Antarctic Environmental Protection Act (S.C. 2003, c. 20)

Act current to 2014-06-12 and last amended on 2012-07-06. Previous Versions

Liability for Costs

Marginal note:Liability for costs

 If a thing is seized under this Act, the person who owned the thing at the time it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any.

  • 2009, c. 14, s. 10.

INSPECTIONS IN THE ANTARCTIC

Marginal note:Designation of inspectors
  •  (1) The Minister may designate as an inspector, for the purpose of this Act or any provision of this Act, any person or any member of a class of persons who, in the Minister’s opinion, is qualified to be so designated.

  • Marginal note:Limits

    (2) The Minister may, including on the request of the Minister of Foreign Affairs, limit the powers that may be exercised by an inspector under this Act.

  • Marginal note:Production of certificate

    (3) The Minister must provide every inspector with a certificate of designation that includes any limits specified under subsection (2). On entering any place, the inspector must, if so requested, produce the certificate to the person in charge of the place.

Marginal note:Powers of inspectors
  •  (1) Subject to subsections (2) and (6), for the purposes of this Act, an inspector may, at any reasonable time, enter any place in the Antarctic in which the inspector believes, on reasonable grounds, there is anything to which this Act applies or any document relating to its administration.

  • Marginal note:Dwelling-houses

    (2) An inspector may not enter a dwelling-house without the consent of the occupant.

  • Marginal note:Stopping and detaining conveyances

    (3) For the purposes of this Act, an inspector may, at any reasonable time, direct that any of the following be moved to a place where an inspection can be carried out and may, for a reasonable time, detain any of the following:

    • (a) a Canadian vessel or Canadian aircraft in the Antarctic; or

    • (b) any other conveyance in the Antarctic that is owned by a Canadian except a vessel or aircraft that is not a Canadian vessel or Canadian aircraft.

  • Marginal note:Powers in relation to vessels, etc.

    (4) Subject to subsection (2), for the purposes of this Act, an inspector may, at any reasonable time,

    • (a) board a Canadian vessel or Canadian aircraft in the Antarctic; or

    • (b) travel on the vessel or aircraft.

  • Marginal note:Powers of inspectors

    (5) In carrying out an inspection of a place under this section, an inspector may exercise any of the powers referred to in subsections 30(9), (11) and (12).

  • Marginal note:Foreign ownership

    (6) An inspector may not exercise any powers under this section in respect of any station, installation, equipment, platform anchored at sea, shipping container or conveyance (other than a Canadian vessel or Canadian aircraft) that is owned by a person who is not a Canadian unless the inspector first obtains the consent of the person in charge of the station, installation, equipment, platform, container or conveyance.

  • Marginal note:Analysts

    (7) An analyst may, for the purposes of this Act, accompany an inspector who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the inspector, enter the place and exercise any of the powers referred to in subsection (5).

  • Marginal note:Assistance

    (8) The owner of a place or a Canadian or permit holder in charge of a place being inspected under this section, and every Canadian or permit holder found in the place, shall

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

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