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Impact Assessment Act (S.C. 2019, c. 28, s. 1)

Full Document:  

Act current to 2022-06-20 and last amended on 2019-08-28. Previous Versions

Administration and Enforcement (continued)

Powers (continued)

Marginal note:Warrant for dwelling-house

  •  (1) If the place is a dwelling-house, the enforcement officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, and authorizing any analyst named in the warrant to accompany the enforcement officer, if the justice is satisfied by information on oath that

    • (a) the dwelling-house is a place referred to in subsection 122(1);

    • (b) entry to the dwelling-house is necessary for any of the purposes of that subsection; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

  • Marginal note:Use of force

    (3) In executing a warrant to enter a dwelling-house, an enforcement officer or analyst may use force only if the use of force has been specifically authorized in the warrant and the enforcement officer or analyst is accompanied by a peace officer.

Marginal note:Entry on private property

  •  (1) For the purpose of gaining entry to a place referred to in subsection 122(1), an enforcement officer and analyst may enter private property and pass through it, and are not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.

  • Marginal note:Person accompanying

    (2) A person may, at an enforcement officer or analyst’s request, accompany them to assist them to gain entry to the place referred to in subsection 122(1) and is not liable for doing so.

Marginal note:Production of documents

  •  (1) An enforcement officer may, for the purpose of verifying compliance or preventing non-compliance with this Act, including an injunction ordered under section 140, require any person to produce at a place specified by the enforcement officer, within any reasonable time and in the manner specified, any books, records, electronic data or other documents that the enforcement officer believes on reasonable grounds contain any information relevant to the administration of this Act.

  • Marginal note:Proof of delivery

    (2) The enforcement officer must make the request by a means that provides a record of delivery.

  • Marginal note:Compliance

    (3) Any person who is required to produce anything under subsection (1) must, despite any other law to the contrary, do so as required.

Notice of Non-compliance

Marginal note:Issuance

  •  (1) If an enforcement officer believes on reasonable grounds that a person or entity has contravened this Act, they may issue a notice of non-compliance to that person or entity.

  • Marginal note:Contents of notice

    (2) The notice must be made in writing and must set out

    • (a) the name of the person or entity to whom it is directed;

    • (b) the provision of this Act or the regulations, or the condition established under section 64, amended under subsection 68(1) or added to a decision statement under that subsection, that is alleged to have been contravened;

    • (c) the relevant facts surrounding the alleged contravention; and

    • (d) a statement that the person or entity may provide comments in response to the notice and the time within which they may do so.

Orders

Marginal note:Measures required

  •  (1) If an enforcement officer believes on reasonable grounds that there is or is likely to be a contravention of this Act, they may, among other things, order a person or entity to

    • (a) stop doing something that is or is likely to be in contravention of this Act or cause it to be stopped; or

    • (b) take any measure that is necessary in order to comply with this Act or to mitigate the effects of non-compliance.

  • Marginal note:Contents of order

    (2) Subject to section 128, the order must be made in writing and must set out

    • (a) the name of the person or entity to whom it is directed;

    • (b) the provision of this Act or the regulations, or the condition established under section 64 or added or amended under section 68, that is alleged to have been or that is likely to be contravened;

    • (c) the relevant facts surrounding the alleged contravention;

    • (d) the measures to be taken;

    • (e) the time or the day when each measure is to begin or the period during which it is to be carried out;

    • (f) the duration of the order;

    • (g) a statement that the person or entity may provide comments to the enforcement officer in response to the order; and

    • (h) a statement that a request for a review may be made to the President of the Agency and the time period for doing so.

  • Marginal note:Variation or cancellation of order

    (3) The enforcement officer may, after giving reasonable notice to all persons or entities named in the order, and so long as the President of the Agency has not received a notice requesting a review of the order,

    • (a) amend or suspend a condition of the order, add a condition to it or delete a condition from it;

    • (b) cancel the order;

    • (c) correct a clerical error in the order; or

    • (d) extend the order’s duration.

Marginal note:Exigent circumstances

  •  (1) In the case of exigent circumstances, an order may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 127.

  • Marginal note:For greater certainty

    (2) For greater certainty, exigent circumstances includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 127(2) would likely result in danger to the environment, human life or health or public safety.

Marginal note:Duty to comply with order

  •  (1) Any person or entity to whom an order is given under section 127 or 128 must comply with the order.

  • Marginal note:Measures taken by enforcement officer

    (2) If the person or entity does not comply with the order within the time specified, the enforcement officer may, on their own initiative and at that person or entity’s expense, carry out the measure required.

Review of Orders

Marginal note:Request for review

  •  (1) Any person or entity to whom an order is given under section 127 or 128 may, by notice in writing given to the President of the Agency within 30 days after the day on which the person or entity receives a copy of the order, make a request to the President for a review of the order.

  • Marginal note:Extension of period for request

    (2) The President of the Agency may extend the period within which a request for a review may be made if, in the President’s opinion, it is in the public interest to do so.

Marginal note:Review

 On receipt of a request made under subsection 130(1), the President of the Agency must designate an individual as a review officer to review the order.

Marginal note:No automatic stay on review

  •  (1) Subject to subsection (2), the request for a review of an order does not suspend the operation of an order.

  • Marginal note:Suspension on application

    (2) A review officer may, on application made by a person or entity to whom an order is given, suspend the operation of the order if the review officer considers it appropriate and, in that case, impose on all persons or entities subject to the order conditions that are reasonable in the circumstances and consistent with the protection of the environment, human life or health or public safety.

  • Marginal note:Duration of suspension

    (3) If the operation of an order is suspended under subsection (2), the period for which the order is issued is suspended until the review is completed.

Marginal note:Evidence

  •  (1) A review officer may order any person to give evidence in writing or produce any documents and things that the review officer considers relevant for the purpose of performing any of their functions.

  • Marginal note:Enforcement of orders

    (2) Any order made under subsection (1) may be made an order of the Federal Court or of the superior court of a province and is enforceable in the same manner as an order of that court.

  • Marginal note:Procedure

    (3) An order made under subsection (1) may be made an order of the Federal Court or of the superior court of a province by following the usual practice and procedure of the court in such matters, or by filing a certified copy of the order with the registrar of the court.

Marginal note:Powers of review officer

 A review officer, after considering the order under review and giving all persons or entities who are subject to it a reasonable opportunity to make representations, may

  • (a) confirm or cancel the order;

  • (b) amend or suspend a condition of the order, add a condition to it or delete a condition from it; or

  • (c) extend the order’s duration.

Marginal note:Decision

  •  (1) A review officer must render a written decision, with reasons, and provide all persons or entities to whom the order was given and the President of the Agency with a copy of the decision and the reasons.

  • Marginal note:Duty to comply with revised order

    (2) Any person or entity that is subject to an order confirmed or varied under section 134 must comply with the order.

Marginal note:Immunity

 No action or other proceeding of a civil nature may be brought against a review officer in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties or functions under this Act.

Marginal note:Rules

 The Agency may make rules

  • (a) governing the practice and procedure for the review of orders;

  • (b) generally, respecting the work of review officers; and

  • (c) for preventing trade secrets and information described in section 20 of the Access to Information Act from being disclosed or made public as a result of their being used as evidence before a review officer.

Federal Court

Marginal note:Appeal to Federal Court

 The Minister or any person or entity to whom an order, as confirmed or varied by a review officer, is directed may, by filing a written notice of appeal within 30 days after the day on which the written reasons are provided by the review officer under section 135, appeal to the Federal Court from the review officer’s decision.

Marginal note:Order not suspended

 The filing of a notice of appeal under section 138 does not suspend the operation of an order, as confirmed or varied by a review officer.

Injunctions

Marginal note:Court’s power

  •  (1) If, on the Minister’s application, it appears to a court of competent jurisdiction that a person or entity has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering the person or entity who is named in the application to

    • (a) refrain from doing an act that, in the court’s opinion, may constitute or be directed toward the commission of the offence; or

    • (b) do an act that, in the court’s opinion, may prevent the commission of the offence.

  • Marginal note:Notice

    (2) No injunction is to be issued under subsection (1) unless 48 hours’ notice is served on the party or parties who are named in the application or unless the urgency of the situation is such that service of notice would not be in the public interest.

Voluntary Reports

Marginal note:Voluntary reports

  •  (1) If a person has knowledge of the commission or reasonable likelihood of the commission of an offence under this Act, but is not required to report the matter under this Act, the person may report any information relating to the offence or likely offence to an enforcement officer or the Agency.

  • Marginal note:Request for confidentiality

    (2) The person making the report may request that their identity, and any information that may reveal their identity, not be disclosed.

  • Marginal note:Due diligence

    (3) An enforcement officer and the Agency must exercise all due diligence to not disclose the identity of a person who makes a request under subsection (2) or any information that may reveal their identity.

  • Marginal note:Prohibition

    (4) A person not referred to in subsection (3), or an entity, must not disclose the identity of a person who makes a request under subsection (2) or any information that may reveal that person’s identity unless that person authorizes the disclosure in writing.

  • Marginal note:Employee protection

    (5) Despite any other Act of Parliament, an employer must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, with the intent to retaliate against the employee because the employee has

    • (a) made a report under subsection (1);

    • (b) acting in good faith and on the basis of reasonable belief, refused or stated an intention of refusing to do anything that is an offence under this Act; or

    • (c) acting in good faith and on the basis of reasonable belief, done or stated an intention of doing anything that is required to be done by or under this Act.

Prohibitions and Offences

Marginal note:Obstruction

 A person or entity must not obstruct or hinder an enforcement officer or analyst who is exercising their powers or performing their duties or functions under this Act.

Marginal note:False statements or information

 A person or entity must not make a false or misleading statement or provide false or misleading information in connection with any matter under this Act to any person who is exercising their powers or performing their duties or functions under this Act.

Marginal note:Offences

  •  (1) Every person or entity commits an offence that

    • (a) contravenes section 7, subsection 122(5), 125(3), 129(1), 135(2) or 141(4) or (5) or section 142 or 143;

    • (b) contravenes a condition established under subsection 64(2) or added or amended under section 68 with which the person or entity must comply; or

    • (c) omits to provide to the Minister information required to be provided under subsection 72(1).

  • Marginal note:Penalty — individuals

    (2) Every individual who commits an offence under subsection (1) is liable on summary conviction

    • (a) for a first offence, to a fine of not less than $5,000 and not more than $300,000; and

    • (b) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000.

  • Marginal note:Penalty — small revenue corporations or entities

    (3) Every corporation or entity that commits an offence under subsection (1) and that the court determines under section 145 to be a small revenue corporation or entity is liable on summary conviction

    • (a) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000; and

    • (b) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

  • Marginal note:Penalty — other corporations or entities

    (4) Every corporation or entity, other than a corporation or entity referred to in subsection (3), that commits an offence under subsection (1) is liable on summary conviction

    • (a) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000; and

    • (b) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.

 
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