (A) for a first offence, to a fine of not less than $25,000 and not more than $3,000,000, and (B) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $6,000,000; or (b) on summary conviction, (i) in the case of an individual, (A) for a first offence, to a fine of not less than $4,000 and not more than $225,000 or to imprisonment for a term of not more than six months, or to both, and (B) for a second or subsequent offence, to a fine of not less than $8,000 and not more than $450,000 or to imprisonment for a term of not more than six months, or to both, (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), (A) for a first offence, to a fine of not less than $50,000 and not more than $3,000,000, and (B) for a second or subsequent offence, to a fine of not less than $100,000 and not more than $6,000,000, and (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation, (A) for a first offence, to a fine of not less than $15,000 and not more than $1,250,000, and (B) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,500,000. Definition of traffic (3) In this section and section 26, traffic means to sell, offer for sale, expose for sale, buy, offer to buy, solicit, barter, exchange, give, send, transport or deliver. 2000, c. 32, s. 25; 2009, c. 14, s. 34, c. 17, ss. 4, 12
Canada National Parks Act — N-14.01 26
th, and (B) for a second or subsequent offence, to a fine of not less than $20,000 and not more than $1,500,000 or to imprisonment for a term of not more than five years, or to both, (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), (A) for a first offence, to a fine of not less than $450,000 and not more than $5,500,000, and (B) for a second or subsequent offence, to a fine of not less than $900,000 and not more than $11,000,000, and (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation, (A) for a first offence, to a fine of not less than $50,000 and not more than $3,500,000, and (B) for a second or subsequent offence, to a fine of not less than $100,000 and not more than $7,000,000; or (b) on summary conviction, (i) in the case of an individual, (A) for a first offence, to a fine of not less than $4,500 and not more than $250,000 or to imprisonment for a term of not more than six months, or to both, and (B) for a second or subsequent offence, to a fine of not less than $9,000 and not more than $500,000 or to imprisonment for a term of not more than six months, or to both, (ii) in the case of a person, other than an individual or a corporation referred to in subparagraph (iii), (A) for a first offence, to a fine of not less than $75,000 and not more than $3,500,000, and (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $7,000,000, and (iii) in the case of a corporation that the court has determined under section 27.1 to be a small revenue corporation, (A) for a first offence, to a fine of not less than $20,000 and not more than $1,500,000, and (B) for a second or subsequent offence, to a fine of not less than $40,000 and not more than $3,000,000. Definitions (5) The definitions in this subsection apply in this section. hunt means to kill, injure, seize, capture or trap, or to attempt to do so, and includes to pursue, stalk, track, search for, lie in wait for or shoot at for any of those purposes. ( chasser ) possess , in relation to any person, includes knowingly having any thing in any place, whether or not that place belongs to or is occupied by the person, for his or her own use or benefit or for that of another person. ( possession ) wildlife [Repealed, 2009, c. 14, s. 35] Amendments to Schedule 3 (6) The Governor in Council may, by regulation, amend Part 1 or 2 of Schedule 3 by adding the name of any species of wild animal or by deleting the name of any species of wild animal. 2000, c. 32, s. 26; 2009, c. 14, s. 35, c. 17, ss. 5, 12
Canada National Parks Act — N-14.01
hunt means to kill, injure, seize, capture or trap, or to attempt to do so, and includes to pursue, stalk, track, search for, lie in wait for or shoot at for any of those purposes. ( chasser )
Canada National Parks Act — N-14.01
possess , in relation to any person, includes knowingly having any thing in any place, whether or not that place belongs to or is occupied by the person, for his or her own use or benefit or for that of another person. ( possession )
Canada National Parks Act — N-14.01 27
Offences involving more than one animal, plant or object 27 (1) If an offence involves more than one animal, plant or object, the fine to be imposed in respect of that offence may, despite sections 24 to 26, be the total of the fines that would have been imposed if each of the animals, plants or objects had been the subject of a separate information. Continuing offences (2) If a contravention of this Act or the regulations is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued. Deeming — second and subsequent offence (3) For the purposes of sections 24 to 26, 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 protection or conservation, or the protection of cultural, historical or archaeological resources — of a substantially similar offence. Application (4) Subsection (3) 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. 2000, c. 32, s. 27; 2009, c. 14, s. 36
Canada National Parks Act — N-14.01 27.1
Determination of small revenue corporation status 27.1 For the purpose of sections 24 to 26, 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. 37
Canada National Parks Act — N-14.01 27.2
Relief from minimum fine 27.2 The court may impose a fine that is less than the minimum amount provided for in section 24, 25 or 26 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. 37
Canada National Parks Act — N-14.01 27.3
Additional fine 27.3 If a person is convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court shall order the person to pay an additional fine in an amount equal to the court’s estimation of the value of that property, benefit or advantage. The additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act. 2009, c. 14, s. 37
Canada National Parks Act — N-14.01 27.4
Notice to shareholders 27.4 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. 37
Canada National Parks Act — N-14.01 27.5
Liability of directors, officers, etc., of corporations 27.5 (1) If a corporation commits an offence under this Act, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the penalty provided for by this Act for an individual in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted or convicted. Duties of directors and officers of corporations (2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with (a) this Act and the regulations; (b) orders made by a court or the superintendent under this Act; and (c) directions of the superintendent, a park warden or an enforcement officer made under this Act. 2009, c. 14, s. 37
Canada National Parks Act — N-14.01 27.6
Fundamental purpose of sentencing 27.6 The fundamental purpose of sentencing for offences under this Act is to contribute to respect for the law establishing and protecting parks 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 parks; and (c) to restore park resources. 2009, c. 14, s. 37
Canada National Parks Act — N-14.01 27.7
Sentencing principles 27.7 (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 park resources; (b) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable park resources; (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 the superintendent, a park warden or an enforcement 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 protection or conservation or the protection of cultural, historical or archaeological resources; 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, it shall give reasons for that decision. 2009, c. 14, s. 37
Canada National Parks Act — N-14.01 28
Forfeiture 28 (1) When a person is convicted of an offence, the 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 in right of Canada. Return where no forfeiture ordered (2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition shall be returned or paid to its lawful owner or the person lawfully entitled to it. Retention or sale (3) Where 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.
Canada National Parks Act — N-14.01 29
Disposition by Minister 29 Any seized thing that has been forfeited under this Act to Her Majesty in right of Canada or abandoned by its owner may be dealt with and disposed of as the Minister may direct.
Canada National Parks Act — N-14.01 29.1
Application of fines 29.1 (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act , are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring parks or for administering that Fund. Recommendations of court (2) The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or organization specified by the court for a purpose referred to in subsection (1). 2009, c. 14, s. 38
Canada National Parks Act — N-14.01 30
rolled in studies related to the environment; and (s) requiring the person to comply with any other conditions that the court considers appropriate. Suspended sentence (2) Where a person is convicted of an offence under this Act 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 paragraph, make an order referred to in subsection (1). Imposition of sentence (3) If a person does not comply with an order made under subsection (2) or is convicted of another offence, the court may, within three years after the order was made, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended. Publication (4) If a person fails to comply with an order made under paragraph (1)(j), the Minister may, in the manner that the court directed the person to do so, publish the facts relating to the commission of the offence and the details of the punishment imposed and recover the costs of publication from the person. Debt due to Her Majesty (5) If the court makes an order under paragraph (1)(c) or (i) directing a person to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (4), the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Enforcement (6) If the court makes an order under paragraph (1)(c) directing a person to pay an amount to another person, other than to Her Majesty in right of Canada, and the amount is not paid without delay, that other person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the person who was directed to pay the amount in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. Cancellation or suspension of permits, etc. (7) If the court makes an order under paragraph (1)(o), any permit, licence or other authorizing instrument to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate. Coming into force and duration of order (8) An order made under subsection (1) comes into force on the day on which it is made or on any other day that the court may determine and shall not continue in force for more than three years after that day unless the court provides otherwise in the order. 2000, c. 32, s. 30; 2009, c. 14, s. 39
Canada National Parks Act — N-14.01 31
Compensation for loss of property 31 (1) If a person has been convicted of an offence under this Act, the court may, at the time sentence is imposed and on the application of the person aggrieved, order the offender to pay to the aggrieved person an amount by way of satisfaction or compensation for loss of or damage to property suffered by that person as a result of the commission of the offence. Enforcement (2) If the amount ordered to be paid under subsection (1) is not paid without delay, the aggrieved person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. 2000, c. 32, s. 31; 2009, c. 14, s. 40
Canada National Parks Act — N-14.01 31.01
Compensation for cost of remedial or preventive action 31.01 (1) A court shall not, under paragraph 30(1)(c), order a person to compensate another person for the cost of any remedial or preventive action referred to in that paragraph if the other person is entitled to make a claim for compensation for that cost under the Marine Liability Act or the Arctic Waters Pollution Prevention Act . Compensation for loss or damage — property (2) A court shall not, under subsection 31(1), order a person to pay to another person an amount by way of satisfaction or compensation for loss of or damage to property if the other person is entitled to make a claim for compensation for that loss or damage under the Marine Liability Act or the Arctic Waters Pollution Prevention Act . 2009, c. 14, s. 40
Canada National Parks Act — N-14.01 31.1
Limitation period 31.1 No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years. 2009, c. 14, s. 40
Canada National Parks Act — N-14.01 31.2
Contraventions Act 31.2 If an offence under this Act is designated as a contravention under the Contraventions Act , subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention. 2009, c. 14, s. 40
Canada National Parks Act — N-14.01 31.3
Publication of information about contraventions 31.3 (1) For the purpose of encouraging compliance with this Act and the regulations, the Minister shall maintain, in a registry accessible to the public, information about all convictions of corporations for offences under this Act. Retention (2) Information in the registry is to be maintained for a minimum of five years. 2009, c. 14, s. 40
Canada National Parks Act — N-14.01 31.4
Review 31.4 (1) The Minister shall, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 24 to 31.3. Report to Parliament (2) The Minister shall, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament. 2009, c. 14, s. 40
Canada National Parks Act — N-14.01 32
Pollution clean-up 32 (1) Where a substance that is capable of degrading the natural environment, injuring fauna, flora or cultural resources or endangering human health is discharged or deposited in a park, any person who has charge, management or control of the substance shall take reasonable measures to prevent any degradation of the natural environment and any danger to the fauna, flora or cultural resources or to persons that may result from the discharge or deposit. Powers of superintendent and Minister (2) If the superintendent of a park is of the opinion that a person is not taking the measures required by subsection (1), the superintendent may direct the person to take those measures and, if the person fails to do so, the Minister may direct those measures to be taken on behalf of Her Majesty in right of Canada. Expenses of clean-up (3) A person who fails to comply with a direction given by a superintendent under subsection (2) is liable for the expenses reasonably incurred by Her Majesty in right of Canada in taking the measures directed, and those expenses may be recovered from that person, with costs, in proceedings brought in the name of Her Majesty in any court of competent jurisdiction.