Wild Animal and Plant Trade Regulations

Contents

His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 21 of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, is pleased hereby to make the annexed Regulations respecting the protection of certain species of wild animals and wild plants and the regulation of international and interprovincial trade in those species, effective on the day on which An Act respecting the protection of certain species of wild animals and plants and the regulation of international and interprovincial trade in those species, being chapter 52 of the Statutes of Canada, 1992, comes into force.^note

1 #

[Repealed, SOR/2017-123, s. 2] (repealed)

2 #

In these Regulations,

Act means the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act; (Loi)

artificially propagated [Repealed, SOR/2017-123, s. 3]

bred in captivity means

(a)in the case of sexual reproduction, born or otherwise produced in a controlled environment of parents that mated or whose gametes were otherwise transmitted under controlled conditions, and

(b)in the case of asexual reproduction, produced or developed under controlled conditions; (élevé en captivité)

competent authority means the authority, body or person in a country or province who is legally competent to authorize the export from that country, or the transportation out of or into that province, of an animal or plant or any part or derivative of an animal or plant. (autorité compétente)

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Fauna and Flora Listed in an Appendix to the Convention

3 #

In regulation 2 (Interpretation)—

(1)The animals listed in column I of an item of Part I of Schedule I are listed as “fauna” in the appendix to the Convention specified in column II of that item.

(2)The plants listed in column I of an item of Part II of Schedule I are listed as “flora” in the appendix to the Convention specified in column II of that item.

Importation into Canada

4 #

For the purposes of subsection 6(1) of the Act,

(a)animal means any specimen, whether living or dead, of any wild species of the animal kingdom (kingdom Animalia), and includes any egg, sperm, tissue culture or embryo of any such animal; and

(b)plant means any specimen, whether living or dead, of any wild species of the plant kingdom (kingdom Plantae), and includes any seed, spore, pollen or tissue culture of any such plant.

5 #

For the purposes of subsection 6(2) of the Act and in respect of importation,

(a)animal means any specimen, whether living or dead, of any species of animal listed as “fauna” in an appendix to the Convention or listed in Schedule II, and includes any egg, sperm, tissue culture or embryo of any such animal; and

(b)plant means any specimen, whether living or dead, of any species of plant listed as “flora” in an appendix to the Convention, and includes any seed, spore, pollen or tissue culture of any such plant.

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5.1 #

[Repealed, SOR/2017-86, s. 2] (repealed)

6 #

(1)A person who imports into Canada an animal or plant that is listed as “fauna” or “flora” in Appendix II to the Convention but is not listed in Schedule II, or any part or derivative of any such animal or plant, is exempted from holding a permit issued under subsection 10(1) of the Act where the person has obtained, before import, a permit, certificate or written authorization that satisfies the requirements of the Convention and is granted by a competent authority in the country of export.

(2)Subject to subsection (3), a person who imports into Canada an animal or plant that is listed as “fauna” or “flora” in Appendix III to the Convention but is not listed in Schedule II, or any part or derivative of any such animal or plant, is exempted from holding a permit issued under subsection 10(1) of the Act where the person has obtained, before import, a certificate that satisfies the requirements of the Convention and is granted by a competent authority in the country of export.

(3)Where a person imports into Canada an animal or plant referred to in subsection (2) and listed in a subitem of column I of Schedule I, or any part or derivative of any such animal or plant, from a country of export listed in column III of that subitem, the person is exempted from holding a permit issued under subsection 10(1) of the Act where the person has obtained, before import, a permit or certificate that satisfies the requirements of the Convention and is granted by a competent authority in that country.

Exportation from Canada

7 #

For the purposes of subsection 6(2) of the Act and in respect of exportation,

(a)animal means any specimen, whether living or dead,

(i)of any species of animal listed as “fauna” in an appendix to the Convention, and includes any egg, sperm, tissue culture or embryo of any such animal, and

(ii)of any wild species of the animal kingdom (kingdom Animalia), or any egg, sperm, tissue culture or embryo of any such animal, the transportation of which out of a province is regulated or prohibited by the province; and

(b)plant means any specimen, whether living or dead,

(i)of any species of plant listed as “flora” in an appendix to the Convention, and includes any seed, spore, pollen or tissue culture of any such plant, and

(ii)of any wild species of the plant kingdom (kingdom Plantae), or any seed, spore, pollen or tissue culture of any such plant, the transportation of which out of a province is regulated or prohibited by the province.

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(1)This section applies only in respect of animals and plants that are not listed as “fauna” or “flora” in any appendix to the Convention.

(2)A person who exports from Canada an animal or plant to which this section applies, or any part or derivative of any such animal or plant, is exempted from holding a permit issued under subsection 10(1) of the Act where the thing being exported is transported out of a province that does not prohibit such transportation and that

(a)allows such transportation only if the person has obtained a permit or certificate issued by a competent authority in the province that authorizes such transportation; or

(b)does not require provincial authorization for such transportation.

9 #

(1)Every person who exports from Canada a live animal shall, where it is shipped by air, prepare it for shipment and ship it in accordance with the IATA Live Animals Regulations, 22nd edition, published in 1995 by the International Air Transport Association, as amended from time to time.

(2)Every person who exports from Canada a live animal or plant shall, where it is shipped by land, sea or, in the case of a live plant, air, prepare it for shipment and ship it in accordance with the Guidelines for Transport and Preparation for Shipment of Live Wild Animals and Plants, as amended from time to time, adopted in 1979 by the Conference of Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora and published in 1980 under the sponsorship of the United Nations Environment Programme.

Interprovincial Transport

10 #

For the purposes of subsection 6(3) of the Act and in respect of a province into which an animal or plant is to be transported,

(a)animal means any specimen, whether living or dead, of any wild species of the animal kingdom (kingdom Animalia) the transportation of which into that province is regulated or prohibited by the province, and includes any egg, sperm, tissue culture or embryo of any such animal; and

(b)plant means any specimen, whether living or dead, of any wild species of the plant kingdom (kingdom Plantae) the transportation of which into that province is regulated or prohibited by the province, and includes any seed, spore, pollen or tissue culture of any such plant.

11 #

An animal or plant, or any part or derivative of an animal or plant, is exempted from the operation of subsection 6(3) of the Act where all required provincial permits have been obtained.

12 #

For the purposes of section 7 of the Act and in respect of a province out of which an animal or plant is to be transported,

(a)animal means any specimen, whether living or dead, of any wild species of the animal kingdom (kingdom Animalia) the transportation of which out of that province is regulated or prohibited by the province, and includes any egg, sperm, tissue culture or embryo of any such animal; and

(b)plant means any specimen, whether living or dead, of any wild species of the plant kingdom (kingdom Plantae) the transportation of which out of that province is regulated or prohibited by the province, and includes any seed, spore, pollen or tissue culture of any such plant.

Elephant Tusk and Rhinoceros Horn

Interpretation

12.1 #

The following definitions apply in this section and sections 12.2 and 12.3.

elephant means a member of the species Elephas maximus, Loxodonta africana or Loxodonta cyclotis. (éléphant)

raw horn means a whole rhinoceros horn or a cut piece of rhinoceros horn in any form, polished or unpolished, and includes horn that is part of a taxidermy mount, but does not include a whole horn if its entire surface has been carved or a cut piece of horn if it has been fully or partially carved or shaped. (corne brute)

raw ivory means a whole elephant tusk or a cut piece of elephant tusk in any form, polished or unpolished, and includes tusk that is part of a taxidermy mount, but does not include a whole tusk if its entire surface has been carved or a cut piece of tusk if it has been fully or partially carved or shaped. (ivoire brut)

rhinoceros means a member of any species of the family Rhinocerotidae. (rhinocéros)

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Permits

12.2 #

Despite any other provision of these Regulations, a person who imports into Canada or exports from Canada any specimen of elephant tusk or rhinoceros horn is under no circumstances exempted from holding a permit issued under subsection 10(1) of the Act.^note

12.3 #

A permit issued under subsection 10(1) of the Act must not authorize the importation or exportation of a specimen of raw ivory or raw horn unless the specimen is destined for

(a)a museum or zoo;

(b)use in scientific research; or

(c)use in support of law enforcement activities.

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Possession Exemptions

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(1)Every animal or plant listed as “fauna” or “flora” in Appendix I to the Convention, and any part or derivative of the animal or plant, is exempted from the operation of paragraph 8(c) of the Act where

(a)the person who possesses it establishes a reasonable probability that it or, in the case of a part or derivative, the animal or plant from which it comes, was taken from its habitat before July 3, 1975;

(b)the person who possesses it establishes a reasonable probability that it was legally imported into Canada; or

(c)the person who possesses it establishes a reasonable probability that the distributing of it or the offering to distribute it would be in accordance with any applicable federal and provincial laws that relate to the conservation and protection of the animal or plant.

(2)Every animal listed as “fauna” in Appendix I to the Convention, and any part or derivative of the animal, is exempted from the operation of paragraph 8(c) of the Act where the animal was bred in captivity or is part of a captive breeding program.

(3)Every plant listed as “flora” in Appendix I to the Convention, and any part or derivative of the plant, is exempted from the operation of paragraph 8(c) of the Act where the plant was artificially propagated or is part of an artificial propagation program.

(4)For the purpose of subsection (3), artificially propagated means grown from seeds, spores, pollens, tissue culture or other propagules under controlled conditions.

Exemptions

Interpretation

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The definitions in this section apply in this section and sections 15 to 19.

commercial purpose means any activity related to the sale, offering for sale, purchase, trade or barter of any animal or plant, or any part or derivative of one, without regard to its quantity or weight, including

(a)any display, performance or exhibit of such a thing for gain or profit; and

(b)the use of any such thing for the purpose of soliciting sales. (fin commerciale)

customs officer has the meaning assigned to the word officer in subsection 2(1) of the Customs Act. (agent des douanes)

household effect means a plant or dead animal, or a part or derivative of one, that is imported to or exported from Canada for other than commercial purposes and that

(a)is owned and possessed by an individual in the individual’s ordinary country of residence and that forms part of the individual’s household belongings that are being shipped to or from Canada, to the individual’s new residence; or

(b)forms part of an inheritance from an estate that is imported to or exported from Canada. (objet à usage domestique)

hunting trophy means a dead animal or a part or derivative of one that an individual acquired and possessed through legal hunting. (trophée de chasse)

personal baggage means, where an individual uses a commercial passenger conveyance to enter or depart from Canada, all hand-carried items and all checked baggage of the individual and, where an individual uses any other type of conveyance to enter or depart from Canada, baggage that is being carried in or on the same vehicle, vessel or aircraft as the individual. (bagages personnels)

personal effect means any of the following things that is imported into or exported from Canada for other than commercial purposes:

(a)a plant or dead animal, or a part or derivative of one, that is owned and possessed by an individual in the individual’s ordinary country of residence and that, at the time of its import or export, is part of the individual’s clothing or accessories or is contained in the individual’s personal baggage; and

(b)a tourist souvenir or a hunting trophy. (objet personnel)

pet means a living animal that an individual owns as a personal pet and that is listed in Part I of Schedule I but not in Schedule II. (animal de compagnie)

tourist souvenir means a dead animal, other than a hunting trophy, or a dead plant, or a part or derivative of one, that is listed in column I of an item of Schedule I and in respect of which there is a reference to Appendix II or III of the Convention in column II of that item and that is being imported into their ordinary country of residence by an individual who acquired, owned and possessed it outside their ordinary country of residence during a sojourn from which they are returning. (souvenir de voyage)

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Personal Effects and Household Effects

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(1)Subject to sections 16 and 18, an individual is exempt from holding an import or export permit issued under subsection 10(1) of the Act for any animal or plant, or any part or derivative of one, that is listed in Schedule I but not in Schedule II or Schedule III and that is a personal effect or a household effect, except

(a)in the case of a tourist souvenir, where it was acquired in a country where removal from the wild occurred and where that country requires the prior grant of an export permit before any export of it;

(b)in the case of the export of a dead plant or dead animal, or a part or derivative of one, other than feathers, that is raw, unprocessed, semi-processed or simply dried; and

(c)in the case of a hunting trophy other than one referred to in subsection (2).

(2)Subject to sections 16 and 18, an individual who is ordinarily resident in Canada or the United States is exempt from holding an import or export permit issued under subsection 10(1) of the Act for the export from Canada to the United States or the import into Canada from the United States of a hunting trophy that is in a fresh, frozen or salted condition and that was acquired and possessed by the individual through legal hunting, where the hunting trophy consists of

(a)the hide, the hide with paws and claws attached, the skull or meat, excluding organs, of a black bear (Ursus americanus); and

(b)the carcass or meat of a sandhill crane (Grus canadensis).

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The exemption referred to in subsection 15(1) does not apply in respect of the importation or exportation of sturgeon caviar by an individual, if the quantity of caviar being imported or exported is greater than 250 g per individual.^note

Pets

17 #

Subject to section 18, an individual who is ordinarily resident in a country other than Canada and who imports a pet into Canada for other than commercial purposes and subsequently exports the pet from Canada is exempt from holding a permit issued under subsection 10(1) of the Act if

(a)the individual has obtained from the competent authority of the individual’s ordinary country of residence a permit, certificate or other written document authorizing the export from, and subsequent import into, that country of the pet; and

(b)the permit, certificate or other written document meets the requirements of the Convention and is in conformity with the resolutions passed by the Parties to the Convention regarding the movement of pets.

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Exemption Conditions

18 #

(1)An individual is exempted under subsection 15(1) or (2) from holding a permit under subsection 10(1) of the Act on the condition that the individual not sell or dispose of the plant or animal or the part or derivative of one that is the subject of the exemption within 90 days after the date of import or export, as the case may be.

(2)An individual is exempted under section 17 from holding a permit under subsection 10(1) of the Act on the condition that the individual not sell or dispose of the pet that is the subject of the exemption outside of the individual’s ordinary country of residence within 90 days after the date of import or export, as the case may be.

Declaration

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(1)Any individual who imports into Canada or exports from Canada an animal or plant, or a part or derivative of one, and who is exempt from holding a permit under these Regulations shall, on the request of an officer or a customs officer under subsection (2), make a declaration at the time of import or export on a form provided for that purpose by the Minister.

(2)The officer or customs officer shall request a declaration where the Minister requires it in order to obtain information relating to the implementation of the Convention.

(3)The declaration shall be signed by the importer or exporter and include the following information in respect of the imported or exported animal, plant, part or derivative:

(a)the name, street address and telephone number of the importer or exporter, as the case may be;

(b)a description of the animal, plant, part or derivative, in sufficient detail so as to permit it to be identified, including its common name and, if known, its scientific name, and, where applicable, a description of any thing that contains or is made up of the animal, plant, part or derivative;

(c)its number or quantity;

(d)its country of import or export, as the case may be;

(e)whether the animal, plant, part or derivative was acquired by the individual outside the individual’s ordinary country of residence during a sojourn from which they are returning and, if so, the name of the country in which it was acquired; and

(f)the date of import or export.

Labelling

20 #

Where a person imports into Canada or exports from Canada any thing that is identified by a mark, label or accompanying document that indicates that the thing is an animal or plant, or a part or derivative of one, that is listed in Schedule I or II, that thing is, unless there is evidence that raises a reasonable doubt to the contrary, deemed to be the thing so identified.^note

Removal Notice

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For the purposes of subsection 18(1) of the Act, a removal notice shall contain the following information:

(a)the name, street address and telephone number of the importer;

(b)the name, street address and telephone number of the exporter;

(c)the provision of the Act or these Regulations that the officer believes has been contravened;

(d)a description of the thing to be removed; and

(e)the period of time within which the thing must be removed.

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Removal Requirements

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An officer who requires the removal of all or part of a thing in accordance with subsection 18(1) of the Act shall require that the thing or part be inspected and, to the extent possible, marked and labelled, and that a place of export be indicated on the label or accompanying document.^note

Forfeiture

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For the purposes of paragraph 19(3)(a) of the Act, the period within which a thing must be removed is 90 days after the date of its detention under section 13 of the Act.^note

Schedule I · Animals Listed as Fauna and Plants Listed as Flora in the Appendices to the Convention (Section 3, subsection 6(3), section 14, subsection 15(1) and section 20)

1 #

(1)The following definitions apply in this Schedule.

appropriate and acceptable destinations means destinations where

(a)the “Management Authority” and the “Scientific Authority”, as defined in Article I of the Convention, of the State of import are satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it sustainably; and

(b)the Management Authorities and the Scientific Authorities of the State of import and the State of export are satisfied that the trade of that living specimen would promote in situ conservation. (destinataires appropriés et acceptables)

artificially propagated means grown under controlled conditions from any seeds, cuttings, divisions, callus tissues or other plant tissues, spores or other propagules that are either exempt from the provisions of the Convention or have been derived from cultivated parental stock. (reproduit artificiellement)

Harmonized System means the Harmonized Commodity Description and Coding System published by the World Customs Organization, as amended from time to time. (Système harmonisé)

Harmonized System Code means the number attributed to goods in the Harmonized System. (code du Système harmonisé)

Secretariat means the Secretariat described in Article XII of the Convention. (Secrétariat)

Standing Committee means the standing committee formed by the Parties to provide guidance to the Secretariat concerning the implementation of the Convention and to perform other functions assigned to it by the Parties. (Comité permanent)

(2)Unless the context otherwise requires, all words and expressions used in this Schedule have the same meaning as in the Convention

2 #

Species that are included in the Appendices to the Convention and specified in this Schedule are referred to

(a)by the name of the species; or

(b)as being all of the species included in a higher taxon or designated part of a higher taxon.

3 #

The abbreviation “spp.” is used to denote all species of a higher taxon.

4 #

The following abbreviations are used to denote plant taxa below the level of species:

(a)“ssp.” is used to denote subspecies; and

(b)“var(s).” is used to denote variety (varieties).

5 #

Hybrid animals that have in their recent lineage at least one specimen of species included in Appendix I or II to the Convention are subject to the provisions of the Convention just as if they were full species, even if the hybrid concerned is not specifically included in the Appendices to the Convention. If at least one of the animals in the recent lineage is of a species included in Appendix I to the Convention, the hybrids are treated as specimens of species included in Appendix I. If at least one of the animals in the recent lineage is of a species included in Appendix II to the Convention and no specimens in that lineage are included in Appendix I, the hybrids are treated as specimens of species included in Appendix II. For the purposes of this section, recent lineage means the last four generations.

6 #

Because none of the species or higher taxa of FLORA (plants) included in Appendix I to the Convention are annotated to the effect that their hybrids are treated in accordance with the provisions of Article III of the Convention, artificially propagated hybrids produced from one or more of these species or taxa may be traded with a certificate of artificial propagation, and seeds and pollen (including pollinia), cut flowers, seedlings or tissue cultures of these hybrids that are obtained in vitro, and are transported in sterile containers, are not subject to the provisions of the Convention.

7 #

Other references to taxa higher than species are for the purposes of information or classification only.

8 #

Only the Latin scientific nomenclature has legal status in this Schedule. The English and French common names are included for reference only. The Latin scientific nomenclature is based on the Checklist of CITES Species, compiled by the United Nations Environment Programme World Conservation Monitoring Centre, as amended from time to time. The Checklist has been adopted by the Conference of the Parties in Resolution Conf. 12.11 as an official digest of scientific names contained in the standard CITES references for species included in the Appendices to the Convention and also provides common names, where available, of animals and plants.

9 #

The names of the Parties set out in column 3 of Part I or II of this Schedule are those of the Parties that submitted the species or their national population of the species for inclusion in Appendix III to the Convention.

10 #

When a species is included in one of the Appendices to the Convention, the whole, live or dead animal or plant is always included. In addition, all parts and derivatives of the species are also included in the same Appendix unless the species is annotated to indicate that only specific parts and derivatives are included. The symbol “#” followed by a number placed against the name of a species or higher taxon included in Appendix II or III to the Convention refers to a footnote to Part II of this Schedule that indicates the parts or derivatives of animals or plants that are designated as “specimens” subject to the provisions of the Convention in accordance with Article I, paragraph (b), subparagraph (b)(ii) or (iii) of the Convention.

Schedule II · Other Species Requiring an Import Permit (Paragraph 5(a), subsections 6(1) and (2), section 14, subsection 15(1) and section 20)

1 #

Species that are included in this Schedule are referred to

(a)by the name of the species; or

(b)as being all of the species included in a higher taxon or designated part of a higher taxon.

2 #

The abbreviation “spp.” is used to denote all species of a higher taxon.

3 #

Only the Latin scientific nomenclature has legal status in this Schedule. The English and French common names are included for reference only.

Schedule III/ANNEXE III · Schedule I Species Recognized as Endangered or Threatened in Canada/Espèces de l’annexe I désignées par le Canada comme espèces menacées d’extinction (Subsection 15(1))/(paragraphe 15(1))

Related provisions

— SOR/2000-325, s. 2Subject to subsection (2), these Regulations come into force on the day on which they are registered.The inclusion “Cetorhinus maximus #8” in item 5.1.0(1) and of “Colophon spp.” in item 6.1.1(1) of Part I of Schedule I to the Wild Animal and Plant Trade Regulations, as enacted by section 1 of these Regulations, comes into force on September 13, 2000.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.