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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:2002, c. 18

CANADA NATIONAL MARINE CONSERVATION AREAS ACT

  • 20. (1) Paragraph 16(1)(a) of the French version of the Canada National Marine Conservation Areas Act is replaced by the following:

    • a) la protection des écosystèmes et de leurs composantes;

  • (2) Subsection 16(1) of the Act is amended by striking out “and” at the end of paragraph (l), by adding “and” at the end of paragraph (m) and by adding the following after paragraph (m):

    • (n) designating provisions of the regulations for the purpose of subsection 24(1).

21. Sections 20 and 21 of the Act are replaced by the following:

Marginal note:Contraventions Act

  • 19.1 (1) The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or by an aboriginal government for the purpose of the enforcement of this Act or the regulations with respect to offences that have been designated as contraventions under the Contraventions Act.

  • Marginal note:Limitations regarding designations

    (2) The Minister may specify that a designation is in respect of one or more marine conservation areas or in respect of all or specified offences under this Act that have been designated as contraventions under the Contraventions Act.

Marginal note:Certificate of designation and oath

  • 20. (1) Every marine conservation area warden, enforcement officer and person designated under section 19.1 shall be provided with a certificate of designation in a form approved by the Minister and shall take and subscribe an oath prescribed by the Minister.

  • Marginal note:Limitations must be specified

    (2) The certificate must specify the limitations, if any, to which the designation is subject.

Marginal note:Right of passage

20.1 In the discharge of their duties, marine conservation area wardens and enforcement officers and any persons accompanying them 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:Immunity

20.2 Marine conservation area wardens and enforcement officers are not personally liable for anything they do or omit to do in good faith under this Act.

Marginal note:Arrest without warrant

21. A marine conservation area warden or enforcement officer may, in accordance with the Criminal Code, arrest without warrant any person

  • (a) whom the warden or officer finds committing an offence under this Act; or

  • (b) who the warden or officer believes, on reasonable grounds, has committed or is about to commit an offence under this Act.