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

Act current to 2014-04-02 and last amended on 2014-04-01. Previous Versions

Powers

Marginal note:Authority to enter
  •  (1) A designated person may, for a purpose related to verifying compliance with this Act, enter a place in which they have reasonable grounds to believe that any of the following items are located:

    • (a) a work or anything related to a work; and

    • (b) an obstruction or potential obstruction.

  • Marginal note:Certification

    (2) On entering a place, the designated person shall, on request, produce to the person in charge of the place a certification in the form established by the Minister attesting to the designation.

  • Marginal note:Powers

    (3) The designated person may, for the purposes referred to in subsection (1),

    • (a) examine anything that is found in the place;

    • (b) remove any document or other thing from the place for examination or, in the case of a document, copying;

    • (c) direct any person to put into operation or cease operating any work, vessel or other conveyance, machinery or equipment in the place;

    • (d) prohibit or limit access to the place for as long as specified;

    • (e) take photographs and make video recordings and sketches;

    • (f) 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;

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

    • (h) 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:Entry — private property

    (4) The designated person, in carrying out their functions under this section, and a person accompanying them may enter on and pass through or over private property without being liable for doing so.

  • 2009, c. 2, s. 340;
  • 2012, c. 31, s. 324.
Marginal note:Duty to assist

 The owner or person who is in charge of a place that is entered under subsection 34(1) and every person who is in the place shall

  • (a) give a designated person who is carrying out their functions under section 34 all reasonable assistance; and

  • (b) provide them with any information that they may reasonably require.

  • 2009, c. 2, s. 340;
  • 2012, c. 31, s. 325(F).
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 a purpose related to verifying compliance with this Act; 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;
  • 2012, c. 31, s. 326.