Mackenzie Valley Resource Management Act (S.C. 1998, c. 25)

Act current to 2014-12-08 and last amended on 2014-04-01. Previous Versions

Marginal note:Warrant for dwelling-house
  •  (1) If the place referred to in subsection 85(1) is a dwelling-house, the inspector may only enter it with the occupant’s consent or under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

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

    • (a) the dwelling-house is a place referred to in subsection 85(1);

    • (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Part or orders made under section 86 or 86.1; 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.

  • 2014, c. 2, s. 177.
Marginal note:Entering private property
  •  (1) For the purpose of gaining entry to a place referred to in subsection 85(1), an inspector may enter and pass through private property. 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 inspector

    (2) A person may, at the inspector’s request, accompany the inspector to assist them in gaining entry to the place referred to in subsection 85(1) and is not liable for doing so.

  • 2014, c. 2, s. 177.
Marginal note:Use of force

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

  • 2014, c. 2, s. 177.

Orders

Marginal note:Inspector’s order — adverse effects of land use
  •  (1) If an inspector has reasonable grounds to believe that a use of land has resulted in or is likely to result in an adverse effect on the environment, the inspector may, in accordance with the regulations, order the person who is using the land to take any measures that the inspector considers reasonable to mitigate, remedy or prevent the adverse effect.

  • Marginal note:Inspector’s order — contravention

    (2) If an inspector has reasonable grounds to believe that a person who is using land is contravening the regulations or the conditions of a permit, the inspector may, in accordance with the regulations, order that person to take any measures that the inspector considers reasonable in order to prevent the contravention from continuing.

  • Marginal note:Notice

    (3) An order shall be provided in the form of a written notice and shall include

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

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

  • 1998, c. 25, s. 86;
  • 2014, c. 2, s. 177.