Species at Risk Act (S.C. 2002, c. 29)

Marginal note:Assistance

91. The owner or the person in charge of a place entered by an enforcement officer under section 86, and every person found in the place, must

• (a) give the enforcement officer all reasonable assistance to enable the enforcement officer to carry out duties and functions under this Act; and

• (b) provide the enforcement officer with any information in relation to the administration of this Act, the regulations or an emergency order that the enforcement officer may reasonably require.

Marginal note:Obstruction

92. While an enforcement officer is exercising powers or carrying out duties or functions under this Act, no person shall

• (a) knowingly make any false or misleading statement, either orally or in writing, to the enforcement officer; or

• (b) otherwise obstruct or hinder the enforcement officer.

Marginal note:Application for investigation

• 93. (1) A person who is a resident of Canada and at least 18 years of age may apply to the competent minister for an investigation of whether an alleged offence has been committed or whether anything directed towards its commission has been done.

• Marginal note:Statement to accompany application

  (2) The application must be in a form approved by the competent minister and must include a solemn affirmation or declaration containing

  • (a) the name and address of the applicant;

  • (b) a statement that the applicant is at least 18 years old and a resident of Canada;

  • (c) a statement of the nature of the alleged offence and the name of each person alleged to be involved;

  • (d) a summary of the evidence supporting the allegations;

  • (e) the name and address of each person who might be able to give evidence about the alleged offence, together with a summary of the evidence that the person might give, to the extent that information is available to the applicant;

  • (f) a description of any document or other material that the applicant believes should be considered in the investigation and, if possible, a copy of the document; and

  • (g) details of any previous contact between the applicant and the competent minister about the alleged offence.

Marginal note:Investigation

• 94. (1) The competent minister must acknowledge receipt of the application within 20 days after receiving it and, subject to subsections (2) and (3), investigate all matters that he or she considers necessary to determine the facts relating to the alleged offence.

• Marginal note:Frivolous or vexatious applications

  (2) No investigation is required if the competent minister decides that the application is frivolous or vexatious.

• Marginal note:Notice of decision

  (3) If the competent minister decides not to conduct an investigation, he or she must, within 60 days after the application for investigation is received, give notice of the decision, with reasons, to the applicant.

• Marginal note:When notice need not be given

  (4) The competent minister need not give the notice if an investigation in relation to the alleged offence is ongoing apart from the application.