Evaluation of the Enforcement Program

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Annex 3 Overview of Case Studies

Wildlife Enforcement Case Studies

CITES Identification Guides (Convention on International Trade in Endangered Species of Wild Fauna and Flora): Describes the development and publication of several information guides for use by wildlife, customs, and police officers worldwide for identification and information on safe handling of protected species under CITES. CITES is an international agreement between governments to regulate the international trade of endangered wild animals and plants. Canada is one of approximately 175 participating countries in CITES, and a leader in the development of the Identification Guides.

Lac St-François National Wildlife Area (NWA): Describes an investigation lasting several months and including the issuing of four warrants regarding the destruction of approximately 460 trees in the Lac St-François NWA, including seven trees that were protected under SARA. The file was not accepted by the Public Prosecution Service of Canada because the defendant who was responsible for cutting the trees was deemed to have done “due diligence” in terms of informing the CWS prior to taking action. There were also shortcomings on the part of the CWS in terms of permitting and compliance promotion describing what activities are permitted in the NWA.

Environmental Enforcement Case Studies

Investigation of Imported Engines: Describes a case in which CBSA alerted enforcement officers regarding a shipment of five used tractors being imported from China by an equipment company. CBSA co-operated with enforcement officers, as requested, in an effort to identify engines that may not meet the Off-Road Compression-Ignition Engine Emission Regulations (ORCIEER). After approximately two and a half months of investigation, and several follow-up requests for documentation from the importer, no enforcement action was taken and all the tractors were released.

Transboundary Movement of Hazardous Waste: Describes the types of enforcement activities that Environment Canada has engaged in under the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR), a regulation under CEPA 1999 that regulates the transboundary movement of hazardous materials. The National Hazardous Waste Working Group, which includes representatives from the Enforcement Branch and Compliance Promotion from each region and National Headquarters, develops work plans and discusses issues and emerging trends. Enforcement also works closely with CBSA, which informs the Enforcement Program of suspicious shipments and holds containers as appropriate. To a lesser degree, the Enforcement Branch also works with Transport Canada on this issue. Between 2004 and 2008, the Enforcement Program inspected over 100 shipments.

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