Migratory Birds Convention Act, 1994

Marginal note:Inspections

• 7 (1) For the purpose of verifying compliance with this Act and the regulations, a game officer may, subject to subsection (3), at any reasonable time, enter and inspect any place, including a vessel, in which they believe, on reasonable grounds, there is any thing to which this Act or the regulations apply or any document, record or data relating to the administration of this Act or the regulations, and the game officer may

  • (a) open or cause to be opened any container that the game officer believes, on reasonable grounds, contains any such thing or document;

  • (b) inspect the thing and take samples free of charge;

  • (c) require any person to produce the document for inspection or copying, in whole or in part;

  • (c.1) use or cause to be used any computer system or data processing system at the place to examine any data contained in or available to the system;

  • (c.2) reproduce or cause to be reproduced any record from the data in the form of a printout or other intelligible output;

  • (c.3) take a printout or other output for inspection or copying;

  • (c.4) use or cause to be used any copying equipment at the place to make copies of the record or document; and

  • (d) seize any thing by means of or in relation to which the game officer believes, on reasonable grounds, this Act or the regulations have been contravened or that the game officer believes, on reasonable grounds, will provide evidence of a contravention.

• Marginal note:Duty of person in charge or control

  (1.1) Every person who is in charge or control of a place that is inspected under this section shall permit a game officer and every person acting under their direction and control to do anything referred to in paragraphs (1)(c.1) to (c.4).

• Marginal note:Entry of vessels

  (1.2) Subject to subsection (3), for the purpose of verifying compliance with this Act and the regulations, a game officer who believes on reasonable grounds that a vessel has on board any thing to which this Act or the regulations apply or any document, record or data relating to the administration of this Act or the regulations may, in Canadian waters or the exclusive economic zone of Canada, board the vessel at any reasonable time and travel on it.

• Marginal note:Accommodation

  (1.3) A game officer and every person acting under their direction and control who travels on a vessel shall be carried free of charge, and the master shall provide them with suitable accommodation and food free of charge.

• Marginal note:Stopping and detaining conveyances

  (2) A game officer may, at any reasonable time, direct that a 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 a conveyance.

• Marginal note:Dwelling-place

  (3) The game officer may not enter a dwelling-place except with the consent of the person in charge or control of the dwelling-place or under the authority of a warrant.

• Marginal note:Inspection warrant — dwelling place

  (4) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing a game officer to enter a dwelling-place, 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 the administration of this Act or the regulations;

  • (c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused; and

  • (d) all reasonable attempts have been made to notify the owner or person in charge or control of the dwelling-place.

• Marginal note:Inspection warrant — non-dwellings

  (5) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing a game officer to enter a place other than a dwelling-place, 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 place;

  • (b) entry to the place is necessary for the administration of this Act or the regulations;

  • (c) entry to the place has been refused, there are reasonable grounds to believe that entry will be refused, the game officer is not able to enter without the use of force or the place is abandoned; and

  • (d) all reasonable attempts have been made to notify the owner, operator or person in charge or control of the place.

• Marginal note:Waiving notice

  (6) The justice may waive the requirement to give notice under paragraph (4)(d) or (5)(d) if the justice is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge or control is absent from the justice’s jurisdiction, or that it is not in the public interest to give the notice.

• Marginal note:Person under direction and control

  (7) A person who is acting under a game officer’s direction and control may accompany a game officer who is inspecting a place under this section, may enter the place and may exercise any of the powers referred to in paragraphs (1)(b) to (c.4).

• Marginal note:Use of force

  (8) A game officer may not use force in executing a warrant under this section unless the warrant specifically authorizes the use of force.

• Marginal note:Exclusive economic zone

  (9) Every power that may be exercised in Canada under this section may be exercised in the exclusive economic zone of Canada.

• Marginal note:Consent

  (10) The consent of the Minister is required for the exercise of any power under this section in the exclusive economic zone of Canada in relation to a foreign vessel. However, for greater certainty, the consent of the Attorney General of Canada is not required.