Canadian Environmental Protection Act, 1999

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) Where 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 under section 272 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.