c-61.1, r. 16 - Regulation respecting the disposal of seized or confiscated property

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter C-61.1, r. 16

Regulation respecting the disposal of seized or confiscated property

Act respecting the conservation and development of wildlife

(chapter C-61.1, ss. 18.1, 20 and 162).

DIVISION I DISPOSAL OF SEIZED PROPERTY

1. Where property seized under the Act respecting the conservation and development of wildlife (chapter C-61.1) is perishable or likely to depreciate rapidly, a protection officer may dispose of it within 30 days following seizure, as follows:

(1)  in the case of a fish or an animal fit for consumption, a fur-bearing animal or an undressed pelt having a commercial value, he may remit it to a charitable or non-profit organization or sell it if that is permitted by that Act;

(2)  in the case of a fish or an animal unfit for consumption, a fur-bearing animal or a pelt having no commercial value, he may remit it to a salvager or a dismembering plant referred to in the Regulation respecting food (chapter P-29, r. 1) or destroy it;

(3)  notwithstanding paragraphs 1 and 2, in the case of an animal, regardless of whether it has a commercial value, he may remit it to an organization for educational purposes or for taxidermy; and

(4)  notwithstanding paragraphs 1, 2 and 3, in the case of an animal killed by a vehicle or a train, he may remit it to a salvager or a dismembering plant referred to in paragraph 2 or to an organization for educational purposes or for taxidermy.

O.C. 1516-97, s. 1.

DIVISION II DETERMINATION OF AN INDEMNITY

2. Where property referred to in section 1 has been disposed of and it later appears that there are no grounds for confiscation, a protection officer shall, upon application by the person entitled thereto, remit to him the following indemnity as a replacement for that property:

(1)  in the case of a moose that is whole or is divided into quarters equivalent to a whole animal:

$1,500 a male moose one year old or older;

$1,000 a female moose one year old or older;

$750 a male or female moose less than one year old;

$1,000 a moose whose age or sex cannot be determined;

(2)  in the case of moose flesh:

$10 per kilogram up to a maximum of $1,500;

(3)  in the case of a caribou that is whole or is divided into quarters equivalent to a whole animal:

$1,000 a male caribou one year old or older;

$750 a female caribou one year old or older;

$500 a male or female caribou less than one year old;

$750 a caribou whose age or sex cannot be determined;

(4)  in the case of caribou flesh:

$10 per kilogram up to a maximum of $1,000;

(5)  in the case of a white-tailed deer that is whole or is divided into quarters equivalent to a whole animal:

$750 a male white-tailed deer one year old or older;

$500 a female white-tailed deer one year old or older;

$250 a male or female white-tailed deer less than one year old;

$500 a white-tailed deer whose age or sex cannot be determined;

(6)  in the case of white-tailed deer flesh:

$10 per kilogram up to a maximum of $750;

(7)  in the case of a fur-bearing animal referred to in Column 1 of Schedule II to the Regulation respecting trapping and the fur trade (chapter C-61.1, r. 21) or an undressed pelt of any of those animals, the indemnity shall correspond to the proceeds of the sale if the seized property has been sold; if it has not been sold and if the animal or the pelt has a commercial value, the indemnity shall correspond to the average value of the prices obtained at the most recent auction preceding the date of the seizure.

In the case of a black bear or a beaver that is whole, the amount of the indemnity provided for in this paragraph shall be increased by 25%; and

(8)  in the case of any other animal or fish having a commercial value, the indemnity shall be equal to the selling price.

O.C. 1516-97, s. 2.

DIVISION III DISPOSAL OF CONFISCATED PROPERTY

3. Where property seized under the Act respecting the conservation and development of wildlife (chapter C-61.1) has been confiscated, a protection officer shall dispose of it as follows:

(1)  in the case of property that is unusable and has no commercial value, he may remit it to a charitable organization;

(2)  in the case of property having a commercial value, he shall dispose of it according to the procedures established by the Conseil du trésor;

(2.1)  in the case of a firearm, he may dispose of it in accordance with the provisions of the Public Agents Firearms Regulations (SOR/98-203);

(3)  in the case of a live animal of a native species, he may, if the animal is unharmed and after having verified that it is not diseased and does not carry any disease, set it free, or give it or sell it to a person legally authorized to keep it under the Regulation respecting animals in captivity (chapter C-61.1, r. 5) or have it put to sleep; otherwise, he shall remit it to a rehabilitation centre referred to in that Regulation;

(4)  in the case of a live animal of a non-native species, he may, if the animal is unharmed, sell it or give it to a person legally authorized to keep it under the Regulation referred to in paragraph 3 or have it put to sleep; or

(5)  where he cannot dispose of the property as indicated in paragraphs 1 to 4, he shall destroy it.

O.C. 1516-97, s. 3; O.C. 24-2002, s. 1.

4. This Regulation replaces the Regulation respecting the disposal of confiscated objects (O.C. 427-82, 82-02-24).

O.C. 1516-97, s. 4.

5. (Omitted).

O.C. 1516-97, s. 5.

REFERENCES

O.C. 1516-97, 1997 G.O. 2, 5806

S.Q. 2000, c. 48, s. 36

O.C. 24-2002, 2002 G.O. 2, 805