Enforcement in Canada (continued)
Detention in Canada (continued)
Marginal note:Application to extend period of detention
36 (1) If proceedings referred to in paragraph 35(4)(b) have not been instituted in respect of the contravention in relation to which a thing was seized under section 32 or subsection 35(1), the Minister may, before the expiry of 90 days after the day of its seizure and on serving prior notice in accordance with subsection (2) on the owner of the thing or on the person who at the time of the seizure was in possession of it, apply to a provincial court judge, as defined in section 2 of the Criminal Code, within whose territorial jurisdiction the seizure was made for an order extending the period during which it may be detained.
(2) The notice shall be served by personal service at least five clear days before the day on which the application is to be made, or by registered mail at least seven clear days before that day, and shall specify
(a) the provincial court in which the application is to be made;
(b) the place where and the time when the application is to be heard;
(c) the thing seized in respect of which the application is to be made; and
(d) the grounds on which the Minister intends to rely to show why there should be an extension of the period during which the thing seized may be detained.
Marginal note:Order of extension granted
(3) If, on the hearing of an application made under subsection (1), the judge is satisfied that the thing seized should continue to be detained, the judge shall order
(a) that the thing be detained for any additional period and on any conditions relating to the detention for that additional period that the judge considers proper; and
(b) on the expiry of the additional period, that the thing be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of the additional period, an event referred to in subparagraph 35(4)(b)(i), (ii) or (iii) has occurred.
Marginal note:Order of extension refused
(4) If, on the hearing of an application made under subsection (1), the judge is not satisfied that the thing seized should continue to be detained, the judge shall order that, on the expiry of 90 days after the day of its seizure, it be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of that period, an event referred to in subparagraph 35(4)(b)(i) or (ii) has occurred.
Detention of Vessels
Marginal note:Order in writing
(2) The detention order shall be in writing and be addressed to all persons at any port in Canada where the vessel to which the order relates is or will be who are empowered to give a clearance in respect of the vessel.
Marginal note:Notice of detention order
(3) Notice of the detention order shall be served on the master of the vessel in respect of which the order is made.
Marginal note:Duty of authorized representative or master
(4) If the notice has been served on the master of the vessel, the authorized representative or master of the vessel shall not give an order for the vessel to go into an area of the sea referred to in paragraph 122(2)(f) or (g) of the Canadian Environmental Protection Act, 1999 during the term of the detention order.
Marginal note:Duty of persons empowered to give clearance
(5) Subject to subsection (6), no person to whom a detention order is addressed shall, after notice of the order is received by the person, give clearance in respect of the vessel to which the order relates.
Marginal note:When clearance given
(6) A person to whom a detention order is addressed and who has received notice of the order may give clearance in respect of the vessel to which the order relates if
(a) the vessel or the authorized representative or master of the vessel, as the case may be,
(b) security for payment of the maximum fine that might be imposed as a result of a conviction of the vessel or the person charged with that offence and of costs related to proceedings in connection with the charge, or security for payment of any lesser amount that is approved by the Minister or a person designated by the Minister for the purpose, is given to Her Majesty in right of Canada; or
(c) proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued.
Marginal note:Foreign state to be notified
(7) If a vessel to which a detention order relates is registered in a foreign state, that state is to be notified that the order was made.
- 2003, c. 20, s. 37
- 2009, c. 14, s. 8
Direction of Vessels
Marginal note:Power to direct
37.01 An enforcement officer may direct a Canadian vessel, or any other vessel in Canada, to proceed, by the route and in the manner that the enforcement officer may specify, to any place specified by the enforcement officer if the officer has reasonable grounds to believe that
(a) the vessel is committing, has committed or is about to commit an offence under this Act; or
(b) a person on board the vessel is committing, has committed or is about to commit such an offence and the vessel was, is being or is about to be used in connection with the commission of the offence.
- 2009, c. 14, s. 9
Environmental Protection Compliance Orders
Meaning of order
37.02 For the purpose of sections 37.03 to 37.12, order means an environmental protection compliance order issued under section 37.03.
- 2009, c. 14, s. 9
37.03 (1) Whenever, during the course of an inspection or a search, an enforcement officer has reasonable grounds to believe that any provision of this Act or the regulations has been contravened by a person who is continuing the commission of the offence, or that any of those provisions are likely to be contravened, the enforcement officer may issue an environmental protection compliance order directing any person described in subsection (2) to take any of the measures referred to in subsection (3) that are reasonable in the circumstances and consistent with the protection of the Antarctic environment and dependent and associated ecosystems, and with public safety, in order to cease or refrain from committing the alleged contravention.
Marginal note:Persons subject to order
(2) Subsection (1) applies to
Marginal note:Specific measures
(3) The order may specify that the person to whom the order is directed take one or more of the following measures:
(a) refrain from doing anything in contravention of this Act or the regulations, or do anything to comply with this Act or the regulations;
(b) stop or shut down any activity, work, undertaking or thing for a specified period;
(c) cease the operation of any activity or any part of a work, undertaking or thing until the enforcement officer is satisfied that the activity, work, undertaking or thing will be operated in accordance with this Act and the regulations;
(d) move any conveyance to another location including, in the case of a Canadian vessel, moving the vessel into port or, in the case of an aircraft, landing the aircraft;
(e) unload or reload the contents of any conveyance; and
(f) take any other measure that the enforcement officer considers necessary to facilitate compliance with the order — or to restore the components of the environment damaged by the alleged contravention or to protect the components of the environment put at risk by the alleged contravention — including
(i) maintaining records on any relevant matter,
(ii) reporting periodically to the enforcement officer, and
(iii) submitting to the enforcement officer any information, proposal or plan specified by the enforcement officer that sets out any action to be taken by the person with respect to the subject matter of the order.
Marginal note:Contents of order
(4) Subject to section 37.04, an order must be made in writing and must set out
(a) the name of the person or persons to whom it is directed;
(b) the provision of this Act or the regulations that is alleged to have been or that is likely to be contravened;
(c) the relevant facts surrounding the alleged contravention;
(d) the measures to be taken;
(e) the time or the day when each measure is to begin or the period during which it is to be carried out;
(f) subject to subsection (5), the duration of the order;
(g) a statement that a request for a review may be made to the Chief Review Officer; and
(h) the period within which a request for a review may be made.
Marginal note:Duration of order
(5) An order may not be in force for a period of more than 180 days.
Marginal note:Failing to file report
(6) For the purposes of subsection (1), a person who commits an offence by failing to file a report required by this Act or the regulations is deemed to be continuing the commission of the offence each day that the report is not filed.
Marginal note:Statutory Instruments Act
- 2009, c. 14, s. 9
- 2017, c. 26, s. 63(E)
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