Regulations, Orders, Incorporation by Reference and Interim Orders (continued)
Incorporation by Reference
Marginal note:Incorporation by reference
(2) The Minister shall ensure that any document that is incorporated by reference in the regulation or order is accessible.
(3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation or order is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.
Marginal note:No registration or publication
(4) For greater certainty, a document that is incorporated by reference in the regulation or order is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
- R.S., 1985, c. N-22, s. 30
- 2009, c. 2, s. 338
- 2012, c. 31, s. 321
31 [Repealed, 2009, c. 2, s. 339]
Marginal note:Interim orders
32 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to safety or security.
Marginal note:Cessation of effect
(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
(a) 14 days after it is made, unless it is approved by the Governor in Council,
(b) the day on which it is repealed,
(c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and
(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Marginal note:Contravention of unpublished order
(3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Marginal note:Exemption from Statutory Instruments Act
(4) An interim order
(5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
Marginal note:Tabling of order
(6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.
Marginal note:House not sitting
(7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.
- 2004, c. 15, s. 96
- 2012, c. 31, s. 322
Administration and Enforcement
33 The Minister may designate persons or classes of persons for the purposes of the administration and enforcement of this Act.
- 2009, c. 2, s. 340
- 2012, c. 31, s. 323
Marginal note:Authority to enter
34 (1) Subject to subsection 36(1), a designated person may, for a purpose related to verifying compliance with this Act, enter a place, including an obstruction, work or vessel, in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or an item to which this Act applies, or any information relating to such an activity or item, is located.
(2) On entering a place, the designated person shall, on request, produce to the person in charge of the place a certification in the form established by the Minister attesting to the designation.
(3) The designated person may, for the purposes referred to in subsection (1),
(a) examine the place and anything in the place;
(b) remove any document or other thing from the place for examination or, in the case of a document, copying;
(c) direct any person to put into operation or cease operating any work, vessel or other conveyance, machinery or equipment in the place;
(d) prohibit or limit access to the place for as long as specified;
(e) take photographs and make video recordings and sketches;
(f) 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;
(g) 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;
(h) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents; and
(i) order any person in the place to establish their identity to the designated person’s satisfaction.
Marginal note:Persons accompanying designated person
(3.1) The designated person may be accompanied by any person that they consider necessary to help them exercise their powers or perform their duties or functions under this section.
Marginal note:Entry — private property
(4) The designated person, in carrying out their functions under this section, and a person accompanying them may enter on and pass through or over private property without being liable for doing so.
- 2009, c. 2, s. 340
- 2012, c. 31, s. 324
- 2019, c. 28, s. 63
Marginal note:Duty to assist
35 The owner or person who is in charge of a place that is entered under subsection 34(1) and every person who is in the place shall
(a) give a designated person who is carrying out their functions under section 34 all reasonable assistance; and
(b) provide them with any information that they may reasonably require.
- 2009, c. 2, s. 340
- 2012, c. 31, s. 325(F)
Marginal note:Warrant for dwelling-house
36 (1) If any place referred to in subsection 34(1) is a dwelling-house, the designated person may not enter it without the consent of the occupant except 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 the person who is named in it to enter a dwelling-house, subject to any conditions that may be 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 34(1);
(b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Act; and
(c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that entry will be refused or consent to entry cannot be obtained from the occupant.
Marginal note:Use of force
(3) In executing a warrant to enter a dwelling-house, a designated person may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.
- 2009, c. 2, s. 340
- 2012, c. 31, s. 326
- 2019, c. 28, s. 64
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