7

 

 

First Session, 51st General Assembly

3 Charles III, 2026

BILL 7

AN ACT TO AMEND THE ENDANGERED SPECIES ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE PLEAMAN FORSEY

Minister of Forestry, Agriculture and Lands

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Endangered Species Act to

ˇ         add definitions of corporation and vehicle;

ˇ         extend the amount of time for the Lieutenant-Governor in Council to respond to a recommendation from the species status advisory committee;

ˇ         clarify the language regarding the search powers of conservation officers;

ˇ         allow conservation officers to apply for a telewarrant;

ˇ         clarify the language regarding seizure and forfeiture;

ˇ         increase the amount of fines for offences under the Act and the regulations;

ˇ         replace all references to "Trial Division" with the correct reference "Supreme Court"; and

ˇ         incorporate gender-neutral language.

A BILL

AN ACT TO AMEND

 THE ENDANGERED SPECIES ACT

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.6 Amdt.
Species status advisory committee

        3.   S.8 Amdt.
Response to recommendation

        4.   S.13 Amdt.
Vulnerable

        5.   S.14 Amdt.
Threatened or endangered

        6.   S.15 Amdt.
Extirpated or extinct

        7.   S.17 Amdt.
Defence

        8.   S.18 Amdt.
Permits

        9.   S.32 Amdt.
Powers of inspection

      10.   S.34 Amdt.
Search warrant

      11.   S.34.1 Added
Telewarrant

      12.   S.35 Amdt.
Arrest without warrant

      13.   S.36 Amdt
Seizure and confiscation

      14.   S.37 Amdt.
Application by person claiming interest

      15.   S.38 Amdt.
Offences

      16.   S.41 R&S
Obstruction of conservation officer

      17.   S.42 Amdt.
Liability of corporate directors and officers

      18.   S.46 Amdt.
Delay in prosecution

      19.   Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2001 cE-10.1
as amended

        1. (1) Section 2 of the Endangered Species Act is amended by adding immediately after paragraph (a) the following:

         (a.1)  "corporation" means corporation as defined in the Corporations Act;

             (2)  Section 2 of the Act is amended by deleting the word "and" at the end of paragraph (n), deleting the period at the end of paragraph (o) and substituting a semi-colon and the word "and" and adding immediately after paragraph (o) the following:

             (p)  "vehicle" means a device upon or in which a person or property may be transported or drawn over land, water, snow, ice, marsh, swampland and other natural terrain and includes an aircraft or air-cushioned vehicle.

 

        2. Subsection 6(5) of the Act is amended by deleting the words "his or her" and substituting the words "the member's".

 

        3. Section 8 of the Act is amended by deleting the number "90" and substituting the number "180".

 

        4. Subsection 13(2) of the Act is amended by deleting the words "he or she" and substituting the words "the minister".

 

        5. (1) Subsection 14(2) of the Act is amended by deleting the words "he or she" and substituting the words "the minister".

             (2)  Subsection 14(3) of the Act is amended by deleting the words "he or she" and substituting the words "the minister".

 

        6. (1) Subsection 15(2) of the Act is amended by deleting the words "he or she" and substituting the words "the minister".

             (2)  Subsection 15(3) of the Act is amended by deleting the words "he or she" and substituting the words "the minister".

 

        7. Subsection 17(1) of the Act is amended by deleting the words "himself or herself" and substituting the words "the person".

 

        8. Subsection 18(1) of the Act is repealed and the following substituted:

Permits

      18. (1) The minister may issue a permit to a person to disturb, harass, injure, capture, kill, or possess a specimen of a species designated as threatened, endangered, or extirpated where

             (a)  the applicant, or a predecessor in title, legally possessed the specimen before its designation under this Act;

             (b)  the applicant is a member of a group that traditionally uses a specimen for religious or ceremonial purposes;

             (c)  the specimen is required for scientific research, education or species recovery; or

             (d)  the specimen is required for another activity the minister considers to be appropriate,

and in the opinion of the minister there is no reasonable alternative and the disturbance, harassment, injury, capture, killing and possession of the specimen will not put the species at further risk.

 

        9. Section 32 of the Act is amended by deleting the words "property, vehicle, aircraft, vessel, boat or raft" and substituting the words "property or vehicle".

 

      10. (1) Subsection 34(1) of the Act is repealed the following substituted:

Search warrant

      34. (1) Where a conservation officer believes on reasonable grounds that a person has contravened this Act or the regulations, a conservation officer may, with a warrant issued under subsection (2) or subsection 34.1(1), at a reasonable time, enter upon a building, receptacle or place and may investigate, inquire into, inspect and examine anything in respect of which the investigation is being made.

             (2)  Subsection 34(3) of the Act is amended by deleting the words "his or her" and substituting the words "the conservation officer's".

 

      11. The Act is amended by adding immediately after section 34 the following:

Telewarrant

   34.1 (1) Where, in the opinion of a conservation officer, it would not be practical to appear before a Provincial Court judge to apply for a warrant, the conservation officer may make the application by telephone or other means of telecommunication.

             (2)  Where a conservation officer acts under the authority of a warrant obtained under this section, the conservation officer shall provide a facsimile of the warrant to the owner or person in charge of a building, receptacle or place present at the time the warrant is carried out.

             (3)  In subsection (2), "facsimile" includes a record produced by electronic means or a written record of a telephone conversation made by both parties to the conversation while it is in progress and which the parties have confirmed as to its accuracy by reading their record of the conversation to one another at the end of the conversation.

 

      12. Section 35 of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the conservation officer".

 

      13. (1) Subsections 36(1) and (2) of the Act are repealed and the following substituted:

Seizure and confiscation

      36. (1) A conservation officer who has reasonable grounds to suspect that a

             (a)  material, implement, appliance or thing has been used; or

             (b)  specimen of a designated species has been harassed, disturbed, injured, damaged, taken, killed or possessed,

in violation of this Act or the regulations may, on view, seize it and a paper, document or record in the possession of the person concerned at the time of the seizure if, in the officer's opinion, it might give evidence of the commission of an offence under this Act or the regulations and other material, implement, appliance or thing in the possession of the person concerned at the time of seizure and capable of use in harassing, disturbing, injuring, damaging, taking, killing, possessing, storing or transporting the specimen with which the suspected use, harassing, disturbing, injuring, damaging, taking, killing or possessing is connected, including a gun or firearm, silencer, trap, decoy, snare, light, dog team, vehicle, refrigerator, storage locker or container or electronic device or equipment.

             (2)  Anything seized under subsection (1) shall be retained in the custody of the conservation officer making the seizure or shall be delivered into the custody of the person that the minister may direct.

             (2)  Subsection 36(11) of the Act is repealed and the following substituted:

          (11)  Anything seized under subsection (1), or the cash deposit or bond in respect of it made under subsection (9), or the proceeds realized, less expenses involved in the sale, from a sale under subsection (3), except anything forfeited under subsection (8), shall be returned or paid to the person from whom the thing or cash deposit or bond was taken where no prosecution in respect of the alleged offence is instituted, and shall be returned or paid upon the expiration of 3 months from the day of the seizure unless before that time proceedings in respect of the alleged offence are instituted.

             (3)  Subsection 36(12) of the Act is amended by deleting the words "a forfeited item" and substituting the words "anything".

             (4)  Subsection 36(13) of the Act is repealed and the following substituted:

          (13)  Where anything has been seized under subsection (1), or a cash deposit or bond in respect of it has been made under subsection (9), and the proceedings in respect of the offence have been instituted, but the thing or cash deposit or bond or proceeds realized from a sale under subsection (3) are not at the conclusion of the proceedings ordered to be forfeited under subsection (5) or (6) and have not been forfeited under subsection (8), the thing or cash deposit or bond or proceeds of sale, less expenses involved in the sale, shall be returned or paid to the person from whom the thing was taken, or cash deposit or bond received, unless there has been a conviction and a fine imposed, in which case the thing may be detained until the fine is paid, or the cash deposit or bond made under subsection (9) or the proceeds realized from a sale of a specimen or other perishable thing under subsection (3), less expenses involved in the sale, may be applied in or towards payment of the fine, and the cash deposit or bond not so applied may be paid to the person entitled to it out of the Consolidated Revenue Fund.

 

      14. (1) Subsection 37(1) of the Act is repealed and the following substituted:

Application by person claiming interest

      37. (1) Where anything  seized under subsection 36(1) is forfeited to the Crown under subsection 36(5), (6), (7) or (8), a person, other than a person convicted of the offence that resulted in the forfeiture or who was in possession of the thing when it was seized, who claims an interest in the thing as owner, mortgagee, lien holder or holder of a life interest may, within 30 days after the forfeiture, apply by written notice to a Provincial Court judge for an order under subsection (4).

             (2)  Paragraph 37(4)(c) of the Act is repealed and the following substituted:

             (c)  that the applicant exercised reasonable care in respect of the person permitted to obtain the possession of the thing to satisfy the applicant that it was not likely to be used contrary to this Act or the regulations, or, in the case of a mortgagee or lien holder, that the applicant exercised that care with respect to the mortgagor or the lien giver, the applicant is entitled to an order declaring the nature, extent, and, considering the then actual value of the thing, value of the applicant's interest.

             (3)  Subsection 37(5) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

             (4)  Subsection 37(6) of the Act is repealed and the following substituted:

             (6)  The minister shall, upon application made to the minister by a person who has obtained a final order under this section

             (a)  except in the case of a specimen or other perishable thing disposed of under subsection 36(3) or a specimen or other perishable thing redelivered under subsection 36(9), direct that the thing to which the interest of the applicant relates be handed over to the applicant; or

             (b)  direct that an amount equal to the value of the interest of the applicant, as declared in the order, or a lesser amount that the Lieutenant-Governor in Council may direct, be paid to the applicant.

             (5)  Subsection 37(9) of the Act is amended by

             (a)  deleting the words "his or her" and substituting the words "the judge's"; and

             (b)  deleting the words "Trial Division" and substituting the words "Supreme Court".

 

      15. (1) Subsections 38(2), (3) and (4) of the Act are repealed and the following substituted:

             (2)  Where a person, other than a corporation, is convicted of an offence under subsection (1), that person is liable

             (a)  for the first conviction, to a fine of not less than $3,000 and not more than $50,000, or to imprisonment for a term of not more than 3 months, or to both;

             (b)  for a second conviction, to a fine of not less than $6,000 and not more than $100,000, or to imprisonment for a term of not more than 6 months, or to both; and

             (c)  for a third and subsequent conviction, to a fine of not less than $12,000 and not more than $250,000, or to imprisonment for a term of not more than 12 months, or to both.

             (3)  Where a corporation is convicted of an offence under subsection (1), the corporation is liable to a fine of not less than $5,000 and not more than $2,000,000.

             (4)  In addition to a fine imposed under subsection (2), the court may impose a fine of not less than $3,000 and not more than $50,000 for each day the offence continues.

             (2)  Section 38 of the Act is amended by adding immediately after subsection (4) the following:

         (4.1)  In addition to a fine imposed under subsection (3), the court may impose a fine of not less than $5,000 and not more than $250,000 for each day the offence continues.

 

      16. Section 41 of the Act is repealed and the following substituted:

Obstruction of conservation officer

      41. (1) A person, other than a corporation, who obstructs or resists a conservation officer while the conservation officer is engaged in exercising the powers or discharging the duties conferred or imposed under this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $25,000 and to imprisonment for a period not exceeding 6 months.

             (2)  A corporation that obstructs or resists a conservation officer while the conservation officer is engaged in exercising the powers or discharging the duties conferred or imposed under this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not less than $10,000 and not more than $50,000.

 

      17. Subsection 42(2) of the Act is amended by deleting the number "2" and substituting the number "3".

 

      18. Subsection 46(2) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

Commencement

      19. This Act, or a section, subsection, paragraph or subparagraph of this Act, comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.

 

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