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

Act current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

PART 10Enforcement (continued)

Detention (continued)

Marginal note:Application to extend period of detention

  •  (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

  •  (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.

  • 1999, c. 33, s. 225
  • 2005, c. 23, s. 34
  • 2009, c. 14, s. 57

Direction of Ships

Marginal note:Power to direct ship

  •  (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.

  • 2005, c. 23, s. 35

Assistance to Enforcement Officers and Analysts

Marginal note:Right of passage

 While carrying out powers, duties or functions under this Act, enforcement officers and analysts, 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.

  • 1999, c. 33, s. 226
  • 2009, c. 14, s. 58

Marginal note:Assistance

 The owner or the person in charge of a place entered by an enforcement officer or analyst under section 218 or 220, and every person found in the place, shall

  • (a) give the enforcement officer or analyst all reasonable assistance to enable them to carry out duties and functions under this Act; and

  • (b) provide the enforcement officer or analyst with any information with respect to the administration of this Act and the regulations that the enforcement officer or analyst may reasonably require.

Marginal note:Obstruction

 While an enforcement officer or analyst is exercising powers or carrying out duties and functions under this Act, no person shall

  • (a) knowingly make any false or misleading statement, either orally or in writing, to them; or

  • (b) otherwise obstruct or hinder them.

 
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