An Act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999 (S.C. 2005, c. 23)
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Assented to 2005-05-19
30. Section 217 of the Act is amended by adding the following after subsection (3):
Marginal note:Powers in exclusive economic zone
(4) Every power — including arrest, entry, search and seizure — that may be exercised in Canada in respect of an offence under this Act or the Criminal Code may, in respect of an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division, or in respect of an offence under the Criminal Code that is committed in the course of enforcement of this Act, be exercised in an area of the sea referred to in paragraph 122(2)(c) if the offence was committed in that area of the sea.
Marginal note:Exercising powers in cases of hot pursuit
(5) The powers referred to in subsection (4) may be exercised in an area of the sea referred to in paragraph 122(2)(g) if hot pursuit has been commenced in Canada or in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) and (g).
Marginal note:When consent of Attorney General of Canada required
(6) The powers referred to in subsection (4) may not be exercised under that subsection or subsection (5) in relation to a ship that is not a Canadian ship, or to a foreign national who is on board such a ship, without the consent of the Attorney General of Canada.
31. (1) Paragraph 218(8)(a) of the Act is replaced by the following:
(a) board any ship, platform or other structure in an area of the sea referred to in any of paragraphs 122(2)(a) to (e), or any aircraft in Canada, if the enforcement officer believes on reasonable grounds that the ship, platform or other structure or aircraft has on board a substance to be disposed of at sea; and
(2) Subsection 218(9) of the Act is replaced by the following:
Marginal note:Enforcement officer and analyst to receive accommodation
(9) An enforcement officer who travels on a ship, aircraft, platform or other structure under paragraph (8)(b), and any analyst who accompanies the enforcement officer, shall be carried free of charge to and from the disposal site, and the person in command of the ship or aircraft or in charge of the platform or structure shall provide the enforcement officer and analyst with suitable accommodation and food free of charge.
(3) Section 218 of the Act is amended by adding the following after subsection (14):
Marginal note:Inspections in exclusive economic zone
(15) For the purpose of verifying compliance with Division 3 of Part 7 and regulations made under that Division, subsections (1) to (14) also apply in respect of a place in an area of the sea referred to in paragraph 122(2)(c).
Marginal note:Consent of Minister required
(16) The consent of the Minister is required for the exercise in an area of the sea referred to in paragraph 122(2)(c) of any power under this section in relation to a ship that is not a Canadian ship.
Marginal note:Consent of Attorney General not required
(17) For greater certainty, the consent of the Attorney General of Canada is not required for the exercise of any power under this section in relation to a ship that is not a Canadian ship.
32. (1) Section 220 of the Act is amended by adding the following after subsection (5):
Marginal note:Exception in relation to ships that are not Canadian ships
(5.1) Despite subsection (4), an enforcement officer may exercise the powers described in subsection (3) without a warrant in relation to a ship that is not a Canadian ship if
(a) the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant; and
(b) the Attorney General of Canada has consented to the exercise of the powers without a warrant.
(2) Section 220 of the Act is amended by adding the following after subsection (7):
Marginal note:Accommodation
(8) A person who is exercising powers described in subsection (3) on a ship, an aircraft, a platform or other structure shall be carried free of charge, and the person in command of the ship or aircraft or in charge of the platform or other structure shall provide the person exercising those powers with suitable accommodation and food free of charge.
33. The Act is amended by adding the following after section 222:
Arrest Without Warrant
Marginal note:Arrest without warrant
222.1 An enforcement officer may arrest without warrant a person or ship that the enforcement officer believes, on reasonable grounds, has committed an offence against this Act or the regulations, or that the enforcement officer finds committing or about to commit an offence against this Act or the regulations.
34. (1) Subsection 225(3) of the Act is replaced by the following:
Marginal note:Service of detention order
(3) A detention order made under subsection (1) in respect of a ship shall be served
(a) by delivering the order to the master of the ship; or
(b) if service cannot reasonably be effected in the manner provided for in paragraph (a), by leaving the order with the person being or appearing to be in command or charge of the ship or, if there is no such person, by placing the order on a conspicuous part of the ship.
Marginal note:Foreign state to be notified
(3.1) If a ship in respect of which a detention order is made under subsection (1) is registered in a foreign state, that state is to be notified that the order was made.
(2) Paragraph 225(6)(b) of the Act is replaced by the following:
(b) if the alleged offence involves the contravention of Division 3 of Part 7 or of any regulation made under that Division, 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 the person or ship charged with that offence and of costs related to proceedings in connection with the charge or charges, or payment of any lesser amount that is approved by the Attorney General of Canada;
(b.1) if the alleged offence involves the contravention of this Act or the regulations, other than a contravention referred to in paragraph (b), Her Majesty in right of Canada is given security for payment of the maximum fine that might be imposed as a result of a conviction of the person charged with that offence and of costs related to proceedings in connection with the charge, or payment of any lesser amount that is approved by the Minister or a person designated by the Minister for the purpose; or
35. The Act is amended by adding the following after section 225:
Direction of Ships
Marginal note:Power to direct ship
225.1 (1) An enforcement officer may direct a ship that is in an area of the sea referred to in any of paragraphs 122(2)(a) to (d) and (g) to proceed, by the route and in the manner that the enforcement officer may specify, to any place specified by the enforcement officer if the enforcement officer has reasonable grounds to believe that
(a) the ship is committing, has committed or is about to commit in an area of the sea referred to in any of paragraphs 122(2)(a) to (d) an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division; or
(b) a person on board the ship is committing, has committed or is about to commit such an offence in such an area and the ship was, is being or is about to be used in connection with the commission of the offence.
Marginal note:Power to direct ship
(2) If a ship is in an area of the sea referred to in paragraph 122(2)(f), an enforcement officer may, with the consent of the foreign state that has jurisdiction in that area, direct the ship to proceed, by the route and in the manner that the enforcement officer may specify, to any place specified by the enforcement officer if the enforcement officer has reasonable grounds to believe that
(a) the ship is committing, has committed or is about to commit in an area of the sea referred to in any of paragraphs 122(2)(a) to (d) an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division; or
(b) a person on board the ship is committing, has committed or is about to commit such an offence in such an area and the ship was, is being or is about to be used in connection with the commission of the offence.
36. The Act is amended by adding the following after section 271:
Acts Committed Outside Canada
Marginal note:Offences under this Act deemed committed in Canada
271.1 (1) An act or omission that is an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division is deemed to have been committed in Canada if it is committed
(a) in an area of the sea referred to in paragraph 122(2)(c); or
(b) in an area of the sea referred to in paragraph 122(2)(g) in the course of hot pursuit that commenced while a ship was in an area of the sea referred to in any paragraphs 122(2)(a) to (e).
Marginal note:Offences under the Criminal Code deemed committed in Canada
(2) An act or omission that is committed in the course of enforcement of this Act and that would be an offence under the Criminal Code if it were committed in Canada, is deemed to have been committed in Canada if it is committed
(a) in an area of the sea referred to in paragraph 122(2)(c); or
(b) in an area of the sea referred to in paragraph 122(2)(g) in the course of hot pursuit that commenced while a ship was in an area of the sea referred to in any paragraphs 122(2)(a) to (e).
37. Section 272 of the Act is amended by adding the following after subsection (2):
Marginal note:Application in respect of ships
(3) For the purposes of this section, a ship is deemed to be a person in respect of every provision of this Act or the regulations that expressly applies to ships.
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