PART 2Industrial Greenhouse Gas Emissions (continued)
DIVISION 2Information and Samples (continued)
Marginal note:Regulations — information
198 (1) The Governor in Council may make regulations respecting the gathering of information on greenhouse gases or other gases that contribute or could contribute to climate change, on the emission of those gases and on activities related to those emissions and the provision of that information to the Minister, including regulations
(a) respecting the methods, including sampling methods, and equipment that are to be used to gather the information or to quantify gas emissions;
(b) respecting the rounding of numbers;
(c) respecting the verification of the information by third parties;
(d) respecting the correction or updating of any information that is provided under this Division;
(e) respecting the keeping and retention of records; and
(f) specifying the form and manner in which the information is to be provided.
Marginal note:Regulations — samples
(2) The Governor in Council may make regulations respecting the gathering of samples of greenhouse gases or other gases that contribute or could contribute to climate change or of samples of any substance or product, including a fuel, that is related to those gases and the provision of those samples to the Minister, including regulations
(a) respecting the sampling methods and equipment that are to be used to gather the samples; and
(b) specifying the form and manner in which the samples are to be provided.
Marginal note:Errors and omissions
199 (1) If, within five years after the day on which a person provides information under this Division, the Minister is of the opinion that there is an error or omission in that information, the Minister may require the person to provide corrected information and may require the person to cause the corrected information to be verified by a third party.
(2) If the Minister requires a person to provide corrected information or to cause corrected information to be verified by a third party, the person must do so by a deadline specified by the Minister.
DIVISION 3Administration and Enforcement
200 The following definitions apply in this Division.
conveyance includes any vehicle, ship or aircraft. (moyen de transport)
dwelling-house has the meaning assigned by section 2 of the Criminal Code and includes, for greater certainty, living quarters on a platform anchored at sea. (maison d’habitation)
place includes any platform anchored at sea or conveyance. (lieu)
Designation of Enforcement Officers and Analysts
201 (1) The Minister may designate individuals or classes of individuals whom the Minister considers qualified as enforcement officers or analysts for the purposes of the administration and enforcement of this Part.
Marginal note:Production of certificate of designation
(2) Every enforcement officer or analyst must be furnished with a certificate of designation as an enforcement officer or analyst, as the case may be, and on entering any place referred to in subsection 203(1) must, if so requested, produce the certificate to the person in charge of the place.
Marginal note:Powers of enforcement officers
(3) For the purposes of this Part, enforcement officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any individuals or class of individuals.
Marginal note:Exclusive economic zone and continental shelf
(4) Every power that may be exercised or every duty or function that may be performed by an enforcement officer or an analyst under this Part may be exercised or performed in the exclusive economic zone of Canada or in the waters above the continental shelf of Canada.
202 No action or other proceeding of a civil nature may be brought against an enforcement officer or an analyst in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties or functions under this Part.
Marginal note:Authority to enter
203 (1) An enforcement officer who has reasonable grounds to believe that anything to which this Part applies — including a book, record, piece of electronic data or other document — is located in a place or that an activity regulated by this Part is conducted in a place, may, for the purpose of verifying compliance with this Part, enter the place and require any individual to be present.
(2) The enforcement officer may, for that purpose,
(a) examine anything that is found in the place;
(b) open and examine any receptacle or package found in the place;
(c) examine any books, records, electronic data or other documents and make copies of them or any part of them;
(d) take samples of anything to which this Part applies;
(e) conduct any tests or take any measurements;
(f) take photographs and make recordings or sketches;
(g) order the owner or person in charge of the place or a person at the place to establish their identity to the enforcement officer’s satisfaction;
(h) order the owner or person in charge of the place or a person in the place to stop or start an activity;
(i) use or cause to be used any computer system or means of communication at the place to examine any data contained in or available to the computer system or means of communication;
(j) cause a record to be produced from the data in the form of a printout or other intelligible output;
(k) reproduce any record or cause it to be reproduced;
(l) order the owner or a person having possession, care or control of anything in the place to not move it, or to restrict its movement;
(m) use or direct any person to operate or to cease to operate any system or equipment — including any system or equipment for measuring greenhouse gas emissions — in the place;
(n) take a printout or other output for examination or copying;
(o) use or cause to be used any copying equipment in the place to make copies of the record; and
(p) prohibit or limit access to all or part of the place.
Marginal note:Disposition of samples
(3) An enforcement officer may dispose of a sample taken under paragraph (2)(d) in any manner that the enforcement officer considers appropriate.
(4) An enforcement officer who enters a place under subsection (1) may be accompanied by an analyst. The accompanying analyst may enter the place and exercise any of the powers referred to in paragraphs (2)(a) to (f) and may use any system or equipment — including any system or equipment for measuring greenhouse gas emissions — in the place.
Marginal note:Stopping and detaining conveyances
(5) For the purpose of entering a place referred to in subsection (1) that is a conveyance, an enforcement officer may, at any reasonable time, direct that the conveyance be stopped — or be moved, by the route and in the manner that the enforcement officer may specify, to a place specified by the enforcement officer — and the enforcement officer may, for a reasonable time, detain the conveyance.
Marginal note:Enforcement officer and analyst to receive accommodation
(6) An enforcement officer who travels to a platform anchored at sea for the purpose of entering it under subsection (1), and any analyst who accompanies the enforcement officer, must be carried to and from the platform free of charge and the person in charge of the platform must provide the enforcement officer and analyst with suitable accommodation and food free of charge.
Marginal note:Warrant to enter dwelling-house
204 (1) If a place referred to in subsection 203(1) is a dwelling-house, an enforcement officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).
Marginal note:Authority to issue warrant
(2) On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer to enter a dwelling-house — and authorizing any other person named in the warrant to accompany the enforcement officer and to exercise any power referred to in section 203 that is specified in the warrant — if the justice is satisfied by information on oath that
(a) the dwelling-house is a place referred to in subsection 203(1);
(b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Part; and
(c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
Marginal note:Conditions in warrant
(3) A warrant issued under this section may contain any conditions that the justice of the peace considers appropriate.
Marginal note:Production of documents and samples
205 (1) For the purpose of verifying compliance with this Part, the Minister may, 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 203(2)(c) or any samples referred to in paragraph 203(2)(d) within any reasonable time and in any reasonable manner that may be stipulated in the letter or demand.
(2) Any person that is required to produce anything under subsection (1) must, despite any other law to the contrary, do so as required.
Assistance to Enforcement Officers and Analysts
Marginal note:Entry on private property
206 While exercising powers or performing duties or functions under this Part, enforcement officers and analysts, and any persons accompanying them, may enter private property — other than a dwelling-house — and pass through it in order to gain entry to a place referred to in subsection 203(1). For greater certainty, they are not liable for doing so.
207 If an enforcement officer or analyst enters a place referred to in subsection 203(1), the owner or person in charge of the place and every person found in it must
(a) give the enforcement officer or analyst all reasonable assistance to enable them to perform duties and functions under this Part; and
(b) provide the enforcement officer or analyst with any information that the enforcement officer or analyst may reasonably require for the purposes of this Part.
Marginal note:False or misleading statements
208 A person must not knowingly make any false or misleading statement, either orally or in writing, to an enforcement officer or analyst who is exercising powers or performing duties and functions under this Part.
209 A person must not obstruct or hinder an enforcement officer or analyst who is exercising powers or performing duties and functions under this Part.
Disposition of Things Seized
Marginal note:Custody of things seized
Marginal note:Forfeiture if ownership not ascertainable
(2) If the lawful ownership of or entitlement to the seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada.
(3) The owner of the seized thing may abandon it to Her Majesty in right of Canada.
Marginal note:Disposition by Minister
211 Any thing that has been forfeited or abandoned under this Part is to be dealt with and disposed of as the Minister may direct.
Marginal note:Liability for costs
212 The lawful owner and any person lawfully entitled to possession of any thing seized, detained, forfeited or abandoned under this Part or under the Criminal Code and who has been found guilty of an offence under this Part in relation to that thing, are jointly and severally, or solidarily, liable for all the costs of entry to a place, seizure, detention, forfeiture, abandonment or disposition incurred by Her Majesty in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty under this Part or the Criminal Code.
Jurisdiction of Justices and Judges — Exclusive Economic Zone of Canada and Waters Above the Continental Shelf of Canada
Marginal note:Jurisdiction of justices and judges
213 A justice or judge in any territorial division in Canada has jurisdiction to exercise powers or perform duties or functions under this Part in relation to the exercise of powers or performance of duties or functions by an enforcement officer or analyst in the exclusive economic zone of Canada or the waters above the continental shelf of Canada.
214 The following definitions apply in sections 215 to 223.
- Chief Review Officer
Chief Review Officer means the review officer appointed as Chief Review Officer under subsection 244(1) of the Canadian Environmental Protection Act, 1999 and includes any review officer designated under subsection 244(3) of that Act to perform the functions of the Chief Review Officer. (réviseur-chef)
order means an order issued under section 215. (ordre)
215 (1) If an enforcement officer believes on reasonable grounds that there is or is likely to be a contravention of this Part, they may issue an order directing a person to
(a) stop doing something that is or is likely to be in contravention of this Part or cause it to be stopped;
(b) take any measure that is necessary in order to comply with this Part or to mitigate the effects of non-compliance; and
(c) take any other measure that the enforcement officer considers necessary to facilitate compliance with the order 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 and setting out any action to be taken by the person with respect to the subject matter of the order.
(2) An order must be provided in the form of a written notice and must set out
(a) the name of each person to whom it is directed;
(b) the provision of this Part 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) whatever it is to be stopped or 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 (3), 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
(3) The maximum duration of an order is 180 days.
Marginal note:Statutory Instruments Act
(4) An order is not a statutory instrument for the purposes of the Statutory Instruments Act.
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