Canadian Navigable Waters Act

Marginal note:Authority to enter

• 34 (1) A person who is designated to verify compliance or prevent non-compliance with this Act and any regulation or order may, for that purpose, at any reasonable time, enter a work, vessel or swing or draw bridge, or enter any other place in which they have reasonable grounds to believe the following items are located:

  • (a) a work or anything related to a work;

  • (b) a wreck, vessel, part of a vessel or other thing that obstructs or impedes navigation or renders it more difficult or dangerous, or that is likely to do so;

  • (c) a ferry cable or swing or draw bridge, or anything related to one.

• Marginal note:Certification

  (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.

• Marginal note:Powers

  (3) The designated person may, for the purposes referred to in subsection (1),

  • (a) examine anything that is found 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; and

  • (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.

• 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.