GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Migratory Birds Convention Act, 1994 — M-7.01 13.13
Liability of masters, chief engineers, owners, etc. 13.13 (1) If a vessel commits an offence under this Act and the master, chief engineer, owner or operator of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the offence, the master, chief engineer, owner, or operator, as the case may be, is a party to the offence and is liable on conviction to the penalty provided for by this Act for an individual for the offence of contravening section 5.1, whether or not the vessel has been prosecuted or convicted. Liability of directors and officers of corporate owners of vessels (2) If a vessel commits an offence under this Act and the owner or operator of the vessel is a corporation, every director and officer of the corporation who directed or influenced the corporation’s policies or activities in respect of conduct that is the subject matter of the offence is a party to an offence and is liable on conviction to the penalty provided for by this Act for an individual for the offence of contravening section 5.1, whether or not the vessel has been prosecuted or convicted. 2009, c. 14, s. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.14
Proof of offence — corporation 13.14 In a prosecution of a corporation for an offence under this Act, other than an offence of contravening paragraph 5.2(a), knowingly contravening paragraph 5.2(b) or contravening paragraph 5.2(c) or (d) or section 5.4 or 5.5, it is sufficient proof of the offence to establish that it was committed by an employee, agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or prosecuted for the offence. 2009, c. 14, s. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.15
Proof of offence — master or chief engineer 13.15 In a prosecution of a master or chief engineer of a vessel for an offence under this Act, other than an offence of contravening paragraph 5.2(a), knowingly contravening paragraph 5.2(b) or contravening paragraph 5.2(c) or (d) or section 5.4 or 5.5, it is sufficient proof of the offence to establish that it was committed by a person on board the vessel, whether or not the person is identified or prosecuted for the offence. 2009, c. 14, s. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.16
Proof of offence — section 5.4 13.16 In a prosecution of an offence under section 5.4, it is sufficient proof of the offence to establish that a substance was deposited by the vessel contrary to section 5.1. 2009, c. 14, s. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.17
Due diligence 13.17 A person or vessel that establishes that they exercised due diligence to prevent the commission of an offence under this Act, other than an offence of contravening paragraph 5.2(a), (c) or (d), knowingly contravening paragraph 5.2(b) or contravening section 5.3, shall not be found guilty of the offence. 2009, c. 14, s. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.18
Continuing offence 13.18 A person or vessel that commits or continues an offence under this Act 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. 2009, c. 14, s. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.19
Offences involving more than one bird or nest 13.19 If an offence under this Act involves more than one migratory bird or nest, the fine to be imposed in respect of that offence may, despite sections 13, 13.01, 13.03 and 13.04, be the total of the fines that would have been imposed if each of the migratory birds or nests had been the subject of a separate information. 2009, c. 14, s. 102
Migratory Birds Convention Act, 1994 — M-7.01 13.2
Application of fines 13.2 (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 the environment 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 an organization specified by the court for a purpose referred to in subsection (1). 2009, c. 14, s. 102
Migratory Birds Convention Act, 1994 — M-7.01 14
Forfeiture 14 (1) If a person or vessel 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 where no forfeiture ordered (2) Where the convicting court does not order forfeiture, the seized thing, or the proceeds of its disposition, must be returned to its lawful owner or the person lawfully entitled to possession of it. 1994, c. 22, s. 14; 2005, c. 23, s. 10(E)
Migratory Birds Convention Act, 1994 — M-7.01 15
Retention or sale 15 If a fine is imposed on a person or vessel 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. 1994, c. 22, s. 15; 2005, c. 23, s. 11(E)
Migratory Birds Convention Act, 1994 — M-7.01 16
making an order under subsection (4), the court may direct that notice be given to any person that it considers to be interested and it may hear that person. Subsequent applications with leave (6) If the court hears an application under subsection (4) in respect of an offender, no other application may be made under that subsection with respect to the offender except with leave of the court. 1994, c. 22, s. 16; 2005, c. 23, s. 12; 2009, c. 14, s. 103
Migratory Birds Convention Act, 1994 — M-7.01 17
Suspended sentence 17 (1) If a person or vessel 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 paragraph, make an order under section 16. Imposition of sentence (2) If the person or vessel does not comply with the order or is convicted of another offence within three years after the order was 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. 1994, c. 22, s. 17; 1995, c. 22, s. 18; 2005, c. 23, s. 13(E)
Migratory Birds Convention Act, 1994 — M-7.01 17.1
Civil remedies not affected 17.1 (1) No civil remedy for any conduct is suspended or affected by reason only that the conduct is an offence under this Act. Remedies not repealed, etc. (2) Nothing in this Act repeals, removes or reduces any remedy available under a law in force in Canada. Compensation for cost of remedial or preventive action (3) A court shall not, under paragraph 16(1)(d), order an offender to compensate a person for the cost of any remedial or preventive action referred to in that paragraph if the 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 (4) A court shall not, under subsection 16(2), order an offender to pay to a person compensation for loss of or damage to property if the 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 . 2005, c. 23, s. 14; 2009, c. 14, s. 104
Migratory Birds Convention Act, 1994 — M-7.01 18
Limitation period 18 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. 1994, c. 22, s. 18; 2009, c. 14, s. 105
Migratory Birds Convention Act, 1994 — M-7.01 18.1
Documents, records and data 18.1 In a proceeding under this Act, a document, a record or data that is required to be kept under this Act or the Canada Shipping Act, 2001 is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in it. 2005, c. 23, ss. 15, 48
Migratory Birds Convention Act, 1994 — M-7.01 18.2
Analyst’s certificate 18.2 (1) In a proceeding under this Act, a certificate that appears to be signed by an analyst, that states that an article, sample or substance has been analysed or examined by the analyst and that contains the results of the analysis or examination, is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it. Requiring attendance of analyst (2) The party against whom a certificate is produced may, with leave of the court, require the analyst’s attendance for the purposes of cross-examination. Notice of intention to produce certificate (3) No certificate may be admitted in evidence unless, before the trial, the party that intends to produce it gives reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced. Proof of service (4) Service of a certificate may be proved by oral evidence given under oath by the person who claims to have served it, or by that person’s affidavit or solemn declaration. Attendance for examination (5) Despite subsection (4), the court may require the person who appears to have signed the affidavit or solemn declaration to appear before it for examination or cross-examination in respect of the issue of proof of service. Definition of analyst (6) For the purposes of this section, analyst means a person who is recognized by a laboratory or research centre as having the authority to perform the analysis or examination that is the subject of the certificate. 2005, c. 23, s. 15
Migratory Birds Convention Act, 1994 — M-7.01 18.21
Publication of information about contraventions 18.21 (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. 106
Migratory Birds Convention Act, 1994 — M-7.01 18.22
Minister may refuse or suspend permit 18.22 The Minister may refuse to issue a permit under this Act, or may cancel such a permit, if the applicant or the holder has been convicted of an offence under this Act. 2009, c. 14, s. 106
Migratory Birds Convention Act, 1994 — M-7.01 18.23
Contraventions Act 18.23 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. 106
Migratory Birds Convention Act, 1994 — M-7.01 18.24
Review 18.24 (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 13 to 18.23. 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. 106
Migratory Birds Convention Act, 1994 — M-7.01 18.3
Offences deemed committed in Canada 18.3 (1) An act or omission that is an offence under this Act — or that is committed by or against a person who is engaged in carrying out duties or functions, or exercising a power, under this Act or a person acting under their direction and control and that would be an offence under the Criminal Code if it were committed in Canada — is deemed to be committed in Canada if it is committed in the exclusive economic zone of Canada. Offences deemed committed in Canada (2) An act or omission that would be an offence under this Act if it were committed in Canada — or that is committed by or against a person who is engaged in carrying out duties or functions, or exercising a power, under this Act or a person acting under their direction and control and that would be an offence under the Criminal Code if it were committed in Canada — is deemed to be committed in Canada if it is committed at any place on the seas, other than a place that is in the territorial sea or internal waters of a state other than Canada, in the course of hot pursuit of a vessel that commenced while the vessel was in Canadian waters or in the exclusive economic zone of Canada. Exercising powers of arrest, entry, etc. (3) Every power — including arrest, entry, search and seizure — that may be exercised in Canada in respect of an offence under this Act or under the Criminal Code may, in respect of an offence referred to in subsection (1), be exercised in the exclusive economic zone of Canada and, in respect of an offence referred to in subsection (2), be exercised at any place on the seas other than a place that is in the territorial sea or internal waters of a state other than Canada. Consent of Attorney General of Canada (4) The powers referred to in subsection (3) may not be exercised in relation to a foreign vessel, or to a foreign national on board a foreign vessel, without the consent of the Attorney General of Canada. Jurisdiction of justice or judge (5) A justice, as defined in section 2 of the Criminal Code , or a judge in any territorial division in Canada has jurisdiction to authorize an arrest, entry, search or seizure in connection with an offence referred to in subsection (1) or (2) as if the offence had been committed in that territorial division. Consent of Attorney General of Canada (6) A proceeding that is commenced in respect of an offence referred to in subsection (1) or (2) shall not be continued if the accused is a foreign vessel, or if the accused is a foreign national and the offence was committed while the accused was on board a foreign vessel, unless the Attorney General of Canada consents to the continuation no later than eight days after the proceeding is commenced. 2005, c. 23, s. 15
Migratory Birds Convention Act, 1994 — M-7.01 18.4
Jurisdiction of courts 18.4 A proceeding in respect of an offence referred to in subsection 18.3(1) or (2) may be commenced in any territorial division in Canada whether or not the accused is in Canada, and the accused may be tried and punished for that offence as if the offence had been committed in that territorial division. 2005, c. 23, s. 15
Migratory Birds Convention Act, 1994 — M-7.01 19
Procedure 19 (1) In addition to the procedures set out in the Criminal Code for commencing a proceeding, proceedings in respect of any offence prescribed by the regulations may be commenced by a game officer (a) completing a ticket that consists of a summons portion and an information portion; (b) delivering the summons portion to the accused or mailing it to the accused at the accused’s latest known address; and (c) filing the information portion with a court of competent jurisdiction before the summons portion has been delivered or mailed or as soon as is practicable afterward. Content of ticket (2) The summons and information portions of the ticket must (a) set out a description of the offence and the time and place of its alleged commission; (b) include a statement, signed by the game officer who completes the ticket, that the officer has reasonable grounds to believe that the accused committed the offence; (c) set out the amount of the fine prescribed for the offence by the regulations and the manner in which and period within which it may be paid; (d) include a statement that if the accused pays the fine within the period set out in the ticket, a conviction will be entered and recorded against the accused; and (e) include a statement that if the accused wishes to plead not guilty or for any other reason fails to pay the fine within the period set out in the ticket, the accused must appear in the court on the day and at the time set out in the ticket. Notice of forfeiture (3) Where a thing is seized under this Act and proceedings relating to it are commenced by way of the ticketing procedure, the game officer who completes the ticket shall give written notice to the accused that, if the accused pays the prescribed fine within the period set out in the ticket, the thing, or any proceeds of its disposition, will be immediately forfeited to Her Majesty. Consequences of payment (4) Where an accused to whom the summons portion of a ticket is delivered or mailed pays the prescribed fine within the period set out in the ticket, (a) the payment constitutes a plea of guilty to the offence and a conviction must be entered against the accused and no further action may be taken against the accused in respect of that offence; and (b) notwithstanding section 9, any thing seized from the accused under this Act in relation to the offence, or any proceeds of its disposition, are forfeited to (i) Her Majesty in right of Canada, if the thing was seized by a game officer employed in the federal public administration, or (ii) Her Majesty in right of a province, if the thing was seized by a game officer employed by the government of that province. Regulations (5) The Governor in Council may make regulations prescribing (a) offences in respect of which this section applies and the manner in which the offences are to be described in tickets; and (b) the amount of the fine for a prescribed offence, but the amount may not exceed $1,000. 1994, c. 22, s. 19; 2003, c. 22, s. 224(E)
Migratory Birds Convention Act, 1994 — M-7.01 19.1
Purposes for which information may be disclosed 19.1 (1) Subject to the Privacy Act , information obtained in the administration or enforcement of this Act may be disclosed (a) as necessary for the purposes of the administration or enforcement of this Act; (b) in order to notify another Party to the Convention of an environmental emergency that has been discovered or a potential environmental risk; (c) in order to notify the public of an environmental emergency that has been discovered, or a potential environmental risk, that may affect public health or public safety; or (d) under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or an international organization or any of their institutions, or between the Minister and any other federal minister, if the purpose of the agreement or arrangement is (i) the administration or enforcement of a law, (ii) the fulfilment of the obligations of a Party under the Convention, or (iii) research or statistical analysis in relation to the protection and conservation of migratory birds. Protection from civil proceeding or prosecution (2) Despite any other Act of Parliament, no civil or criminal proceedings lie against a federal minister or any person who acts on behalf or under the direction of a federal minister, the Government of Canada or any of its institutions, and no proceedings lie against the Crown or any institution of the Government of Canada, for the disclosure in good faith of any information under this Act or for any consequences that flow from that disclosure. 2005, c. 23, s. 16
Migratory Birds Convention Act, 1994 — M-7.01
Whereas many species of birds in the course of their annual migrations traverse certain parts of the Dominion of Canada and the United States; and
Migratory Birds Convention Act, 1994 — M-7.01
Whereas many of these species are of great value as a source of food or in destroying insects which are injurious to forests and forage plants on the public domain, as well as to agricultural crops, in both Canada and the United States, but are nevertheless in danger of extermination through lack of adequate protection during the nesting season or while on their way to and from their breeding grounds;
Migratory Birds Convention Act, 1994 — M-7.01
His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British dominions beyond the seas, Emperor of India, and the United States of America, being desirous of saving from indiscriminate slaughter and of insuring the preservation of such migratory birds as are either useful to man or are harmless, have resolved to adopt some uniform system of protection which shall effectively accomplish such objects, and to the end of concluding a convention for this purpose have appointed as their respective plenipotentiaries:
Migratory Birds Convention Act, 1994 — M-7.01
His Britannic Majesty, the Right Honourable Sir Cecil Arthur Spring-Rice, G.C.V.O., K.C.M.G., etc., His Majesty’s ambassador extraordinary and plenipotentiary at Washington; and
Migratory Birds Convention Act, 1994 — M-7.01
The President of the United States of America, Robert Lansing, Secretary of State of the United States;
Migratory Birds Convention Act, 1994 — M-7.01
Who, after having communicated to each other their respective full powers which were found to be in due and proper form, have agreed to and adopted the following articles: —
Migratory Birds Convention Act, 1994 — M-7.01 1
The High Contracting Powers declare that the migratory birds included in the terms of this Convention shall be as follows: — 1 Migratory Game Birds: — (a) Anatidae or waterfowl, including brant, wild ducks, geese, and swans; (b) Gruidae or cranes, including little brown, sandhill, and whooping cranes; (c) Rallidae or rails, including coots, gallinules and sora and other rails; (d) Limicolae or shorebirds, including avocets, curlew, dowitchers, godwits, knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and yellowlegs; (e) Columbidae or pigeons, including doves and wild pigeons. 2 Migratory Insectivorous Birds: Bobolinks, catbirds, chickadees, cuckoos, flickers, flycatchers, grosbeaks, humming birds, kinglets, martins, meadowlarks, nighthawks or bull bats, nuthatches, orioles, robins, shrikes, swallows, swifts, tanagers, titmice, thrushes, vireos, warblers, waxwings, whippoorwills, woodpeckers, and wrens, and all other perching birds which feed entirely or chiefly on insects. 3 Other Migratory Nongame Birds: Auks, auklets, bitterns, fulmars, gannets, grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shearwaters, and terns.
Migratory Birds Convention Act, 1994 — M-7.01 1
1 Migratory Game Birds: — (a) Anatidae or waterfowl, including brant, wild ducks, geese, and swans; (b) Gruidae or cranes, including little brown, sandhill, and whooping cranes; (c) Rallidae or rails, including coots, gallinules and sora and other rails; (d) Limicolae or shorebirds, including avocets, curlew, dowitchers, godwits, knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and yellowlegs; (e) Columbidae or pigeons, including doves and wild pigeons.
Migratory Birds Convention Act, 1994 — M-7.01 (a)
(a) Anatidae or waterfowl, including brant, wild ducks, geese, and swans;
Migratory Birds Convention Act, 1994 — M-7.01 (b)
(b) Gruidae or cranes, including little brown, sandhill, and whooping cranes;
Migratory Birds Convention Act, 1994 — M-7.01 (c)
(c) Rallidae or rails, including coots, gallinules and sora and other rails;
Migratory Birds Convention Act, 1994 — M-7.01 (d)
(d) Limicolae or shorebirds, including avocets, curlew, dowitchers, godwits, knots, oyster catchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and yellowlegs;
Migratory Birds Convention Act, 1994 — M-7.01 (e)
(e) Columbidae or pigeons, including doves and wild pigeons.