An Act respecting the protection of the Antarctic Environment (S.C. 2003, c. 20)

Assented to 2003-10-20

Marginal note:Application to extend period of detention
  •  (1) If proceedings referred to in paragraph 35(4)(b) have not been instituted in respect of the contravention in relation to which a thing was seized under section 32 or subsection 35(1), the Minister may, before the expiry of 90 days after the day of its seizure and on serving prior notice in accordance with subsection (2) on the owner of the thing or on the person who at the time of the seizure was in possession of it, apply to a provincial court judge, as defined in section 2 of the Criminal Code, within whose territorial jurisdiction the seizure was made for an order extending the period during which it may be detained.

  • Marginal note:Notice

    (2) The notice shall be served by personal service at least five clear days before the day on which the application is to be made, or by registered mail at least seven clear days before that day, and shall specify

    • (a) the provincial court in which the application is to be made;

    • (b) the place where and the time when the application is to be heard;

    • (c) the thing seized in respect of which the application is to be made; and

    • (d) the grounds on which the Minister intends to rely to show why there should be an extension of the period during which the thing seized may be detained.

  • Marginal note:Order of extension granted

    (3) If, on the hearing of an application made under subsection (1), the judge is satisfied that the thing seized should continue to be detained, the judge shall order

    • (a) that the thing be detained for any additional period and on any conditions relating to the detention for that additional period that the judge considers proper; and

    • (b) on the expiry of the additional period, that the thing be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of the additional period, an event referred to in subparagraph 35(4)(b)(i), (ii) or (iii) has occurred.

  • Marginal note:Order of extension refused

    (4) If, on the hearing of an application made under subsection (1), the judge is not satisfied that the thing seized should continue to be detained, the judge shall order that, on the expiry of 90 days after the day of its seizure, it be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of that period, an event referred to in subparagraph 35(4)(b)(i) or (ii) has occurred.

Detention of Canadian Vessels

Marginal note:Detention
  •  (1) If an enforcement officer has reasonable grounds to believe that

    • (a) a Canadian vessel has committed an offence under this Act, or

    • (b) an authorized representative or master of a Canadian vessel has committed an offence under this Act and that a Canadian vessel was used in connection with the commission of the offence,

    the enforcement officer may make a detention order in respect of the vessel.

  • Marginal note:Order in writing

    (2) The detention order shall be in writing and be addressed to all persons at any port in Canada where the vessel to which the order relates is or will be who are empowered to give a clearance in respect of the vessel.

  • Marginal note:Notice of detention order

    (3) Notice of the detention order shall be served on the master of the vessel in respect of which the order is made.

  • Marginal note:Duty of authorized representative or master

    (4) If the notice has been served on the master of the vessel, the authorized representative or master of the vessel shall not give an order for the vessel to go into an area of the sea referred to in paragraph 122(2)(f) or (g) of the Canadian Environmental Protection Act, 1999 during the term of the detention order.

  • Marginal note:Duty of persons empowered to give clearance

    (5) Subject to subsection (6), no person to whom a detention order is addressed shall, after notice of the order is received by the person, give clearance in respect of the vessel to which the order relates.

  • Marginal note:When clearance given

    (6) A person to whom a detention order is addressed and who has received notice of the order may give clearance in respect of the vessel to which the order relates if

    • (a) the authorized representative or master of the vessel

      • (i) has not, within 30 days after the day on which the order was made, been charged with the offence that gave rise to the order, or

      • (ii) has, within 30 days after the day on which the order was made, been charged with that offence and appears in Canada to answer to the charge;

    • (b) security for payment of the maximum fine that might be imposed as a result of a conviction of the person charged with that offence and of costs related to proceedings in connection with the charge, or security for payment of any lesser amount that is approved by the Minister or a person designated by the Minister for the purpose, is given to Her Majesty in right of Canada; or

    • (c) proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued.

Assistance to Enforcement Officers and Analysts

Marginal note:Right of passage

 An enforcement officer, analyst or any other person may, while carrying out their functions under this Act, enter on and pass through or over private property without being liable for exercising that power or without the owner of the property having the right to object to that use of the property.

Marginal note:Assistance

 The owner or the person in charge of a place entered by an enforcement officer or analyst under section 32, and every person found in the place, shall

  • (a) give the enforcement officer or analyst all reasonable assistance to enable the officer or analyst to carry out their functions under this Act; and

  • (b) provide the enforcement officer or analyst with any information with respect to the administration of this Act that the enforcement officer or analyst may reasonably require.

Forfeiture in Canada

Marginal note:Forfeiture on consent
  •  (1) If an enforcement officer has seized a thing under section 32 or subsection 35(1) and the owner or person who was in lawful possession of it at the time of the seizure consents in writing at the request of the enforcement officer to its forfeiture, it is forfeited to Her Majesty in right of Canada.

  • Marginal note:Disposal or destruction

    (2) The Minister may dispose of or destroy a thing forfeited under subsection (1) and, if the Minister so directs, the costs of the disposal or destruction shall be paid by the owner or the person who was in lawful possession of the thing at the time it was seized.

 
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