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An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment (S.C. 2009, c. 14)

Assented to 2009-06-18

Marginal note:1999, c. 33

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

52. Subsection 159(3) of the Canadian Environmental Protection Act, 1999 is replaced by the following:

  • Marginal note:Detention of vehicles or engines

    (3) The Minister may not detain any vehicle, engine, equipment or component for more than 90 days after completion of the tests conducted under subsection (2) unless, before that time, proceedings have been instituted in respect of an offence related to the vehicle, engine, equipment or component, in which case it may be detained until the proceedings are concluded.

53. The Act is amended by adding the following after section 217:

Marginal note:Immunity

217.1 Enforcement officers and analysts are not personally liable for anything they do or omit to do in good faith while carrying out duties or exercising powers under this Act, including any failure to exercise a discretionary authority.

  • 54. (1) Subsection 218(7) of the Act is replaced by the following:

    • Marginal note:Stopping and detaining conveyances

      (7) For the purposes of this Act and the regulations, an enforcement officer may, at any reasonable time, direct that any conveyance be stopped — or be moved by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out — and the officer may, for a reasonable time, detain any conveyance, platform or other structure.

    • Marginal note:Moving and detaining shipping containers

      (7.1) For the purposes of this Act and the regulations, an enforcement officer may, at any reasonable time, direct that any shipping container be moved to a place specified by the officer and the officer may, for a reasonable time, detain the container.

  • (2) Subsection 218(11) of the Act is replaced by the following:

    • Marginal note:Disposition of samples

      (11) An enforcement officer may dispose a sample taken under paragraph (10)(d) in any manner that the enforcement officer considers appropriate.

55. Subsection 220(2) of the Act is replaced by the following:

  • Marginal note:Warrant for seizure of ships, etc.

    (2) If on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that an offence under this Act has been committed by an owner of any ship, aircraft, platform or other structure, the justice may issue a warrant authorizing an enforcement officer, or authorizing any other person named in the warrant, to seize the ship, aircraft, platform or structure anywhere in Canada and, in the case of a ship, platform or structure, within Canadian waters.