Navigable Waters Protection Act (R.S.C., 1985, c. N-22)

Act current to 2014-03-16 and last amended on 2009-03-12. Previous Versions

Marginal note:Warrant for dwelling-house
  •  (1) If any place referred to in subsection 34(1) is a dwelling-house, the designated person may not enter it without the consent of the occupant except 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 person who is named in it to enter a dwelling-house, subject to any conditions that may be 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 34(1);

    • (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with the Act and any regulation or order; and

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

  • 2009, c. 2, s. 340.

Prohibitions

Marginal note:False statements or information
  •  (1) No person shall knowingly, orally or in writing, make a false or misleading statement or provide false or misleading information, in connection with any matter under this Act, to a designated person who is carrying out their functions under section 34.

  • Marginal note:Obstruction

    (2) No person shall knowingly obstruct or hinder a designated person who is carrying out their functions under section 34.

  • 2009, c. 2, s. 340.

Injunction

Marginal note:Injunction
  •  (1) If, on the application of the Minister, 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 this Act, the court may issue an injunction ordering a person named in the application

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

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

  • Marginal note:Notice

    (2) No injunction may be issued under subsection (1) unless 48 hours’ notice is served on the party or parties named in the application or the urgency of the situation is such that service would not be in the public interest.

  • 2009, c. 2, s. 340.

Immunity

Marginal note:Not personally liable
  •  (1) Servants of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, are not personally liable for anything they do or omit to do in good faith under this Act.

  • Marginal note:Crown not relieved

    (2) Subsection (1) does not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability for a tort or extracontractual civil liability to which the Crown would otherwise be subject.

  • 2009, c. 2, s. 340.