Canadian Navigable Waters Act

Marginal note:Authority to enter

• 34 (1) Subject to subsection 36(1), a designated person may, for a purpose related to verifying compliance with this Act, enter a place, including an obstruction, work or vessel, in which they have reasonable grounds to believe that an activity regulated under this Act is conducted or an item to which this Act applies, or any information relating to such an activity or item, is located.

• Marginal note:Certification

  (2) On entering a place, the designated person shall, on request, produce to the person in charge of the place a certification in the form established by the Minister attesting to the designation.

• Marginal note:Powers

  (3) The designated person may, for the purposes referred to in subsection (1),

  • (a) examine the place and anything in the place;

  • (b) remove any document or other thing from the place for examination or, in the case of a document, copying;

  • (c) direct any person to put into operation or cease operating any work, vessel or other conveyance, machinery or equipment in the place;

  • (d) prohibit or limit access to the place for as long as specified;

  • (e) take photographs and make video recordings and sketches;

  • (f) 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;

  • (g) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying;

  • (h) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents; and

  • (i) order any person in the place to establish their identity to the designated person’s satisfaction.

• Marginal note:Persons accompanying designated person

  (3.1) The designated person may be accompanied by any person that they consider necessary to help them exercise their powers or perform their duties or functions under this section.

• Marginal note:Entry — private property

  (4) The designated person, in carrying out their functions under this section, and a person accompanying them may enter on and pass through or over private property without being liable for doing so.