Canada Water Act (R.S.C., 1985, c. C-11)

Act current to 2016-01-25 and last amended on 2014-04-01. Previous Versions

PART III[Repealed, R.S., 1985, c. 16 (4th Supp.), s. 141]

PART IVGeneral

Inspectors and Analysts

Marginal note:Designation
  •  (1) The Minister may designate any qualified person as an inspector or analyst for the purposes of this Act but where a qualified officer of any other department or agency of the Government of Canada carries out similar duties for the purposes of another Act the Minister shall designate that officer whenever possible.

  • Marginal note:Certificate to be produced

    (2) The Minister shall furnish every inspector with a certificate of his designation as an inspector and on entering any area, place, premises, vehicle or vessel referred to in subsection 26(1) an inspector shall, if so required, produce the certificate to the person in charge thereof.

  • R.S., c. 5(1st Supp.), ss. 23, 24.
Marginal note:Powers of inspectors
  •  (1) An inspector may, at any reasonable time,

    • (a) enter any area, place, premises, vessel or vehicle, other than a private dwelling-place or any part of any such area, place, premises, vessel or vehicle that is designed to be used and is being used as a permanent or temporary private dwelling-place, in which the inspector believes on reasonable grounds that

      • (i) there is any waste that may be or has been added to any waters that have been designated as a water quality management area pursuant to section 11 or 13, or

      • (ii) there is being or has been carried out any manufacturing or other process that may result in or has resulted in waste described in subparagraph (i);

      • (iii) and (iv) [Repealed, R.S., 1985, c. 16 (4th Supp.), s. 142]

    • (b) examine any waste found therein in bulk or open any container found therein that the inspector believes on reasonable grounds contains any waste and take samples thereof; and

    • (c) require any person in that area, place, premises, vehicle or vessel to produce for inspection or for the purpose of obtaining copies thereof or extracts therefrom any books or other documents or papers concerning any matter relevant to the administration of this Act or the regulations.

  • Marginal note:Search

    (2) An inspector with a warrant issued under subsection (3) may at any reasonable time enter any area, place, premises, vessel or vehicle in which the inspector believes on reasonable grounds there is any cleaning agent or water conditioner that has been manufactured in Canada or imported into Canada in contravention of section 20 and search the area, place, premises, vessel or vehicle for evidence of the contravention.

  • Marginal note:Authority to issue warrant

    (3) Where on ex parte application a justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in any area, place, premises, vessel or vehicle referred to in subsection (2)

    • (a) anything on or in respect of which any contravention of section 20 has been or is suspected to have been committed, or

    • (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of any contravention of section 20,

    the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter and search that area, place, premises, vessel or vehicle subject to such conditions as may be specified in the warrant.

  • Marginal note:Use of force

    (4) In executing a warrant issued under subsection (3), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

  • Marginal note:Where warrant not necessary

    (5) An inspector may exercise any of the powers referred to in subsection (2) without a warrant issued under subsection (3) if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant.

  • Marginal note:Exigent circumstances

    (6) For the purposes of subsection (5), exigent circumstances include circumstances in which the delay necessary to obtain a warrant under subsection (3) would result in danger to human life or safety or the loss or destruction of evidence.

  • Marginal note:Assistance to inspectors

    (7) The owner or person in charge of any area, place, premises, vehicle or vessel referred to in this section and every person found therein shall give an inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and the regulations and shall furnish the inspector with such information with respect to the administration of this Act and the regulations as the inspector may reasonably require.

  • R.S., 1985, c. C-11, s. 26;
  • R.S., 1985, c. 31 (1st Supp.), s. 29, c. 16 (4th Supp.), s. 142.
Marginal note:Obstruction of inspector
  •  (1) No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act or the regulations.

  • Marginal note:False statements

    (2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector or other person engaged in carrying out his duties or functions under this Act or the regulations.

  • R.S., c. 5(1st Supp.), s. 25.

Advisory Committees

Marginal note:Establishment and constitution of advisory committees
  •  (1) The Minister may establish and appoint the members of such advisory committees as the Minister considers desirable for the purpose of advising and assisting him in carrying out the purposes and provisions of this Act.

  • Marginal note:Expenses and allowances

    (2) Each member of an advisory committee is entitled to be paid reasonable travel and other expenses while absent from his ordinary place of residence in the course of his duties as a member and may, with the approval of the Minister, be paid such amount as is fixed by the Governor in Council for each day the member attends any meeting of the committee or for each day during which he performs, with the approval of the committee, any duties on behalf of the committee in addition to his ordinary duties.

  • R.S., c. 5(1st Supp.), s. 26.
 
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