An Act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999 (S.C. 2005, c. 23)
Full Document:
Assented to 2005-05-19
6. (1) The portion of subsection 7(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Inspections
7. (1) For the purpose of verifying compliance with this Act and the regulations, a game officer may, subject to subsection (3), at any reasonable time, enter and inspect any place, including a vessel, in which they believe, on reasonable grounds, there is any thing to which this Act or the regulations apply or any document, record or data relating to the administration of this Act or the regulations, and the game officer may
(2) Subsection 7(1) of the Act is amended by striking out the word “and” at the end of paragraph (c) and by adding the following after paragraph (c):
(c.1) 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;
(c.2) reproduce or cause to be reproduced any record from the data in the form of a printout or other intelligible output;
(c.3) take a printout or other output for inspection or copying;
(c.4) use or cause to be used any copying equipment at the place to make copies of the record or document; and
(3) Subsections 7(2) to (4) of the Act are replaced by the following:
Marginal note:Duty of person in charge or control
(1.1) Every person who is in charge or control of a place that is inspected under this section shall permit a game officer and every person acting under their direction and control to do anything referred to in paragraphs (1)(c.1) to (c.4).
Marginal note:Entry of vessels
(1.2) Subject to subsection (3), for the purpose of verifying compliance with this Act and the regulations, a game officer who believes on reasonable grounds that a vessel has on board any thing to which this Act or the regulations apply or any document, record or data relating to the administration of this Act or the regulations may, in Canadian waters or the exclusive economic zone of Canada, board the vessel at any reasonable time and travel on it.
Marginal note:Accommodation
(1.3) A game officer and every person acting under their direction and control who travels on a vessel shall be carried free of charge, and the master shall provide them with suitable accommodation and food free of charge.
Marginal note:Stopping and detaining conveyances
(2) A game officer may, at any reasonable time, direct that a conveyance be stopped or be moved to a place where an inspection can be carried out and may, for a reasonable time, detain a conveyance.
Marginal note:Dwelling-place
(3) The game officer may not enter a dwelling-place except with the consent of the person in charge or control of the dwelling-place or under the authority of a warrant.
Marginal note:Inspection warrant — dwelling place
(4) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing a game officer to enter a dwelling-place, subject to any conditions specified in the warrant, 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 administration of this Act or the regulations;
(c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused; and
(d) all reasonable attempts have been made to notify the owner or person in charge or control of the dwelling-place.
Marginal note:Inspection warrant — non-dwellings
(5) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing a game officer to enter a place other than a dwelling-place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that
(a) the conditions for entry described in subsection (1) exist in relation to the place;
(b) entry to the place is necessary for the administration of this Act or the regulations;
(c) entry to the place has been refused, there are reasonable grounds to believe that entry will be refused, the game officer is not able to enter without the use of force or the place is abandoned; and
(d) all reasonable attempts have been made to notify the owner, operator or person in charge or control of the place.
Marginal note:Waiving notice
(6) The justice may waive the requirement to give notice under paragraph (4)(d) or (5)(d) if the justice is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge or control is absent from the justice’s jurisdiction, or that it is not in the public interest to give the notice.
Marginal note:Person under direction and control
(7) A person who is acting under a game officer’s direction and control may accompany a game officer who is inspecting a place under this section, may enter the place and may exercise any of the powers referred to in paragraphs (1)(b) to (c.4).
Marginal note:Use of force
(8) A game officer may not use force in executing a warrant under this section unless the warrant specifically authorizes the use of force.
Marginal note:Exclusive economic zone
(9) Every power that may be exercised in Canada under this section may be exercised in the exclusive economic zone of Canada.
Marginal note:Consent
(10) The consent of the Minister is required for the exercise of any power under this section in the exclusive economic zone of Canada in relation to a foreign vessel. However, for greater certainty, the consent of the Attorney General of Canada is not required.
7. Section 8 of the Act is replaced by the following:
Marginal note:Search and seizure without warrant
8. For the purpose of ensuring compliance with this Act and the regulations, a game officer may exercise the powers of search and seizure provided in section 487 of the Criminal Code without a search warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be feasible to obtain it.
Marginal note:Powers of direction and detention of vessels
8.1 (1) A game officer may direct a vessel to any place in Canadian waters or the exclusive economic zone of Canada or make a detention order in relation to a vessel or do both, if they have reasonable grounds to believe that the vessel or a person on board the vessel has committed, is committing or is about to commit an offence under section 5.1 in Canadian waters and that the vessel was, is being or is about to be used in connection with the commission of the offence.
Marginal note:Powers of direction and detention of vessels
(2) A game officer may direct a vessel to any place in Canadian waters or the exclusive economic zone of Canada or make a detention order in relation to a vessel or do both, if they have reasonable grounds to believe that
(a) the vessel or a person on board the vessel has committed, is committing or is about to commit an offence under section 5.1 in the exclusive economic zone of Canada and the vessel was, is being or is about to be used in connection with the commission of the offence; and
(b) commission of the offence will cause major damage to the environment, or an actual threat of major damage to the environment, in Canada or in the exclusive economic zone of Canada.
Marginal note:Major damage
(3) For greater certainty, the deposit of a substance in contravention of section 5.1 that, together with other deposits made in contravention of that section by one or more persons or vessels, has a cumulative or aggregate effect may cause major damage to the environment.
Marginal note:Order in writing
(4) A detention order shall be in writing and be addressed to every person at the place identified in the order who is empowered to give a clearance to the vessel.
Marginal note:Service of order
(5) Notice of the detention order shall be served by delivering a copy of the notice personally to the master or, if service cannot reasonably be effected personally, by posting a copy of the notice on a conspicuous part of the vessel.
Marginal note:Duty of operator of vessel
(6) Once notice of the detention order is served, no master, owner or operator of the vessel shall order the vessel to contravene the order.
Marginal note:Duty of persons empowered to give clearance
(7) Subject to subsection (8), no person who has received notice of the detention order shall give clearance to the vessel to which the order relates.
Marginal note:When clearance may be given
(8) A person who has received notice of the detention order may give clearance to the vessel to which the order relates if
(a) neither the vessel nor any person is charged with the offence that gave rise to the making of the order within 30 days after the day on which the order is made;
(b) within 30 days after the day on which the order is made, the vessel or a person is charged with the offence and every accused has appeared in Canada to answer to the charge;
(c) Her Majesty in right of Canada is given security, in a form determined by the Attorney General of Canada, for payment of the maximum fine that might be imposed as a result of a conviction of every accused and costs that might be incurred in proceedings in connection with the charge or charges, or payment of any lesser amount that is approved by the Attorney General of Canada;
(d) all proceedings in respect of the offence that gave rise to the making of the order are discontinued; or
(e) the order is rescinded by a game officer.
Marginal note:Consent of Attorney General of Canada
(9) The powers to direct and detain a vessel may not be exercised in the exclusive economic zone of Canada in relation to a foreign vessel without the consent of the Attorney General of Canada.
Marginal note:Foreign state to be notified
(10) If a vessel to which a detention order relates is registered in a foreign state, that state is to be notified that the order was made.
Marginal note:Right of passage
8.2 A person who is engaged in carrying out duties or functions under this Act and any person acting under their direction and control may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.
Marginal note:Assistance
8.3 An owner, operator or person in charge or control of a place entered by a game officer under this Act, and every person found in the place, shall
(a) give the game officer and every person under their direction and control all reasonable assistance to enable the game officer to carry out their duties and functions under this Act; and
(b) provide the game officer and every person under their direction and control with any information relating to the administration of this Act and the regulations that the game officer may reasonably require.
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