Migratory Birds Convention Act, 1994

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.