An Act respecting the protection of the Antarctic Environment (S.C. 2003, c. 20)

Assented to 2003-10-20

Marginal note:Regulations — fees
  •  (1) The Minister may make regulations

    • (a) prescribing the fees or a scale of fees or the manner of determining the fees to be paid for issuing, amending or renewing permits;

    • (b) prescribing the persons or vessels or classes of persons or vessels by whom or on whose behalf the fees are to be paid, and requiring the fees to be paid by those persons, vessels or classes;

    • (c) exempting any person or vessel, or class of persons or vessels, from the requirement to pay any of those fees; and

    • (d) generally, in respect of any condition or any other matter in relation to the payment of those fees.

  • Marginal note:Limit

    (2) Fees that are prescribed by or under regulations made under subsection (1) in respect of the issuance, amendment or renewal of permits shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable costs incurred by Her Majesty in carrying out those functions.

Marginal note:Recovery

 Fees required by the regulations to be paid constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

ENFORCEMENT IN CANADA

Enforcement Officers and Analysts

Marginal note:Designation
  •  (1) The Minister may designate as an enforcement officer or analyst for the purpose of this Act or any provision of this Act any person or member of a class of persons who, in the Minister’s opinion, is qualified to be so designated.

  • Marginal note:Powers

    (2) For the purposes of this Act, an enforcement officer in Canada has all the powers of a peace officer, but the Minister may specify limits on those powers when designating the enforcement officer.

  • Marginal note:Limits

    (3) The Minister may limit the powers that may be exercised by an enforcement officer or analyst under this Act.

  • Marginal note:Production of certificate

    (4) The Minister must provide every enforcement officer and analyst with a certificate of designation that includes any limits under subsection (2) or (3). On entering any place, the enforcement officer or analyst must, if so requested, produce the certificate to the person in charge of the place.

Inspections in Canada

Marginal note:Entry
  •  (1) Subject to subsection (2), for the purposes of this Act, an enforcement officer may, at any reasonable time, enter any place in Canada in which the enforcement officer believes, on reasonable grounds, there is anything to which this Act applies or any document relating to its administration.

  • Marginal note:Dwelling-house

    (2) An enforcement officer may not enter a dwelling-house without the consent of the occupant or pursuant to a warrant issued under subsection (3).

  • Marginal note:Warrant for inspection of dwelling-house

    (3) If, on ex parte application, a justice is satisfied by information on oath that

    • (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

    • (b) entry to the dwelling-house is necessary for any purpose relating to the administration of this Act, and

    • (c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused,

    the justice may issue a warrant authorizing the enforcement officer named in it to conduct an inspection of the dwelling-house, subject to any conditions that may be specified in the warrant, and authorizing any other person named in the warrant to accompany the enforcement officer and exercise any power specified in the warrant.

  • Marginal note:Warrants for inspection of non-dwellings

    (4) If, on ex parte application, a justice is satisfied by information on oath that

    • (a) the conditions for entry described in subsection (1) exist in relation to a place other than a dwelling-house,

    • (b) entry to the place is necessary for any purpose relating to the administration of this Act,

    • (c) entry to the place has been refused, the enforcement officer was not able to enter without the use of force or the place was abandoned, and

    • (d) subject to subsection (5), all reasonable attempts were made to notify the owner, operator or person in charge of the place,

    the justice may issue a warrant authorizing the enforcement officer named in it to conduct an inspection of the place, subject to any conditions that may be specified in the warrant, and authorizing any other person named in the warrant to accompany the enforcement officer and exercise any power specified in the warrant.

  • Marginal note:Waiving notice

    (5) The justice may waive the requirement to give notice under paragraph (4)(d) if he or she is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge is absent from the jurisdiction of the justice or that it is not in the public interest to give the notice.

  • Marginal note:Use of force

    (6) In executing a warrant issued under subsection (3) or (4), an enforcement officer shall not use force unless the use of force has been specifically authorized in the warrant.

  • Marginal note:Stopping and detaining conveyances

    (7) For the purposes of this Act, an enforcement officer may, at any reasonable time, direct that any conveyance be stopped or be moved to a place where an inspection can be carried out and may, for a reasonable time, detain any conveyance.

  • Marginal note:Vessels and aircraft

    (8) For the purposes of this Act but subject to subsection (2), if an enforcement officer believes on reasonable grounds that there is, on any vessels or aircraft in Canada, anything to which this Act applies or any document relating to its administration, the officer may, at any reasonable time,

    • (a) direct that the vessel be stopped or be moved to a place where an inspection can be carried out and may, for a reasonable time, detain the vessel;

    • (b) board the vessel or aircraft; or

    • (c) travel on the vessel or aircraft.

  • Marginal note:Powers of inspection

    (9) In carrying out an inspection of a place under this section, an enforcement officer may, for the purposes of this Act,

    • (a) examine any substance, product or other thing relevant to the administration of this Act that is found in the place;

    • (b) open and examine any receptacle or package found that he or she believes on reasonable grounds contains any substance, product or other thing;

    • (c) examine any books, records, electronic data or other documents that he or she believes on reasonable grounds contain any information relevant to the administration of this Act and make copies of them or take extracts from them;

    • (d) take samples of anything relevant to the administration of this Act; and

    • (e) conduct any tests or take any measurements.

  • Marginal note:Analysts

    (10) An analyst may, for the purposes of this Act, accompany an enforcement officer who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the enforcement officer, enter the place and exercise any of the powers described in subsection (9).

  • Marginal note:Disposition of samples

    (11) An enforcement officer or analyst who takes a sample referred to in paragraph (9)(d) may dispose of it in any manner that the officer or analyst considers appropriate.

  • Marginal note:Operation of computer systems and copying equipment

    (12) In carrying out an inspection, an enforcement officer may

    • (a) use or cause to be used any computer system or data processing system at the place being inspected to examine any data contained in, or available to, the system;

    • (b) 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

    • (c) use or cause to be used any copying equipment at the place being inspected to make copies of any books, records, electronic data or other documents.

  • Marginal note:Duty of person in possession or control

    (13) Every person who is in possession or control of a place being inspected under this section shall permit the enforcement officer to do anything referred to in subsection (12).

  • Marginal note:Assistance

    (14) The owner or person in charge of a place being inspected under this section, and every person found in the place, shall

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

    • (b) provide the enforcement officer or analyst with any information with respect to the administration of this Act that he or she may reasonably require.

Marginal note:Production of documents and samples
  •  (1) The Minister may, for the purposes of this Act, by registered letter or by a demand served personally, require any person in Canada, within any reasonable time and in any reasonable manner that may be stipulated in the letter or demand,

    • (a) to produce at a place specified by the Minister any sample taken in Canada or any document; or

    • (b) to conduct any tests in Canada or take any measurements or samples there.

  • Marginal note:Compliance

    (2) Any person who is required to do anything under subsection (1) shall, despite any other law to the contrary, comply with the requirement.

Search and Seizure in Canada

Marginal note:Authority to issue warrant for search and seizure
  •  (1) If, on ex parte application, a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place in Canada

    • (a) anything by means of or in relation to which any provision of this Act or the regulations has been contravened, or

    • (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence under this Act,

    the justice may issue a warrant authorizing an enforcement officer, or any other person named in the warrant, to enter and search the place and to seize anything referred to in paragraph (a) or (b), subject to any conditions that may be specified in the warrant.

  • Marginal note:Warrant for seizure of vessel or aircraft

    (2) If, on ex parte application, a justice is satisfied by information on oath that there are reasonable grounds to believe that an offence has been committed by a Canadian vessel or the pilot in command of a Canadian aircraft, he or she may issue a warrant authorizing an enforcement officer, or authorizing any other person named in the warrant, to seize the vessel or aircraft anywhere in Canada.

  • Marginal note:Search and seizure

    (3) A person authorized by a warrant issued under subsection (1) or (2) may

    • (a) at any reasonable time, enter and search a place referred to in the warrant;

    • (b) seize and detain anything referred to in the warrant; and

    • (c) exercise the powers described in subsections 30(9) and (11).

  • Marginal note:Where warrant not necessary

    (4) An enforcement officer may exercise the powers described in subsection (3) without a warrant if the conditions for obtaining the warrant exist but, by reason of exigent circumstances, it would not be practical to obtain the warrant.

  • Marginal note:Exigent circumstances

    (5) For greater certainty, exigent circumstances include circumstances in which the delay necessary to obtain a warrant under subsection (1) or (2) would result in a danger to human life or the environment or the loss or destruction of evidence.

  • Marginal note:Operation of computer system and copying equipment

    (6) A person authorized under this section to search a place may

    • (a) use or cause to be used any computer system at the place to search any data contained in or available to the computer system;

    • (b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output;

    • (c) seize any printout or other output for examination or copying; or

    • (d) use or cause to be used any copying equipment at the place to make copies of the record.

  • Marginal note:Duty of person in possession or control

    (7) Every person who is in possession or control of a place where a search is carried out under this section shall permit the person carrying out the search to do anything referred to in subsection (6).

 
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