Canadian Environmental Assessment Act, 2012 (S.C. 2012, c. 19, s. 52)

Act current to 2017-12-11 and last amended on 2017-06-22. Previous Versions

Marginal note:Non-application — national security
  •  (1) The Governor in Council may, by order, exclude a designated project from the application of this Act if, in the Governor in Council’s opinion, the designated project is one in relation to which there are matters of national security.

  • Marginal note:Non-application — national emergency or emergency

    (2) The Minister may, by order, exclude a designated project from the application of this Act if, in the Minister’s opinion, the designated project is one to be carried out in response to

    • (a) a national emergency for which special temporary measures are being taken under the Emergencies Act; or

    • (b) an emergency, and carrying out the designated project without delay is in the interest of preventing damage to property or the environment or is in the interest of public health or safety.

  • Marginal note:Posting of notice of order on Internet site

    (3) The Agency must post on the Internet site a notice of any order made under subsection (2).

Marginal note:Statutory Instruments Act

 An order made under subsection 14(2), 37(1), 87(1) or (2), 125(7) or 128(2) is not a statutory instrument for the purposes of the Statutory Instruments Act.

Administration and Enforcement

Designation

Marginal note:Power to designate
  •  (1) The Minister may designate persons or classes of persons for the purposes of the administration and enforcement of this Act.

  • Marginal note:Certificate

    (2) The Minister must provide every person designated under subsection (1) with a certificate of designation. That person must, if so requested, produce the certificate to the occupant or person in charge of a place referred to in subsection 90(1).

Powers

Marginal note:Authority to enter
  •  (1) A person who is designated to verify compliance or prevent non-compliance with this Act or orders made under section 94 may, for those purposes, enter a place in which they have reasonable grounds to believe a designated project is being carried out or a record or anything relating to a designated project is located.

  • Marginal note:Powers on entry

    (2) The designated person may, for those purposes,

    • (a) examine anything in the place;

    • (b) use any means of communication in the place or cause it to be used;

    • (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

    • (d) prepare a document, or cause one to be prepared, based on the data;

    • (e) use any copying equipment in the place, or cause it to be used;

    • (f) remove anything from the place for examination or copying;

    • (g) take photographs and make recordings or sketches;

    • (h) order the owner or person in charge of the place or a person at the place to establish their identity to the designated person’s satisfaction or to stop or start an activity;

    • (i) order the owner or a person having possession, care or control of anything in the place to not move it, or to restrict its movement, for as long as, in the designated person’s opinion, is necessary;

    • (j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and

    • (k) prohibit or limit access to all or part of the place.

  • Marginal note:Duty to assist

    (3) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the designated person to exercise a power or perform a duty or function under this section and must provide any documents, data or information that are reasonably required for that purpose.

Marginal note:Warrant for dwelling-house
  •  (1) If the place is a dwelling-house, the designated person must not enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice may issue a warrant authorizing a designated person who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the dwelling-house is a place referred to in subsection 90(1);

    • (b) entry to the dwelling-house is necessary for any of the purposes of that subsection; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

Marginal note:Entry on private property
  •  (1) For the purpose of gaining entry to a place referred to in subsection 90(1), a designated person may enter private property and pass through it, and is not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.

  • Marginal note:Person accompanying designated person

    (2) A person may, at the designated person’s request, accompany the designated person to assist them to gain entry to the place referred to in subsection 90(1) and is not liable for doing so.

Marginal note:Use of force

 In executing a warrant to enter a dwelling-house, a designated person must not use force unless the use of force has been specifically authorized in the warrant and the designated person is accompanied by a peace officer.

Orders

Marginal note:Measures required
  •  (1) If a person designated to verify compliance with this Act believes on reasonable grounds that there is a contravention of this Act, they may, among other things, order a person to

    • (a) stop doing something that is in contravention of this Act or cause it to be stopped; or

    • (b) take any measure that is necessary in order to comply with this Act or to mitigate the effects of non-compliance.

  • Marginal note:Notice

    (2) The order must be provided in the form of a written notice and must include

    • (a) a statement of the reasons for the order; and

    • (b) the time and manner in which the order must be carried out.

  • Marginal note:Duty to comply with order

    (3) Any person to whom an order is given under subsection (1) must comply with the order given.

Marginal note:Measures taken by designated person

 If a person does not comply with an order made under subsection 94(1) within the time specified, the designated person may, on their own initiative and at that person’s expense, carry out the measure required.

Injunctions

Marginal note:Court’s power
  •  (1) If, on the Minister’s application, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence under section 99, the court may issue an injunction ordering the person who is named in the application to

    • (a) refrain from doing an act that, in the court’s opinion, may constitute or be directed toward the commission of the offence; or

    • (b) do an act that, in the opinion of the court, may prevent the commission of the offence.

  • Marginal note:Notice

    (2) At least 48 hours before the injunction is issued, notice of the application must be given to persons named in the application, unless the urgency of the situation is such that the delay involved in giving the notice would not be in the public interest.

Prohibitions and Offences

Marginal note:Obstruction

 It is prohibited to obstruct or hinder a designated person who is exercising their powers or performing their duties and functions under this Act.

Marginal note:False statements or information

 It is prohibited to knowingly make a false or misleading statement or knowingly provide false or misleading information in connection with any matter under this Act to any person who is exercising their powers or performing their duties and functions under this Act.

 
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