Canada Wildlife Act (R.S.C., 1985, c. W-9)

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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).

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Abandonment

  (4) The owner of the seized thing may abandon it to Her Majesty in right of Canada or a province.

Marginal note: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.

Marginal note: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.

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.

Marginal note:Compliance order

• 11.7 (1) Whenever, during the course of an inspection or a search, a wildlife officer has reasonable grounds to believe that any provision of this Act or the regulations has been contravened by a person who is continuing the commission of the offence, or that any of those provisions are likely to be contravened, the wildlife officer may issue a compliance order directing any person who causes or contributes to the alleged contravention, or who is likely to do so, to take any of the measures referred to in subsection (2) that are reasonable in the circumstances and consistent with wildlife conservation and public safety in order to cease or refrain from committing the alleged contravention.

• Marginal note:Specific measures

  (2) The order may specify that the person to whom the order is directed take one or more of the following measures:

  • (a) refrain from doing anything in contravention of this Act or the regulations, or do anything to comply with this Act or the regulations;

  • (b) stop or shut down any activity, work, undertaking or thing for a specified period;

  • (c) cease the operation of any activity or any part of a work, undertaking or thing until the wildlife officer is satisfied that the activity, work, undertaking or thing will be operated in accordance with this Act and the regulations;

  • (d) move any conveyance to another location including, in the case of a vessel, moving the vessel into port or, in the case of an aircraft, landing the aircraft;

  • (e) unload or reload the contents of any conveyance; and

  • (f) take any other measure that the wildlife officer considers necessary to facilitate compliance with the order or to protect and conserve wildlife and wildlife habitat, including

    • (i) maintaining records on any relevant matter,

    • (ii) reporting periodically to the wildlife officer, and

    • (iii) submitting to the wildlife officer any information, proposal or plan specified by the wildlife officer that sets out any action to be taken by the person with respect to the subject matter of the order.

• Marginal note:Contents of order

  (3) Subject to section 11.8, an order must be made in writing and must set out

  • (a) the name of the person or persons to whom the order is directed;

  • (b) the provision of this Act or the regulations that is alleged to have been or that is likely to be contravened;

  • (c) the relevant facts surrounding the alleged contravention;

  • (d) the measures to be taken;

  • (e) the time or the day when each measure is to begin or the period during which it is to be carried out;

  • (f) subject to subsection (4), the duration of the order;

  • (g) a statement that a request for a review may be made to the Chief Review Officer; and

  • (h) the period within which a request for a review may be made.

• Marginal note:Duration of order

  (4) An order may not be in force for a period of more than 180 days.

• Marginal note:Failing to file report

  (5) For the purposes of subsection (1), a person who commits an offence by failing to file a report required by this Act or the regulations is deemed to be continuing the commission of the offence each day that the report is not filed.

• Marginal note:Statutory Instruments Act

  (6) An order is not a statutory instrument for the purposes of the Statutory Instruments Act.