Species at Risk Act (S.C. 2002, c. 29)

Marginal note:Inspections

• 86 (1) For the purpose of ensuring compliance with any provision of this Act, the regulations or an emergency order, an enforcement officer may, subject to subsection (3), at any reasonable time enter and inspect any place in which the enforcement officer believes, on reasonable grounds, there is any thing to which the provision applies or any document relating to its administration, and the enforcement officer may

  • (a) open or cause to be opened any container that the enforcement officer believes, on reasonable grounds, contains that 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; and

  • (d) seize any thing by means of or in relation to which the enforcement officer believes, on reasonable grounds, the provision has been contravened or that the enforcement officer believes, on reasonable grounds, will provide evidence of a contravention.

• Marginal note:Conveyance

  (2) For the purposes of carrying out the inspection, the enforcement officer may stop a conveyance or direct that it be moved to a place where the inspection can be carried out.

• Marginal note:Dwelling-place

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

• Marginal note:Authority to issue warrant for inspection of dwelling-place

  (4) On an ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant, subject to any conditions specified in it, authorizing an enforcement officer to enter a dwelling-place, 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 purposes of the administration of this Act, the regulations or an emergency order; 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 for inspection of non-dwellings

  (5) On an ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant, subject to any conditions specified in it, authorizing an enforcement officer to enter a place other than a dwelling-place, 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 that place is necessary for the purposes of the administration of this Act, the regulations or an emergency order;

  • (c) entry to that place has been refused, the enforcement officer is not able to enter without the use of force or the place was abandoned; and

  • (d) subject to subsection (6), all reasonable attempts were made to notify the owner, operator or person in charge of the place.

• Marginal note:Waiving notice

  (6) The justice may waive the requirement to give notice referred to in subsection (5) if the justice 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

  (7) In executing a warrant issued under subsection (4) or (5), an enforcement officer may not use force unless the use of force has been specifically authorized in the warrant.

• Marginal note:Operation of computer system and copying equipment

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

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

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

  • (c) take a printout or other output for examination or copying; and

  • (d) use or cause to be used any copying equipment at the place to make copies of the record.

• Marginal note:Duty of person in possession or control

  (9) Every person who is in possession or control of a place being inspected under this section must permit the enforcement officer to do anything referred to in subsection (8).