Marginal note:Notices of violation
178. (1) The Agency, in respect of a violation referred to in subsection 177(1) or (1.1), or the Minister, in respect of a violation referred to in subsection 177(2), may
(a) designate persons, or classes of persons, as enforcement officers who are authorized to issue notices of violation; and
(b) establish the form and content of notices of violation.
Marginal note:Powers of enforcement officers
(2) Every person designated as an enforcement officer pursuant to paragraph (1)(a) has the powers of entry and inspection referred to in paragraph 39(a).
Marginal note:Certification of designated persons
(3) Every person designated as an enforcement officer pursuant to paragraph (1)(a) shall receive an authorization in prescribed form attesting to the person’s designation and shall, on demand, present the authorization to any person from whom the enforcement officer requests information in the course of the enforcement officer’s duties.
Marginal note:Powers of designated persons
(4) For the purposes of determining whether a violation referred to in section 177 has been committed, a person designated as an enforcement officer pursuant to paragraph (1)(a) may require any person to produce for examination or reproduction all or part of any document or electronically stored data that the enforcement officer believes on reasonable grounds contain any information relevant to the enforcement of this Act.
Marginal note:Assistance to enforcement officers
(5) Any person from whom documents or data are requested pursuant to subsection (4) shall provide all such reasonable assistance as is in their power to enable the enforcement officer making the request to carry out the enforcement officer’s duties and shall furnish such information as the enforcement officer reasonably requires for the purposes of this Act.
- 1996, c. 10, s. 178;
- 2007, c. 19, s. 50;
- 2013, c. 31, s. 13.
179. (1) Every person who contravenes a provision, requirement or condition designated under section 177 commits a violation and is liable to a penalty fixed pursuant to that section.
Marginal note:How contraventions may be proceeded with
(2) Where any act or omission can be proceeded with as a violation or as an offence, proceedings may be commenced in respect of that act or omission as a violation or as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.
Marginal note:Nature of violation
(3) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.
- 1996, c. 10, s. 179;
- 2007, c. 19, s. 51(F).
- Date modified: