First

Session, 51st General Assembly

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

add

definitions of corporation

and vehicle;

extend the amount of time for

the Lieutenant-Governor in Council to respond to a recommendation from the

species status advisory committee;

clarify the language regarding the

search powers of conservation officers ;

allow conservation officers to

apply for a telewarrant ;

clarify the language regarding

seizure and forfeiture;

increase the amount

of fines for offences under the Act and the regulations;

replace all references to

"Trial Division" with the correct reference "Supreme Court";

and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND

THE

ENDANGERED SPECIES ACT

Analysis

S.2 Amdt.

Definitions

S.6 Amdt.

Species status advisory committee

S.8 Amdt.

Response to recommendation

S.13 Amdt.

Vulnerable

S.14 Amdt.

Threatened or endangered

S.15 Amdt.

Extirpated or extinct

S.17 Amdt.

Defence

8. S.18 Amdt.

Permits

S.32 Amdt.

Powers of inspection

S.34 Amdt.

Search warrant

S.34.1 Added

Telewarrant

S.35 Amdt.

Arrest without warrant

S.36 Amdt

Seizure and confiscation

S.37 Amdt.

Application by person claiming interest

S.38 Amdt.

Offences

S.41 R&S

Obstruction of conservation officer

S.42 Amdt.

Liability of corporate directors and officers

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) 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".

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.

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

(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.

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

(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

(1) Where

anything seized under subsection 36(1) i s 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.

Section 41 of the Act is repealed and the

following substituted:

Obstruction of

conservation officer

(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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