C-61.1 - Act respecting the conservation and development of wildlife

Full text
171.5.1. Where an offender has been convicted of an offence described in paragraph 3 of the first paragraph of section 171.2, the judge may, provided an application for an order has been made in the offender’s presence or the offender has been given prior notice by the prosecutor, order that the offender, at the offender’s expense and within a specified time, take the measures necessary to restore the premises to the state they were in prior to the offence or, if applicable, to bring the work carried out into line with the regulatory requirements. The judge may also order the seizure of security furnished under section 128.7 by the holder of an authorization, until the order has been executed to the Minister’s satisfaction.
If the offender fails to comply with an order referred to in the first paragraph, the Minister may, at the offender’s expense, proceed with the restoration of the premises. To that end, any security furnished under section 128.7 is confiscated up to the amount of the costs occasioned by the restoration.
If the premises cannot be restored, the judge may, on an application by the prosecutor, order that an additional amount be paid to the Minister for the management, conservation or development of wildlife habitats. The additional amount must reflect the degree of degradation of the premises. The judge may also order the confiscation of any security furnished under section 128.7, up to the additional amount.
2009, c. 49, s. 38; 2021, c. 242021, c. 24, s. 92.
171.5.1. Where an offender has been convicted of an offence described in section 171.2, the judge may, provided an application for an order has been made in the offender’s presence or the offender has been given prior notice by the prosecutor, order that the offender, at the offender’s expense and within a specified time, take the measures necessary to restore the premises to the state they were in prior to the offence or, if applicable, to bring the work carried out into line with the regulatory requirements. The judge may also order the seizure of security furnished under section 128.7 by the holder of an authorization, until the order has been executed to the Minister’s satisfaction.
If the offender fails to comply with an order referred to in the first paragraph, the Minister may, at the offender’s expense, proceed with the restoration of the premises. To that end, any security furnished under section 128.7 is confiscated up to the amount of the costs occasioned by the restoration.
If the premises cannot be restored, the judge may, on an application by the prosecutor, order that an additional amount be paid to an organization dedicated to the conservation, protection, improvement, restoration or development of wildlife habitats so that it may create a replacement habitat or other type of wildlife habitat in the region where the offence was committed. The additional amount must reflect the degree of degradation of the premises. The judge may also order the confiscation of any security furnished under section 128.7, up to the additional amount.
2009, c. 49, s. 38.