Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Marginal note:Custody

• 221 (1) Any thing seized under section 220 shall be delivered into the custody of any person that the Minister directs.

• Marginal note:Discharge of cargo

  (2) Where a thing seized under section 220 has cargo on board, the cargo may be discharged, under the supervision of

  • (a) the enforcement officer or other person by whom the thing was seized, or

  • (b) the person into whose custody the thing was delivered in accordance with subsection (1),

  at the place in Canada that is capable of receiving the cargo and that is nearest to the place of seizure, or at any other place that is satisfactory to the enforcement officer or other person supervising the discharge of the cargo.

• Marginal note:Sale of perishable cargo

  (3) Where a thing seized under section 220 has cargo on board that is perishable,

  • (a) the enforcement officer or other person by whom the thing was seized, or

  • (b) the person into whose custody the thing was delivered in accordance with subsection (1)

  may sell the cargo or the portion of it that is perishable, as the case may be, and the proceeds of the sale shall be paid to the Receiver General or shall be deposited in a bank to the credit of the Receiver General.

• Marginal note:Order for delivery of cargo

  (4) The owner of any cargo of anything seized under section 220 may apply to the Federal Court for an order requiring any person who has custody of the cargo or the proceeds of any sale thereof to deliver the cargo or the proceeds of sale to the owner, and the Court may make such an order where it is satisfied that the applicant is the owner of the cargo to which the application relates.

Marginal note:Redelivery on deposit of security

• 222 (1) Where a thing has been seized under section 220, the Federal Court may, with the consent of the Minister, order redelivery of the thing or delivery of the proceeds realized from a sale of any perishable cargo under subsection 221(3) to the person from whom the thing was seized if security in the form of a bond in an amount and form satisfactory to the Minister is given to the Minister.

• Marginal note:Seized ship, etc., to be returned unless proceedings instituted

  (2) Anything referred to in subsection (1) that has been seized under section 220, or any security given to the Minister under subsection (1), shall be returned or paid to the person from whom the thing was seized within 30 days after the seizure unless, before the expiry of those 30 days, proceedings are instituted in respect of an offence under this Act alleged to have been committed by the owner of the thing.

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.

Detention

Marginal note:Seizure

• 223 (1) Whenever, during the course of an inspection or a search, an enforcement officer has reasonable grounds to believe that a provision of this Act or the regulations has been contravened, the enforcement officer may seize and detain anything

  • (a) by means of or in relation to which the enforcement officer reasonably believes the contravention occurred; or

  • (b) that the enforcement officer reasonably believes will afford evidence of the contravention.

• Marginal note:Limitation

  (2) An enforcement officer shall not seize anything under subsection (1) unless the thing is required as evidence or for purposes of analysis or the enforcement officer is of the opinion that the seizure is necessary in the public interest.

• Marginal note:Notice of contravention

  (3) An enforcement officer who has seized and detained a thing under subsection (1) shall, as soon as is practicable, advise the person in whose possession it was at the time of the seizure of the provision of this Act or the regulations that the enforcement officer believes has been contravened.

• Marginal note:Detention and release

  (4) Anything seized under subsection (1) or section 220, other than a ship, aircraft, platform or other structure, shall not be detained

  • (a) after the owner of the thing or the person in whose possession it was at the time of the seizure applies to the enforcement officer or to the Minister for its release and the enforcement officer or the Minister is satisfied that it is not necessary in the public interest to continue to detain the thing or that it is not required as evidence or for purposes of analysis; or

  • (b) after the expiry of 90 days after the day of seizure, unless before that time

    • (i) the thing has been forfeited under section 229,

    • (ii) proceedings have been instituted in respect of the contravention in relation to which the thing was seized, in which case it may be detained until the proceedings are finally concluded, or

    • (iii) the Minister has served or made reasonable efforts to serve notice of an application for an order extending the time during which the thing may be detained in accordance with section 224.

• Marginal note:Storage of seized thing

  (5) A thing seized by an enforcement officer under subsection (1) or section 220, other than a ship, aircraft, platform or other structure, shall be kept or stored in the place where it was seized except if

  • (a) in the opinion of the enforcement officer,

    • (i) it is not in the public interest to do so, or

    • (ii) the thing seized, or a sample of it, is required as evidence and removal and storage of the thing seized is necessary to ensure that the thing or sample will be available as evidence in any related proceedings, or

  • (b) the person in whose possession it was at the time of the seizure or the person entitled to possession of the place requests the enforcement officer to have it removed to some other place,

  in which case it may be removed to and stored in any other place at the direction of or with the concurrence of an enforcement officer and at the expense of the person who requested that it be so removed.

• Marginal note:Interference with seized thing

  (6) Unless authorized by an enforcement officer, no person shall remove, alter or interfere in any way with anything seized and detained by an enforcement officer under subsection (1) or section 220, but an enforcement officer shall, at the request of the person from whom it was seized, allow that person or any person authorized by that person to examine it and, where practicable, furnish a sample or copy of it to that person.

Marginal note:Application to extend period of detention

• 224 (1) Where proceedings have not been instituted in respect of the contravention in relation to which a thing was seized under section 220 or subsection 223(1), the Minister may, before the expiry of 90 days after the day of the seizure and on serving prior notice in accordance with subsection (2) on the owner of the thing or on the person who at the time of the seizure was in possession of it, apply to a provincial court judge, as defined in section 2 of the Criminal Code, within whose territorial jurisdiction the seizure was made for an order extending the time during which it may be detained.

• Marginal note:Notice

  (2) A notice shall be served by personal service at least five clear days before the day on which the application is to be made to the provincial court judge or by registered mail at least seven clear days before that day and shall specify

  • (a) the provincial court in which the application is to be made;

  • (b) the place where and the time when the application is to be heard;

  • (c) the thing seized in respect of which the application is to be made; and

  • (d) the grounds on which the Minister intends to rely to show why there should be an extension of the time during which the thing seized may be detained.

• Marginal note:Order of extension granted

  (3) Where, on the hearing of an application made under subsection (1), the judge is satisfied that the thing seized should continue to be detained, the judge shall order

  • (a) that the thing be detained for any additional period and on any conditions relating to the detention for that additional period that the judge considers proper; and

  • (b) on the expiry of the additional period, that the thing be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of the additional period, an event referred to in subparagraph 223(4)(b)(i), (ii) or (iii) has occurred.

• Marginal note:Order of extension refused

  (4) Where, on the hearing of an application made under subsection (1), the judge is not satisfied that the thing seized should continue to be detained, the judge shall order that, on the expiry of 90 days after the day of the seizure, it be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of the 90 days, an event referred to in subparagraph 223(4)(b)(i) or (ii) has occurred.

Detention of Ships

Marginal note:Detention of ships

• 225 (1) If an enforcement officer has reasonable grounds to believe that the owner or master of a ship has committed an offence under this Act and that a ship was used in connection with the commission of the offence, the enforcement officer may make a detention order in respect of the ship.

• Marginal note:Order in writing

  (2) A detention order made under subsection (1) shall be in writing and be addressed to all persons at any port in Canada where the ship to which the order relates is or will be who are empowered to give a clearance in respect of the ship.

• 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.

• Marginal note:Duty of owner or master of ship

  (4) Where notice of a detention order made under subsection (1) has been served on the master of the ship, the owner or master of the ship shall not give an order for the ship to go into an area of the sea referred to in paragraph 122(2)(f) or (g) during the term of the detention order.

• Marginal note:Duty of persons empowered to give clearance

  (5) Subject to subsection (6), no person to whom a detention order made under subsection (1) is addressed shall, after notice of the order is received by the person, give clearance in respect of the ship to which the order relates.

• Marginal note:When clearance given

  (6) A person to whom a detention order made under subsection (1) is addressed and who has received notice of the order may give clearance in respect of the ship to which the order relates where

  • (a) the owner or master of the ship

    • (i) has not, within 30 days after the order was made, been charged with the offence that gave rise to the making of the order, or

    • (ii) has, within 30 days after the order was made, been charged with that offence and appears in Canada to answer to the charge;

  • (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

  • (c) proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued.

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.