International River Improvements Act (R.S.C., 1985, c. I-20)

Short Title

Marginal note:Short title

1 This Act may be cited as the International River Improvements Act.

Interpretation

Marginal note:Definitions

2 In this Act,

boundary waters

boundary waters has the same meaning as in the Preliminary Article of the treaty relating to the boundary waters and to questions arising along the boundary between Canada and the United States signed at Washington on January 11, 1909 and set out in Schedule 1 to the International Boundary Waters Treaty Act. (eaux limitrophes)

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)

international river

international river means water flowing from any place in Canada to any place outside Canada; (cours d’eau international)

international river improvement

international river improvement means a dam, obstruction, canal, reservoir, pipeline or other work the purpose or effect of which is

• (a) to increase, decrease or alter the natural flow of an international river, and

• (b) to interfere with, alter or affect the actual or potential use of the international river outside Canada; (ouvrage destiné à l’amélioration d’un cours d’eau international)

Minister

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act. (ministre)

transboundary waters

transboundary waters has the same meaning as in section 10 of the International Boundary Waters Treaty Act. (eaux transfrontalières)

Regulations

Marginal note:Regulations

3 The Governor in Council may, for the purpose of developing and utilizing the water resources of Canada in the national interest, make regulations

• (a) respecting the construction, operation and maintenance of international river improvements;

• (b) respecting the issue, cancellation and suspension of licences for the construction, operation and maintenance of international river improvements;

• (c) prescribing fees for licences issued under this Act;

• (d) respecting the exemption of international river improvements from the operation of this Act;

• (e) authorizing the conduct of inspections under this Act in respect of any improvement exempted from the operation of this Act under the authority of regulations made under paragraph (d) and setting out the purposes for which those inspections may be carried out; and

• (f) designating provisions of the regulations for the purpose of paragraph 33(1)(b).

Licences

Marginal note:Constructing, operating, etc., improvement without licence or contrary to a licence

4 Except in accordance with a licence issued under this Act, no person shall construct, operate or maintain an international river improvement.

Marginal note:Purpose

• 4.1 (1) The purpose of this section is to prevent the risk of environmental harm resulting from the permanent loss of water from Canadian ecosystems.

• Marginal note:Prohibition

  (2) No licence may be issued for the construction, operation or maintenance of an international river improvement that links waters that are neither boundary waters nor transboundary waters to an international river if the purpose or effect of the improvement is to increase the annual flow of the international river at the international boundary.

5 [Repealed, 2009, c. 14, s. 91]

6 [Repealed, 2009, c. 14, s. 91]

General

Marginal note:Exception

• 7 (1) This Act does not apply in respect of an international river improvement

  • (a) constructed under the authority of an Act of Parliament;

  • (b) situated within boundary waters; or

  • (c) constructed, operated or maintained solely for domestic, sanitary or irrigation purposes or other similar consumptive uses.

• Marginal note:Inspections permitted

  (2) Despite subsection (1), inspections may be carried out under this Act in respect of any international river improvement referred to in paragraph (1)(c) to verify that the improvement is being constructed or continues to be operated or maintained solely for domestic, sanitary or irrigation purposes or other similar consumptive uses.

Marginal note:Binding on Her Majesty

8 This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:When provincial laws to apply

9 Notwithstanding anything in this Act, an international river improvement is subject to the same laws to which it would be subject if it were a river improvement within the legislative jurisdiction of the legislature of the province in which it is situated except in so far as the laws of that province are repugnant to this Act or the regulations.

Enforcement

Enforcement Officers and Analysts

Marginal note:Designation

• 10 (1) The Minister may designate as an enforcement officer or analyst for the purpose of this Act or any provision of this Act any person or member of a class of persons who, in the Minister’s opinion, is qualified to be so designated.

• Marginal note:Powers

  (2) For the purposes of this Act, an enforcement officer has all the powers of a peace officer, but the Minister may specify limits on those powers when designating the enforcement officer.

• Marginal note:Limits

  (3) The Minister may limit the powers that may be exercised by an enforcement officer or analyst under this Act.

• Marginal note:Production of certificate

  (4) The Minister must provide every enforcement officer and analyst with a certificate of designation that includes any limits under subsection (2) or (3). On entering any place, the enforcement officer or analyst must, if so requested, produce the certificate to the person in charge of the place.

Marginal note:Immunity

11 Enforcement officers and analysts are not personally liable for anything they do or omit to do in good faith under this Act.

Marginal note:Right of passage

12 While carrying out duties or functions under this Act, enforcement officers and analysts, and any persons accompanying them, may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.

Inspections

Marginal note:Power to enter and inspect

• 13 (1) Subject to subsection (2), for the purposes of this Act, an enforcement officer may, at any reasonable time, enter and inspect any place in which the officer believes, on reasonable grounds, there is anything to which this Act applies or any document relating to its administration.

• Marginal note:Dwelling-place

  (2) An enforcement officer may not enter a dwelling-place without the occupant’s consent or a warrant issued under subsection (3).

• Marginal note:Authority to issue warrant — dwelling-places

  (3) On ex parte application, a justice may issue a warrant authorizing an enforcement officer named in the warrant to conduct an inspection of a dwelling-place, subject to any conditions specified in the warrant — and authorizing any other person named in the warrant to accompany the enforcement officer and exercise any power specified in the warrant subject to any conditions specified in the warrant — if the justice is satisfied by information on oath that

  • (a) the conditions for entry described in subsection (1) exist in relation to the 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.

• Marginal note:Authority to issue warrant — non-dwellings

  (4) On ex parte application, a justice may issue a warrant authorizing an enforcement officer named in the warrant to conduct an inspection of a place other than a dwelling-place, subject to any conditions specified in the warrant — and authorizing any other person named in the warrant to accompany the enforcement officer and exercise any power specified in the warrant subject to any conditions specified in the warrant — if the justice is satisfied by information on oath that

  • (a) the conditions for entry described in subsection (1) exist in relation to that place;

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

  • (c) entry to the 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.

• Marginal note:Waiving notice

  (5) The justice may waive the requirement to give notice under paragraph (4)(d) if he or she 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 its use has been specifically authorized in the warrant.

• Marginal note:Stopping and detaining conveyances

  (7) For the purposes of this Act, 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.

• Marginal note:Enforcement officer’s powers

  (8) In carrying out an inspection of a place under this section, an enforcement officer may, for the purposes of this Act,

  • (a) examine any 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 officer believes on reasonable grounds contains any thing referred to in paragraph (a);

  • (c) examine any books, records, electronic data or other documents that the 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:Analysts

  (9) 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 accompanying the enforcement officer, enter the place and exercise any of the powers described in subsection (8).

• Marginal note:Disposition of samples

  (10) An enforcement officer or analyst may dispose of a sample taken under paragraph 8(d) in any manner that the officer or analyst considers appropriate.

• Marginal note:Operation of computer systems and copying equipment

  (11) In carrying out an inspection, an enforcement officer may

  • (a) use or cause to be used any computer system or data processing system at the place being inspected to examine any data contained in, or available to, the system;

  • (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and

  • (c) use or cause to be used any copying equipment at the place being inspected to make copies of any books, records, electronic data or other documents.

• Marginal note:Duty of person in possession or control

  (12) 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 (11).

Marginal note:Production of documents and samples

• 14 (1) The Minister may, for the purposes of this Act, by registered letter or by a demand served personally, require any person, within any reasonable time and in any reasonable manner that may be stipulated in the letter or demand,

  • (a) to produce at a place specified by the Minister any sample taken or any document; or

  • (b) to conduct any tests or take any measurements or samples there.

• Marginal note:Compliance

  (2) Any person who is required to do anything under subsection (1) shall, despite any other law to the contrary, comply with the requirement.

Search and Seizure

Marginal note:Search and seizure without warrant

15 For the purpose of this Act and the regulations, an enforcement officer may exercise the powers of search and seizure provided in section 487 of the Criminal Code without a search warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be feasible to obtain it.

Assistance to Enforcement Officers and Analysts

Marginal note:Assistance

16 The owner or the person in charge of a place entered by an enforcement officer or analyst under this Act, and every person found in the place, shall

• (a) give the enforcement officer or analyst all reasonable assistance to enable the officer or analyst to carry out their duties or functions under this Act; and

• (b) provide the enforcement officer or analyst with any information with respect to the administration of this Act that the officer or analyst may reasonably require.