Antarctic Environmental Protection Act (S.C. 2003, c. 20)

Act current to 2019-06-20 and last amended on 2017-12-12. Previous Versions

Enforcement in Canada (continued)

Inspections in Canada (continued)

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 any other 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).

  • 2003, c. 20, s. 32
  • 2009, c. 14, s. 6

Marginal note:Custody

  •  (1) Anything seized under section 32 must be delivered into the custody of a person whom the Minister designates.

  • Marginal note:Discharge of cargo

    (2) If a thing seized under section 32 has cargo on board, the cargo may be discharged, under the supervision of

    • (a) the enforcement officer or other person by whom the thing was seized, or

    • (b) the person into whose custody the thing was delivered in accordance with subsection (1),

    at the place in Canada that is capable of receiving the cargo and is nearest to the place of seizure, or at any other place that is satisfactory to the enforcement officer or other person supervising the discharge of the cargo.

  • Marginal note:Sale of perishable cargo

    (3) If a thing seized under section 32 has cargo on board that is perishable,

    • (a) the enforcement officer or other person by whom the thing was seized, or

    • (b) the person into whose custody the thing was delivered in accordance with subsection (1)

    may sell the cargo or the portion of it that is perishable, and the proceeds of the sale shall be paid to the Receiver General or shall be deposited in a bank to the credit of the Receiver General.

  • Marginal note:Order for delivery of cargo

    (4) The owner of the cargo may apply to the Federal Court for an order requiring the person who has custody of the cargo or the proceeds of any sale of the cargo to deliver the cargo or proceeds to the owner, and the Court may make the order if it is satisfied that the applicant is the owner of the cargo to which the application relates.

Marginal note:Redelivery on deposit of security

  •  (1) If a thing has been seized under section 32, the Federal Court may, with the consent of the Minister, order redelivery of the thing or delivery of the proceeds realized from a sale of any perishable cargo under subsection 33(3) to the person from whom the thing was seized if security in the form of a bond, in an amount and form satisfactory to the Minister, is given to the Minister.

  • Marginal note:Seized vessel etc., to be returned unless proceedings instituted

    (2) Anything referred to in subsection (1) that has been seized under section 32, or any security given to the Minister under subsection (1), shall be returned or paid to the person from whom the thing was seized within 30 days after the day of its seizure unless, before the expiry of that period, proceedings are instituted in respect of an offence under this Act alleged to have been committed by the owner of the thing.

Detention in Canada

Marginal note:Seizure

  •  (1) Whenever, during the course of an inspection or search, an enforcement officer has reasonable grounds to believe that an offence under this Act has been committed, the enforcement officer may seize and detain anything

    • (a) by means of or in relation to which the enforcement officer reasonably believes the offence occurred; or

    • (b) that the enforcement officer reasonably believes will afford evidence of the offence.

  • Marginal note:Limitation

    (2) An enforcement officer shall not seize anything under subsection (1) unless the thing is required as evidence or for purposes of analysis, or unless the enforcement officer is of the opinion that the seizure is necessary in the public interest.

  • Marginal note:Notice of contravention

    (3) An enforcement officer who has seized and detained a thing under subsection (1) shall, as soon as practicable, advise the person in whose possession it was at the time of the seizure of the provision of this Act or the regulations that the enforcement officer believes has been contravened.

  • Marginal note:Detention and release

    (4) A thing seized under subsection (1) or section 32, other than a vessel or aircraft, shall not be detained

    • (a) after the owner of the thing or the person in whose possession it was at the time of the seizure applies to the enforcement officer or to the Minister for its release and the enforcement officer or the Minister is satisfied that it is not necessary in the public interest to continue to detain the thing or that the thing is not required as evidence or for purposes of analysis; or

    • (b) after the expiry of 90 days after the day of its seizure, unless before that time

      • (i) the thing has been forfeited under section 40,

      • (ii) proceedings have been instituted in respect of the contravention in relation to which the thing was seized, in which case it may be detained until the proceedings are finally concluded, or

      • (iii) the Minister has, in accordance with section 36, served or made reasonable efforts to serve notice of an application for an order extending the period during which the thing may be detained.

  • Marginal note:Storage of seized thing

    (5) A thing seized by an enforcement officer under subsection (1) or section 32, other than a vessel, aircraft, platform or other structure, shall be kept or stored in the place where it was seized except if

    • (a) in the opinion of the enforcement officer,

      • (i) it is not in the public interest to do so, or

      • (ii) the thing seized, or a sample of it, is required as evidence and removal and storage of the thing seized are necessary to ensure that the thing or sample will be available as evidence in any related proceedings, or

    • (b) the person in whose possession it was at the time of its seizure or the person entitled to possession of the place requests the enforcement officer to have it removed to some other place,

    in which case, the thing may be removed to and stored in any other place at the direction of or with the concurrence of an enforcement officer and at the expense of the person who requested that it be removed.

  • Marginal note:Interference with seized thing

    (6) Unless authorized by an enforcement officer, no person shall remove, alter or interfere in any way with a thing seized and detained by an enforcement officer under subsection (1) or section 32, but an enforcement officer shall, at the request of the person from whom it was seized, allow that person or any person authorized by that person to examine it and, if practicable, provide a sample or copy of it to that person.

 
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