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.

5. [Repealed, 2009, c. 14, s. 91]

6. [Repealed, 2009, c. 14, s. 91]

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 as defined in the treaty relating to boundary waters and questions arising between Canada and the United States signed at Washington on January 11, 1909; 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.

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.