Wildlife enforcement inspections
Introduction
Environment and Climate Change Canada enforcement officers work to verify whether businesses and individuals comply with the federal environmental laws that protect Canada’s natural environment. These laws include the following acts and their associated regulations:
- Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act
- Species at Risk Act
- Canada Wildlife Act
- Migratory Birds Convention Act, 1994
- Antarctic Environmental Protection Act
Under these laws, enforcement officers have the legal authority to carry out inspections. Inspections are performed in a fair, predictable, and consistent manner.
Enforcement officers conduct on-site inspections to gather information from an individual or business to help assess whether they are complying with relevant legislation.
Inspections take place at various locations on public or private lands and may include:
- places of business
- construction, industrial, and logging sites
- air and land ports of entry and exit
- federally protected habitats
- migratory bird hunting locations
The following provides a high-level overview of the wildlife enforcement inspection process. Please consult the Acts for more information.
Figure 1. Two enforcement officers looking through binoculars and taking notes
Long description
Two enforcement officers in a field. One is standing, holding a notepad and pointing at something in the distance. The other officer is kneeling and looking through binoculars. They wear their uniform consisting of green pants and a black shirt. They have a shoulder patch bearing the emblem of Environment and Climate Change Canada Enforcement Branch.
Why enforcement officers conduct inspections
There are many reasons why Environment and Climate Change Canada enforcement officers inspect businesses and individuals. It is important to consider that while some inspections may stem from concerns around non-compliance, this is not always the case.
The main reasons for an inspection include:
- to verify compliance or non-compliance with federal legislation as it relates to protected wildlife and their habitats
- to verify compliance in the trade of federally or internationally protected wildlife (this may include wildlife that is hunted, traded, imported, exported, or transported interprovincially or internationally)
- to follow up on a complaint or on information received from partners or the general public
- to respond to an incident that may have or has impacted protected species or their habitats
- to follow up on a previous inspection or prior violations to confirm that corrective measures have been taken
Note: Other federal departments and other levels of government enforce different wildlife laws. A business or an individual may be compliant with some laws but not others.
The wildlife enforcement inspection process from start to finish
Before the inspection
Where federal legislation applies, enforcement officers have the authority to arrive unannounced, enter property (other than dwellings), and conduct an inspection without notice. When a dwelling is to be inspected, the officer will seek the consent of the occupant, or if consent is denied or is reasonably expected to be denied, the officer may apply for an inspection warrant.
It is not unusual for an enforcement officer to conduct an unannounced inspection for a variety of reasons. These reasons may include needing to respond to an urgent situation or assessing day-to-day compliance.
In other cases, an enforcement officer may choose to schedule an inspection. In this situation, the enforcement officer will usually contact the individual or business to select a date or date range and explain what to expect during the inspection.
During the inspection
When an enforcement officer starts an inspection, they will typically introduce themselves and explain the purpose of the inspection. This may be done with advance warning, or in critical circumstances advance notice may not be given. The officer will then begin by making observations and gathering the information needed to verify compliance with federal legislation. Inspections may take place on site or remotely, depending on the situation.
Inspection activities may include:
- speaking with people or interviewing staff
- walking through the site to make observations or take measurements
- looking at records
- collecting samples
- seizing items or objects if there are reasonable grounds to believe that a violation has occurred
- examining materials
- opening containers
- taking notes
- taking photographs
- collecting and/or making copies of documents or data
Figure 2. An enforcement officer taking notes while looking at wood samples
Long description
An enforcement officer in uniform is seated at a table looking at pieces of cut lumber and writing in a notebook. He is wearing his uniform which has a black shirt with a shoulder patch bearing the emblem of Environment and Climate Change Canada Enforcement Branch.
After the inspection
An enforcement officer will evaluate the information gathered during the inspection to verify compliance with the relevant legislation. If more information is required, the enforcement officer may follow up with the individual or person in charge by phone or in writing (including email), or they may conduct another site visit.
Enforcement officers do not provide written inspection reports to the individual or business. However, they may share findings such as sample results. In most cases, these results will not be available right away.
If the enforcement officer has reasonable grounds to believe that an individual or business is not compliant with the relevant federal wildlife laws and regulations, they will inform the individual or business, verbally or in writing. Timing can vary depending on the situation. An investigation may follow to gather evidence relating to the suspected violation.
If the officer has sufficient evidence of an alleged violation, they can take one of the following enforcement actions, depending on the applicable legislation:
- verbal or written warnings
- tickets
- compliance orders
- administrative monetary penalties
- issue a notice to remove
- recommendations to the Public Prosecution Service of Canada to prosecute
These responses to alleged violations are outlined in the Compliance and Enforcement Policy for Wildlife Legislation.
Environment and Climate Change Canada recognizes the importance of protecting the information provided to an enforcement officer during the inspection process. All information gathered is handled and stored in compliance with federal privacy legislation.