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Greenhouse Gas Pollution Pricing Act (S.C. 2018, c. 12, s. 186)

Act current to 2019-06-20 and last amended on 2019-04-01. Previous Versions

PART 2Industrial Greenhouse Gas Emissions (continued)

DIVISION 3Administration and Enforcement (continued)

Powers (continued)

Marginal note:Production of documents and samples

  •  (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.

  • Marginal note:Compliance

    (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

 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.

Marginal note:Assistance

 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

 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.

Marginal note:Obstruction

 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

  •  (1) Subject to subsections (2) and (3), if an enforcement officer seizes a thing under section 489 of the Criminal Code,

    • (a) sections 489.1 and 490 of the Criminal Code apply; and

    • (b) the enforcement officer, or any person that the officer may designate, must retain custody of the thing subject to any order made under section 490 of the Criminal Code.

  • 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.

  • Marginal note:Abandonment

    (3) The owner of the seized thing may abandon it to Her Majesty in right of Canada.

Marginal note:Disposition by Minister

 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

 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

 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.

Compliance Orders

Marginal note:Definitions

 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

order means an order issued under section 215. (ordre)

Marginal note:Order

  •  (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.

  • Marginal note:Notice

    (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.

Marginal note:Notice of intent

  •  (1) An enforcement officer must, before issuing an order,

    • (a) provide an oral or a written notice of the intent of the enforcement officer to issue the order to every person to whom the order will be directed; and

    • (b) allow a reasonable opportunity in the circumstances for the person to make oral representations.

  • Marginal note:Contents of notice of intent

    (2) A notice of intent to issue an order must include

    • (a) a statement of the purpose of the notice;

    • (b) a reference to the statutory authority under which the order will be issued;

    • (c) the provision of this Part or the regulations that is alleged to have been or that is likely to be contravened; and

    • (d) a statement that the person to whom the order will be directed may make oral representations to the enforcement officer within the period stated in the notice.

Marginal note:Compliance with the order

  •  (1) A person to whom an order is directed must, on receipt of the order or a copy of it, comply with the order.

  • Marginal note:No bar to proceedings

    (2) The issuance of or compliance with an order in respect of a person’s alleged contravention of this Part or the regulations is not a bar to any proceedings against the person under this Part or under any other Act in relation to the alleged contravention.

 
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