Canada National Marine Conservation Areas Act (S.C. 2002, c. 18)

Marginal note:Certificate of designation and oath

• 20. (1) Every marine conservation area warden, enforcement officer and person designated under section 19.1 shall be provided with a certificate of designation in a form approved by the Minister and shall take and subscribe an oath prescribed by the Minister.

• Marginal note:Limitations must be specified

  (2) The certificate must specify the limitations, if any, to which the designation is subject.

Marginal note:Right of passage

20.1 In the discharge of their duties, marine conservation area wardens and enforcement officers and any persons accompanying them may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.

Marginal note:Immunity

20.2 Marine conservation area wardens and enforcement officers are not personally liable for anything they do or omit to do in good faith under this Act.

Marginal note:Arrest without warrant

21. A marine conservation area warden or enforcement officer may, in accordance with the Criminal Code, arrest without warrant any person

• (a) whom the warden or officer finds committing an offence under this Act; or

• (b) who the warden or officer believes, on reasonable grounds, has committed or is about to commit an offence under this Act.

Marginal note:Search and seizure

• 22. (1) A marine conservation area warden or enforcement officer may

  • (a) enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and

  • (b) seize any thing that the warden or officer believes on reasonable grounds is a thing described in subsection (2).

• Marginal note:Authority to issue warrant

  (2) If a justice of the peace, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that there is in any place, including any building, boat or other conveyance, or in any package or receptacle,

  • (a) any thing in relation to which there are reasonable grounds to believe an offence under this Act or the regulations has been committed, or

  • (b) any thing that there are reasonable grounds to believe will afford evidence with respect to the commission of such an offence,

  the justice of the peace may issue a warrant authorizing a marine conservation area warden or enforcement officer named in the warrant to enter and search the place or to open and examine the package or receptacle, subject to any conditions specified in the warrant.

• Marginal note:Where warrant not necessary

  (3) A marine conservation area warden or enforcement officer may exercise any powers under subsection (1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain one.