Polar Bear Protection Act, 2003 Mushinski, Marilyn — Bill 122 (37th Parliament, 4th Session)

Bill 122, 37-4

Ontario — Bills

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Bill 122, Polar Bear Protection Act, 2003

Mushinski, Marilyn

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[37] Bill 122 Original (PDF)

Bill 122 2003

An Act to provide

protection for polar bears

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Definitions

Definitions

1. In this Act,

"licence" means a licence issued under this Act; ("permis")

"licensed activity" means an activity for which a person requires a

licence; ("activité autorisée")

"licensee" means the holder of a licence; ("titulaire de permis")

"Minister" means the Minister of Natural Resources or whatever other

member of the Executive Council to whom the administration of this Act is

assigned under the Executive Council Act ; ("ministre")

"Ministry" means the Ministry of the Minister; ("ministère")

"polar bear" means all species and subspecies of Ursus maritimus ;

("ours polaire")

"regulations" mean the regulations made under this Act.

("règlements")

Licences

Licence required

2. No person shall possess a polar bear or

export or attempt to export a polar bear from Ontario unless the person holds

a licence.

Application for licence

(1) A person may apply to the

Minister for the issuance of a licence.

Grounds for licence

(2) The Minister shall not issue a licence to an applicant

unless the applicant pays the fee prescribed by the regulations and the

Minister is satisfied that,

(

a) the applicant requires a polar bear for a legitimate scientific,

educational or conservation purpose or another purpose prescribed by the

regulations;

(

b) the polar bear that is the subject of the licence meets the

requirements specified in the regulations as to when a polar bear may be

placed in captivity; and

(

c) the applicant meets all eligibility requirements specified in the

regulations.

Address for service

(1) Every applicant for a

licence shall state in the application an address for service in Ontario.

Change in address

(2) A licensee who changes an address for service shall notify

the Minister in writing within five days of making the change.

Service

(3) All notices under this Act are sufficiently given or served

if sent by registered mail or delivered to the latest address for service

given under this section.

Conditions

(1) A licence is subject to,

(

a) the conditions that relate to a licensed activity and that are

specified in the regulations; and

(

b) the conditions that relate to a licensed activity and that the

Minister specifies in the licence, if they do not conflict with the

regulations.

Compliance

(2) A licensee shall comply with the conditions to which the

licence is subject.

No transfers

(3) A licence is not transferable.

Suspension and revocation of licence

6. The Minister may suspend or revoke a

licence if the Minister is satisfied that,

(

a) the licensee has contravened a condition of the licence or a

requirement imposed on the licensee by this Act or the regulations; or

(

b) the regulations authorize the Minister to suspend or revoke the

licence for another reason.

Care of polar bears

7. A licensee who holds a licence with respect

to a polar bear shall,

(

a) keep the bear in a facility that meets the standards specified in the

regulations and provide the bear with the care that meets the standards

specified in the regulations;

(

b) use the bear only for the purposes specified in the licence;

(

c) not transfer possession of the bear to another person without the

consent of the Minister;

(

d) if the Minister is satisfied that the licensee has breached the

licence and provides written notice to the licensee, release the bear as

specified by the Minister or transfer it to a facility specified by the

Minister;

(

e) comply with the procedure specified in the licence regarding the

release or transfer of the bear, if the licensee becomes unable or unwilling

to keep the bear;

(

f) pay all costs relating to a release or transfer of the bear described

in clause (

d) or (e);

(

g) comply with all other requirements that the regulations specify

relating to the care and treatment of the bear.

Investigations and Enforcement

Investigators

(1) The Minister may appoint any

person to be an investigator for the purpose of determining whether there is

compliance with this Act, the regulations or the terms of a licence.

Certificate of appointment

(2) The Minister shall issue to every investigator a

certificate of appointment, bearing the Minister's signature or a facsimile

of it.

Police officers

(3) Police officers, by virtue of office, are investigators for

the purposes of this Act and the regulations, but subsection (2) does not

apply to them.

Proof of appointment

(4) Every investigator who exercises powers under this Act

shall, upon request, produce the certificate of appointment as an

investigator or identification as a police officer, as the case may be.

Investigation

(1) An investigator may, without

warrant or court order, enter and inspect any premises or conveyance in

accordance with this

section if,

(

a) the investigator has reasonable grounds to believe that the premises

or conveyance is used for the purpose of carrying on a licensed activity;

and

(

b) the investigator is conducting the investigation for the purpose of

determining whether a person is carrying on a licensed activity in accordance

with this Act and the regulations.

Powers of investigator

(2) In an investigation under this section, an investigator

may,

(

a) demand the production of any thing used in carrying on a licensed

activity or any books, records or other documents relevant to the

subject-matter of the investigation or copies or extracts from the books,

records or other documents;

(

b) inquire into all information, records and other matters that are

relevant to a licensed activity or other thing used in carrying on a licensed

activity;

(

c) demand the production for inspection of anything described in clause

(b);

(

d) use any data storage, processing or retrieval device or system

belonging to the persons being inspected in order to produce a record in

readable form of any books, records or other documents relevant to the

subject-matter of the inspection.

Entry to dwellings

(3) An investigator shall not, without the consent of the

occupier, exercise a power to enter a place that is being used as a dwelling,

except under the authority of a search warrant issued under

section 158 of

the Provincial Offences Act .

Time for entry

(4) An investigator shall exercise the power to enter a

premises or conveyance under this

section only during reasonable hours for

the premises or conveyance.

No obstruction

(5) No person shall obstruct an investigator who is exercising

powers under this

section or provide an investigator with false or misleading

information.

Assistance

(6) An investigator who exercises powers under this

section

may,

(

a) call on any person for whatever assistance the investigator considers

necessary to accomplish what the investigator is empowered to do;

(

b) call for the assistance of any member of the Ontario Provincial Police

or the municipal police force in the area where the assistance is required to

preserve the peace.

Person assisting

(7) A person assisting an investigator in exercising powers

under this

section has the powers of an investigator while acting under the

direction of the investigator.

Police

(8) It is the duty of every member of a police force called to

render assistance under clause (6) (

b) to render the assistance.

Written demand

(9) A demand for books, records or other documents or copies or

extracts from them under subsection (2) shall be in writing and shall include

a statement of the nature of the things that are required to be produced.

Obligation to assist

(10) If an investigator makes a demand for any thing under

subsection (2), the person having custody of the thing shall produce it to

the investigator and, at the request of the investigator, shall provide

whatever assistance is reasonably necessary, including using any data

storage, processing or retrieval device or system to produce a record in

readable form, if the demand is for a document.

Removal of documents

(11) If a person produces books, records and other documents to

an investigator, the investigator may, on issuing a written receipt, remove

them and may,

(

a) review or copy any of them; or

(

b) bring them before a justice, in which case

section 159 of the

Provincial Offences Act applies.

Return of documents

(12) The investigator shall carry out any reviewing or copying

of books, records and documents with reasonable dispatch, and shall forthwith

after the reviewing or copying return them to the person who produced

them.

Admissibility of copies

(13) A copy certified by an investigator as a copy made under

clause (11) (

a) is admissible in evidence to the same extent, and has

the same evidentiary value, as the thing copied.

Offences

(1) A person who contravenes

this Act or the regulations is guilty of an offence.

Corporations

(2) If a corporation commits an offence under this Act, an

officer, director, employee or agent of the corporation who directed,

authorized, assented to, acquiesced in or participated in the commission of

the offence is party to and guilty of the offence and is liable on conviction

to the punishment provided for the offence, whether or not the corporation

has been prosecuted for the offence.

Penalties

(3) A person convicted of an offence under this Act is liable

to,

(

a) a fine of not more than $10,000 or imprisonment for a term of not more

than six months or both for each day or part of a day on which the offence

occurs or continues, in the case of an individual;

(

b) a fine of not more than $50,000 for each day or part of a day on which

the offence occurs or continues, in the case of a corporation.

General

Crown liability

(1) Except in the case of an

application for judicial review or an action or proceeding that any Act or

regulation under this or any other Act specifically provides with respect to

a person mentioned in this subsection, no action or other proceeding for

damages or otherwise shall be instituted against any of the following persons

for any act done in good faith in the execution or intended execution of any

duty or authority under this Act or for any alleged neglect or default in the

execution in good faith of that duty or authority:

1. An employee of the Ministry.

2. A Crown employee within the meaning of the Public Service

Act .

3. An investigator who is exercising powers under

section 9.

4. A person who is assisting an investigator in exercising powers under

section 9.

Same

(2) Subsection (1) does not, by reason of subsections 5 (2) and

(4) of the Proceedings Against the Crown Act , relieve the Crown of

liability in respect of a tort committed by an agent or servant of the Crown

to which it would otherwise be subject.

Regulations

12. The Lieutenant Governor in Council may

make regulations,

(

a) prescribing or specifying anything that is described as prescribed or

specified in the regulations;

(

b) respecting licences, including the fee and any information or

documentation that an applicant is required to submit with an application for

a licence;

(

c) respecting the term of a licence;

(

d) specifying the reasons for which the Minister may suspend or revoke a

licence under clause 6 (b);

(

e) requiring licensees to keep records relating to the licensed activity

that they carry on and to submit reports to the Minister on the records at

the times that the Minister requires;

(

f) respecting any matter necessary or advisable to carry out effectively

the purposes of this Act.

Commencement

13. This Act comes into force on a da

Document details

Collection	Ontario — Bills
Citation	Bill 122, 37-4
Type	bill
Volume / chapter	p37 s4 bill 122 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	aed009ba3fbc8e33d3428f840de495df398186ba

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