Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Marginal note:Immunity

217.1 Enforcement officers and analysts are not personally liable for anything they do or omit to do in good faith while carrying out duties or exercising powers under this Act, including any failure to exercise a discretionary authority.

Inspection

Marginal note:Inspection

• 218 (1) Subject to subsection (2), for the purposes of this Act and the regulations, an enforcement officer may, at any reasonable time, enter and inspect any place if the enforcement officer has reasonable grounds to believe that

  • (a) there can be found in the place a substance with respect to which this Act applies, a product that contains such a substance or a product that may release such a substance into the environment;

  • (b) fuels to which this Act applies are being or have been produced or blended, or can be found, in the place;

  • (c) a cleaning product or water conditioner, as defined in section 116, is being or has been produced or can be found in the place;

  • (d) regulations made under section 209 apply to or in respect of the place;

  • (e) the place is a source in respect of which regulations have been made under section 167 or 177 or a place in respect of which regulations have been made under section 200;

  • (f) a substance is being loaded for the purpose of disposal at sea or is being disposed of at sea;

  • (g) any vehicle, engine or equipment of a class for which standards for emissions have been prescribed that is owned by or is on the premises of a company or a consignee of imported vehicles or engines or imported equipment can be found in the place;

  • (h) any component to be used in the manufacture of a vehicle, engine or equipment for which standards for emissions have been prescribed can be found in the place;

  • (i) any record in relation to the design, manufacture, testing and field performance of a vehicle, engine or equipment in so far as it relates to emissions can be found in the place; or

  • (j) any books, records, electronic data or other documents relevant to the administration of this Act can be found in the place.

• Marginal note:Private dwelling-place

  (2) An enforcement officer may not enter a private dwelling-place or any part of a place that is designed to be used and is being used as a permanent or temporary private dwelling-place except

  • (a) with the consent of the occupant of the place; or

  • (b) under the authority of a warrant issued under subsection (3).

• Marginal note:Warrant for inspection of dwelling-place

  (3) Where 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 private dwelling-place,

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

  • (c) entry to the dwelling-place 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-place subject to any conditions that may be specified in the warrant, and authorizing any other person named therein to accompany the enforcement officer and exercise any power specified in the warrant.

• Marginal note:Warrants for inspection of non-dwellings

  (4) Where 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 private dwelling-place,

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

  • (c) entry to that 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 therein 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 referred to in subsection (4) where the justice 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 and the regulations, an enforcement officer may, at any reasonable time, direct that any conveyance be stopped — or be moved by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out — and the officer may, for a reasonable time, detain any conveyance, platform or other structure.

• Marginal note:Moving and detaining shipping containers

  (7.1) For the purposes of this Act and the regulations, an enforcement officer may, at any reasonable time, direct that any shipping container be moved to a place specified by the officer and the officer may, for a reasonable time, detain the container.

• Marginal note:Powers in relation to ships, etc.

  (8) Subject to subsection (2), for the purposes of this Act and the regulations, an enforcement officer may, at any reasonable time,

  • (a) board any ship, platform or other structure in an area of the sea referred to in any of paragraphs 122(2)(a) to (e), or any aircraft in Canada, if the enforcement officer believes on reasonable grounds that the ship, platform or other structure or aircraft has on board a substance to be disposed of at sea; and

  • (b) travel on any ship, aircraft, platform or other structure that is loaded with a substance to be disposed of at sea.

• Marginal note:Enforcement officer and analyst to receive accommodation

  (9) An enforcement officer who travels on a ship, aircraft, platform or other structure under paragraph (8)(b), and any analyst who accompanies the enforcement officer, shall be carried free of charge to and from the disposal site, and the person in command of the ship or aircraft or in charge of the platform or structure shall provide the enforcement officer and analyst with suitable accommodation and food free of charge.

• Marginal note:Powers of enforcement officer

  (10) 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, fuel, cleaning product or water conditioner referred to in subsection (1) or any 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 the enforcement officer believes on reasonable grounds contains any substance, product, air contaminant, fuel, cleaning product or water conditioner, engine, equipment or component;

  • (c) examine any books, records, electronic data or other documents that the enforcement officer 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:Disposition of samples

  (11) An enforcement officer may dispose a sample taken under paragraph (10)(d) in any manner that the enforcement officer considers appropriate.

• Marginal note:Analysts

  (12) 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 so accompanying an enforcement officer, enter the place and exercise any of the powers described in subsections (8) and (10).

• Marginal note:Operation of computer system and copying equipment

  (13) In carrying out an inspection of a place under this section, an enforcement officer may

  • (a) use or cause to be used any computer system at the place to examine 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) take a printout or other output for examination or copying; and

  • (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

  (14) 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 (13).

• Marginal note:Inspections in exclusive economic zone

  (15) For the purpose of verifying compliance with Division 3 of Part 7 and regulations made under that Division, subsections (1) to (14) also apply in respect of a place in an area of the sea referred to in paragraph 122(2)(c).

• Marginal note:Consent of Minister required

  (16) The consent of the Minister is required for the exercise in an area of the sea referred to in paragraph 122(2)(c) of any power under this section in relation to a ship that is not a Canadian ship.

• Marginal note:Consent of Attorney General not required

  (17) For greater certainty, the consent of the Attorney General of Canada is not required for the exercise of any power under this section in relation to a ship that is not a Canadian ship.

Marginal note:Production of documents and samples

• 219 (1) The Minister may, for the purposes of this Act and the regulations, by registered letter or by a demand served personally, require any person to produce at a place specified by the Minister anything referred to in paragraph 218(10)(c) or any samples referred to in paragraph 218(10)(d) within any reasonable time and in any reasonable manner that may be stipulated therein.

• Marginal note:Compliance

  (2) Any person who is required to produce anything under subsection (1) shall, despite any other law to the contrary, do so as required.

Search

Marginal note:Authority to issue warrant for search and seizure

• 220 (1) Where 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

  • (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 authorizing 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 ships, etc.

  (2) If on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that an offence under this Act has been committed by an owner of any ship, aircraft, platform or other structure, the justice may issue a warrant authorizing an enforcement officer, or authorizing any other person named in the warrant, to seize the ship, aircraft, platform or structure anywhere in Canada and, in the case of a ship, platform or structure, within Canadian waters.

• 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 subsection 218(10) or (13).

• 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 danger to human life or the environment or the loss or destruction of evidence.

• Marginal note:Exception in relation to ships that are not Canadian ships

  (5.1) Despite subsection (4), an enforcement officer may exercise the powers described in subsection (3) without a warrant in relation to a ship that is not a Canadian ship if

  • (a) the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant; and

  • (b) the Attorney General of Canada has consented to the exercise of the powers without a warrant.

• 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; and

  • (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 in respect of which a search is carried out under this section shall permit the person carrying out the search to do anything referred to in subsection (6).

• Marginal note:Accommodation

  (8) A person who is exercising powers described in subsection (3) on a ship, an aircraft, a platform or other structure shall be carried free of charge, and the person in command of the ship or aircraft or in charge of the platform or other structure shall provide the person exercising those powers with suitable accommodation and food free of charge.