C-61 - Wild-life Conservation Act

Section 81.1 Disposition versions

1984-06-06

81.1. (Replaced).

1978, c. 65, s. 44; 1983, c. 39, s. 184.

1979-02-07

81.1. (1)  No penal proceeding is instituted under one of the sections enumerated in section 68 or 69, unless the Minister or any other person authorized by him has mailed to the accused a prior notice describing the offence, the objects or animals seized, specifying the fine and, as the case may be, the suspension or revocation of a licence or of a hunter’s certificate or any other relevant information and indicating the place where payment of the fine and of the costs of $2 must be made within 10 days after the notice.

(2)  The payment of the amount required within the delay fixed by the notice prevents the penal proceeding.

(3)  This payment shall not however be invoked as an admission of civil liability.

(4)  After that payment, the accused must be considered as having been found guilty of the offence, the objects or animals seized considered confiscated and, as the case may be, the suspension, the revocation of a licence or hunter’s certificate or any other condition of suspension provided for by regulation, considered effected or fulfilled.

(5)  The omission to give the notice required by this section shall not be invoked against a proceeding for an offence and it is not necessary to allege that it has been given nor to make the proof thereof. But, if the accused, when appearing, admits that he is guilty and thereafter proves that the notice has not been given to him, he shall not be condemned to pay an amount greater than the amount he would have been called upon to pay under the notice.

(6)  This section does not apply

(a)  to an offence other than the first offence;

(b)  when the accused is not a resident;

(c)  when the accused is a person contemplated in section 74;

(d)  to an offence relating to the trapping of fur-bearing animals or to the trade of pelts or furs.

1978, c. 65, s. 44.