Marginal note:Designation of inspectors
84. (1) The federal Minister may designate qualified persons as inspectors for the purposes of this Part so far as it relates to uses of land.
Marginal note:Certificate to be produced
(2) The federal Minister shall furnish every inspector with a certificate of designation, which the inspector shall produce at the request of a person in charge of any place entered by the inspector.
Marginal note:Inspections of land
85. (1) For the purpose of determining whether the regulations or the conditions of a permit are being complied with, an inspector may
(a) enter, at any reasonable time, any place on land owned or occupied by a permittee to which the permit relates, and conduct such inspections as the inspector considers necessary; and
(b) take such samples in that place as the inspector considers necessary and examine and make copies of any books, records or documents found there that the inspector believes, on reasonable grounds, contain any information relating to the use of land.
Marginal note:Notice to first nation
(2) Where the inspector considers it reasonable to do so, an inspector shall give the Gwich’in or Sahtu First Nation prior notice of entry by the inspector on its first nation lands.
Marginal note:Notice to Tlicho Government
(2.1) An inspector shall, if it is reasonable to do so, give the Tlicho Government prior notice of entry by the inspector on Tlicho lands.
Marginal note:Exception for dwelling-place
(3) An inspector may not enter any place designed to be used and being used as a permanent or temporary private dwelling-place.
- 1998, c. 25, s. 85;
- 2005, c. 1, s. 48.
Marginal note:Inspector’s order — adverse effects of land use
86. (1) Where an inspector has reasonable grounds to believe that a permitted use of land has resulted in or is likely to result in an adverse effect on the environment, the inspector may, in accordance with the regulations, order the permittee in writing to take such measures as the inspector considers reasonable to mitigate, remedy or prevent the adverse effect.
Marginal note:Inspector’s order — contravention
(2) Where an inspector has reasonable grounds to believe that a permittee is contravening the regulations or the conditions of a permit, the inspector may, in accordance with the regulations, order the permittee in writing to take such measures as the inspector considers reasonable in order to prevent the contravention from continuing.
Marginal note:Failure to take measures
(3) Where a permittee fails to take measures ordered under subsection (1) or (2), the inspector may take those measures and, for that purpose, may enter any place other than a place designed to be used and being used as a permanent or temporary private dwelling-place.
Marginal note:Recovery of Her Majesty’s costs
(4) Any portion of the reasonable costs incurred by Her Majesty in right of Canada in the taking of measures pursuant to subsection (3) constitutes a debt due to Her Majesty recoverable from the permittee in a court of competent jurisdiction or by recourse to any security posted under section 71.
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