PART IIOceans Management Strategy (continued)
Designation of Marine Protected Areas (continued)
Marginal note:Powers, duties and functions
35.2 The Governor in Council and the Minister shall not use lack of scientific certainty regarding the risks posed by any activity that may be carried out in certain areas of the sea as a reason to postpone or refrain from exercising their powers or performing their duties and functions under subsection 35(3) or 35.1(2).
- 2019, c. 8, s. 5
Marginal note:Recommendation of Minister
Marginal note:Repeal of Minister’s order
(2) The Governor in Council may repeal the order if the Governor in Council makes a regulation referred to in paragraph (1)(a).
- 2019, c. 8, s. 5
Marginal note:Interim marine protected areas in emergency situations
36 (1) The Governor in Council, on the recommendation of the Minister, may make orders exercising any power under section 35 on an emergency basis, where the Minister is of the opinion that a marine resource or habitat is or is likely to be at risk to the extent that such orders are not inconsistent with a land claims agreement that has been given effect and has been ratified or approved by an Act of Parliament.
Marginal note:Exemption from Statutory Instruments Act
Marginal note:Temporary effect
(3) An order made under this section that is not repealed ceases to have effect 90 days after it is made.
(4) In the event of any inconsistency between an order made under subsection (1) and an order made under subsection 35.1(2), the order made under subsection (1) prevails to the extent of the inconsistency.
- 1996, ch. 31, art. 36
- 2019, c. 8, s. 6
37 [Repealed, 2019, c. 8, s. 7]
38 [Repealed, 2019, c. 8, s. 7]
Administration and Enforcement
Marginal note:Enforcement officers
Marginal note:Designation of provincial government employees
(2) The Minister may not designate any person or class of persons employed by the government of a province unless that government agrees.
Marginal note:Certificate of designation
(3) Every enforcement officer must be provided with a certificate of designation as an enforcement officer in a form approved by the Minister and, on entering any place under this Act, the officer shall, if so requested, show the certificate to the occupant or person in charge of the place.
Marginal note:Powers of peace officers
(4) For the purposes of this Act and the regulations, enforcement officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any person or class of persons.
Marginal note:Exemptions for law enforcement activities
(5) For the purpose of investigations and other law enforcement activities under this Act, the Minister may, on any terms and conditions the Minister considers necessary, exempt enforcement officers who are carrying out duties or functions under this Act, and persons acting under their direction and control, from the application of any provision of this Act or the regulations.
(6) When an enforcement officer is carrying out duties or functions under this Act or the regulations, no person shall
- 1996, c. 31, s. 39
- 2019, c. 8, s. 8
Enforcement Officer’s Powers
39.1 (1) For a purpose related to verifying compliance or preventing non-compliance with this Act and the regulations, an enforcement officer may enter and inspect any place, including any conveyance, in which the enforcement officer has reasonable grounds to believe, that there is any thing to which this Act or the regulations apply or any book, record, electronic data or other document relating to the application of this Act or the regulations, and the enforcement officer may, for that purpose,
(a) open or cause to be opened any container that the enforcement officer has reasonable grounds to believe contains that thing, book, record, electronic data or other document;
(b) examine the thing and take samples free of charge;
(c) require any person to produce the book, record, electronic data or other document for examination or copying, in whole or in part;
(d) use or cause to be used any computer system or data processing system at the place being inspected to examine any data contained in, or available to, the system;
(e) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and
(f) use or cause to be used any copying equipment at the place being inspected to make copies of any book, record, electronic data or other document.
Marginal note:Disposition of samples
(1.1) An enforcement officer may dispose of a sample taken under paragraph (1)(b) in any manner that the officer considers appropriate.
(1.2) For the purposes of subsection (1), the enforcement officer may seize any thing that the enforcement officer has reasonable grounds to believe
(1.3) The owner or the person in charge of the place, and every person found in the place, shall
(a) give the enforcement officer all assistance that is reasonably required to enable the officer to exercise their powers or to perform their duties or functions under this section; and
(b) provide the enforcement officer with any information or any book, record, electronic data or other document, and access to any data, that are reasonably required for that purpose.
(2) For the purposes of carrying out the inspection, the enforcement officer may stop a conveyance or direct that it be moved to any place, including in Canadian waters or the exclusive economic zone of Canada, where the inspection can be carried out.
Marginal note:Passage through private property
(2.1) An enforcement officer and any person accompanying them may enter and pass through private property, other than a dwelling-place, in order to gain entry to a place referred to in subsection (1). For greater certainty, neither person is liable for doing so.
Marginal note:Passage through private property by authorized person
(2.2) A person acting under the direction and control of an enforcement officer may, for the purposes of exercising the officer’s powers or performing the officer’s duties and functions under this section, enter and pass through private property, other than a dwelling-place, in order to gain entry to a marine protected area. For greater certainty, the person is not liable for doing so.
(3) The enforcement officer may not enter a dwelling-place except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant.
(a) the conditions for entry described in subsection (1) exist in relation to a dwelling-place,
(b) entry to the dwelling-place is necessary in relation to the administration of this Act or the regulations, and
(c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused,
the justice may issue a warrant authorizing the enforcement officer to enter the dwelling-place subject to any conditions that may be specified in the warrant.
- 1996, c. 31, s. 39.1
- 2019, c. 8, s. 10
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