Magical Aquarium Club Inc - conviction information for 2019-09-24
| Corporation name: | Magical Aquarium Club Inc |
|---|---|
| Address: | 108-1911 Kennedy Road |
| City: | Scarborough |
| Province/territory: | Ontario |
| Postal code: | M1P 2L9 |
| Country: | Canada |
| Sector or industry: | 112 - Animal production and aquaculture |
| Location of offense: | 108-1911 Kennedy Road, Scarborough, Ontario |
|---|---|
| Case summary: |
On December 12, 2018, an Enforcement Officer from Environment and Climate Change Canada’s Wildlife Enforcement Directorate (ECCC-WED) discovered that Magical Aquarium Club Inc. had imported Asian arowana fish, a protected species from Malaysia without obtaining the required Canadian import permit. Although the company held a valid export permit from Malaysia, the Asian arowana is listed under Appendix I of the Convention on International Trade in Endangered Species (CITES), which requires both export and import permits.
On December 13, 2018, ECCC-WED inspected the store and found 26 Asian arowanas. Twenty (20) of the fish were seized, 18 were alive and 2 were deceased and the live specimens were transferred to a government aquatic research facility for proper care.
After consulting with legal authorities, charges were filed against Magical Aquarium Club Inc. for violating the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA). |
| Charges: |
Count 1
On or about December 7, 2018, at or near the Municipality of Scarborough, in the Province of Ontario, Magical Aquarium Club Inc did unlawfully import into Canada a specimen of fauna, namely Scleropages formosus (commonly known as Asian arowana), without a permit issued under and in accordance with subsection 10(1) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (S.C. 1992, c. 52), thereby contravening subsection 6(2) of the said Act and committing an offence as described in subsection 22(1) thereof. |
| Enforcement notification: | Unlawful import of regulated fish into Canada nets $35K penalty for Ontario aquatic pet store |
| Result: | Guilty Plea |
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| Date of conviction: | 2019-09-24 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: |
| Act | Regulations | Section(s) |
|---|---|---|
| Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act | 6(2), 10(1), 22(1) |
| Date of sentencing: |
2019-09-24 |
|---|---|
| Location of sentencing: | Toronto, Ontario |
| Sentence(s): |
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| Amount of fine(s): | $35,000 |
| Sentencing details: |
On September 24, 2019, before the Ontario Court of Justice in Toronto, ON, Magical Aquarium Club Inc. entered a guilty plea to a charge under section 6(2) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. The company received a $35,000 fine, which was directed to the Government of Canada’s Environmental Damages Fund and used for purposes related to protecting, conserving, or restoring the environment, or for administering the Fund. The Court also ordered that the seized arowanas be forfeited to the Crown.
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