Canada Water Act (R.S.C., 1985, c. C-11)

Marginal note:Powers of inspectors

• 26 (1) An inspector may, at any reasonable time,

  • (a) enter any area, place, premises, vessel or vehicle, other than a private dwelling-place or any part of any such area, place, premises, vessel or vehicle that is designed to be used and is being used as a permanent or temporary private dwelling-place, in which the inspector believes on reasonable grounds that

    • (i) there is any waste that may be or has been added to any waters that have been designated as a water quality management area pursuant to section 11 or 13, or

    • (ii) there is being or has been carried out any manufacturing or other process that may result in or has resulted in waste described in subparagraph (i);

    • (iii) and (iv) [Repealed, R.S., 1985, c. 16 (4th Supp.), s. 142]

  • (b) examine any waste found therein in bulk or open any container found therein that the inspector believes on reasonable grounds contains any waste and take samples thereof; and

  • (c) require any person in that area, place, premises, vehicle or vessel to produce for inspection or for the purpose of obtaining copies thereof or extracts therefrom any books or other documents or papers concerning any matter relevant to the administration of this Act or the regulations.

• Marginal note:Search

  (2) An inspector with a warrant issued under subsection (3) may at any reasonable time enter any area, place, premises, vessel or vehicle in which the inspector believes on reasonable grounds there is any cleaning agent or water conditioner that has been manufactured in Canada or imported into Canada in contravention of section 20 and search the area, place, premises, vessel or vehicle for evidence of the contravention.

• Marginal note:Authority to issue warrant

  (3) Where on ex parte application a justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in any area, place, premises, vessel or vehicle referred to in subsection (2)

  • (a) anything on or in respect of which any contravention of section 20 has been or is suspected to have been committed, or

  • (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of any contravention of section 20,

  the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter and search that area, place, premises, vessel or vehicle subject to such conditions as may be specified in the warrant.

• Marginal note:Use of force

  (4) In executing a warrant issued under subsection (3), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

• Marginal note:Where warrant not necessary

  (5) An inspector may exercise any of the powers referred to in subsection (2) without a warrant issued under subsection (3) if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant.

• Marginal note:Exigent circumstances

  (6) For the purposes of subsection (5), exigent circumstances include circumstances in which the delay necessary to obtain a warrant under subsection (3) would result in danger to human life or safety or the loss or destruction of evidence.

• Marginal note:Assistance to inspectors

  (7) The owner or person in charge of any area, place, premises, vehicle or vessel referred to in this section and every person found therein shall give an inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and the regulations and shall furnish the inspector with such information with respect to the administration of this Act and the regulations as the inspector may reasonably require.

Marginal note:Obstruction of inspector

• 27 (1) No person shall obstruct or hinder an inspector in the carrying out of his duties or functions under this Act or the regulations.

• Marginal note:False statements

  (2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector or other person engaged in carrying out his duties or functions under this Act or the regulations.

Advisory Committees

Marginal note:Establishment and constitution of advisory committees

• 28 (1) The Minister may establish and appoint the members of such advisory committees as the Minister considers desirable for the purpose of advising and assisting him in carrying out the purposes and provisions of this Act.

• Marginal note:Expenses and allowances

  (2) Each member of an advisory committee is entitled to be paid reasonable travel and other expenses while absent from his ordinary place of residence in the course of his duties as a member and may, with the approval of the Minister, be paid such amount as is fixed by the Governor in Council for each day the member attends any meeting of the committee or for each day during which he performs, with the approval of the committee, any duties on behalf of the committee in addition to his ordinary duties.

Public Information Program

Marginal note:Distribution of information

29 The Minister may, either directly or in cooperation with any government, institution or person, publish or otherwise distribute or arrange for the publication or distribution of such information as the Minister deems necessary to inform the public respecting any aspect of the conservation, development or utilization of the water resources of Canada.

Offences and Punishment

Marginal note:Punishment

• 30 (1) Every person who contravenes section 9 is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars for each offence.

• Marginal note:Continuing offences

  (2) Where an offence under subsection (1) is committed on, or continued for, more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

Marginal note:Punishment

31 Every person who contravenes section 27 or any regulation made under paragraph 18(1)(e), (f) or (g) is guilty of an offence punishable on summary conviction.

Marginal note:Order to refrain or to cease activity

32 Where a person is convicted of an offence under this Act, the court may, in addition to any punishment it may impose, order that person to refrain from any further contravention of the provision of this Act or the regulations for the contravention of which that person has been convicted or to cease to carry on any activity specified in the order the carrying on of which, in the opinion of the court, will or is likely to result in any further contravention thereof.

Marginal note:Offence of employee or agent

33 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of, and that all due diligence to prevent its commission was exercised by, the accused.

Marginal note:Limitation period

34 Proceedings in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the time when the subject-matter of the proceedings arose.

Marginal note:Venue

35 Any complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

Marginal note:Action to enjoin not prejudiced by prosecution

• 36 (1) Notwithstanding that a prosecution has been instituted in respect of an offence under subsection 30(1), the Attorney General of Canada may commence and maintain proceedings to enjoin any contravention of section 9.

• Marginal note:Civil remedy not affected

  (2) No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Act.

Evidence

Marginal note:Certificate of analyst

• 37 (1) Subject to subsections (2) and (3), a certificate purporting to be signed by an analyst and stating that the analyst has analyzed or examined a sample submitted to the analyst by an inspector and stating the result of the analysis or examination is admissible in evidence in any prosecution for a contravention of this Act and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

• Marginal note:Attendance of analyst

  (2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

• Marginal note:Notice of intended production of certificate

  (3) No certificate shall be admitted in evidence pursuant to subsection (1) unless the party intending to produce it has given reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced.

Report to Parliament

Marginal note:Annual report

38 The Minister shall, as soon as possible after the end of each fiscal year, prepare a report on the operations under this Act for that year, and the Minister shall cause the report to be laid before Parliament forthwith on the completion thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

Financial

Marginal note:Loans, grants and contributions

39 The Minister may, with the approval of the Governor in Council,

• (a) make loans or pay contributions to any agency in respect of the cost of incorporating the agency or in respect of its operating expenses or make loans to any agency in respect of capital costs incurred by it; and

• (b) in accordance with an agreement entered into under section 5, make loans or pay grants to the government of any province to meet any part of such portion of the cost of programs undertaken pursuant to the agreement as is to be paid by the Minister.