Canada Marine Act (S.C. 1998, c. 10)

Marginal note:Powers of enforcement officers

• 109. (1) An enforcement officer may, for the purpose of ensuring compliance with this Act, other than sections 58, 76, 99 and 106, or of a regulation made under this Act, other than under subsection 27(1),

  • (a) board any ship or enter any vehicle, aircraft, premises or other place, other than living quarters, and carry out any inspection the officer considers necessary; and

  • (b) require any person appearing to be in charge of the ship, vehicle, aircraft, premises or other place to produce for inspection, or for the purpose of making copies or extracts, any log book, document or paper.

• Marginal note:Operation of computer systems and copying equipment

  (2) In carrying out an inspection of a place, an enforcement officer may

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

  • (b) reproduce any record, or cause it to be reproduced from the data, in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and

  • (c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.

Marginal note:Duty to assist enforcement officers

110. The owner or person who is in possession or control of a place that is inspected under section 109, and every person who is found in the place, shall

• (a) give the enforcement officer all reasonable assistance to enable the officer to carry out the inspection and exercise any power conferred by that section; and

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

Marginal note:Warrant

• 111. (1) An enforcement officer with a warrant issued under subsection (3) may, at any reasonable time, search any ship, vehicle, aircraft, premises or other place if the officer believes on reasonable grounds that there is in the place

  • (a) anything on or in respect of which an offence under this Act is being or has been committed; or

  • (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence under this Act.

• Marginal note:Seizure

  (2) An enforcement officer may seize anything found in the course of a search that the officer believes on reasonable grounds is a thing referred to in paragraph (1)(b).

• Marginal note:Warrant

  (3) A justice may issue a warrant authorizing the enforcement officer named in it to carry out a search, subject to any conditions that may be specified in the warrant, where on ex parte application the justice is satisfied by information on oath that the circumstances set out in subsection (1) exist.

• Marginal note:Use of force

  (4) In executing a warrant, an enforcement officer shall not use force unless the use of force is specifically authorized in the warrant and the officer is accompanied by a peace officer.