Fisheries Act — F-14 38
Power to designate 38 (1) The Minister may designate persons or classes of persons as inspectors for the purposes of the administration and enforcement of this Act and may limit in any manner he or she considers appropriate the powers that an inspector may exercise under this Act. Certificate to be produced (2) The Minister shall provide every inspector with a certificate of designation and on entering any place or premises referred to in subsection (3) an inspector shall, if so required, show the certificate to the person in charge. Authority to enter (3) An inspector may, for a purpose related to verifying compliance with this Act, enter any place or premises, including a vehicle or vessel — other than a private dwelling-place or any part of any place or premises, including a vehicle or vessel, used as a permanent or temporary private dwelling-place — in which the inspector believes on reasonable grounds that (a) there is anything that is detrimental to fish habitat; or (b) there has been carried on, is being carried on or is likely to be carried on any work, undertaking or activity resulting or likely to result in (i) the death of fish, (i.1) the harmful alteration, disruption or destruction of fish habitat, or (ii) the deposit of a substance in water frequented by fish or in any place under any conditions where the substance or any other substance that results from the deposit of the substance may enter any such water. Powers on entry (3.1) The inspector may, for a purpose related to verifying compliance with this Act, examine any substance or product in the place or premises, take samples of it and conduct tests and measurements. (3.2) to (3.5) [Repealed, 2012, c. 19, s. 145] Duty to notify — death of fish (4) Every person shall without delay notify an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations of the death of fish that is not authorized under this Act, or of a serious and imminent danger of such occurrence, if the person at any material time (a) owns or has the charge, management or control of the work, undertaking or activity that resulted in the occurrence or the danger of the occurrence; or (b) causes or contributes to the occurrence or the danger of the occurrence. Duty to notify — harmful alteration, disruption or destruction of fish habitat (4.1) Every person shall without delay notify an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations of a harmful alteration, disruption or destruction of fish habitat that is not authorized under this Act, or of a serious and imminent danger of such an occurrence, if the person at any material time (a) owns or has the charge, management or control of the work, undertaking or activity that resulted in the occurrence or the danger of the occurrence; or (b) causes or contributes to the occurrence or the danger of the occurrence. Duty to notify — deleterious substance (5) If there occurs a deposit of a deleterious substance in water frequented by fish that is not authorized under this Act, or if there is a serious and imminent danger of such an occurrence, and detriment to fish habitat or fish or to the use by humans of fish results or may reasonably be expected to result from the occurrence, then every person shall without delay notify an inspector, a fishery officer, a fishery guardian or an authority prescribed by the regulations if the person at any material time (a) owns or has the charge, management or control of (i) the deleterious substance, or (ii) the work, undertaking or activity that resulted in the deposit or the danger of the deposit; or (b) causes or contributes to the occurrence or the danger of the occurrence. Duty to take corrective measures (6) Any person described in paragraph (4)(a) or (b), (4.1)(a) or (b) or (5)(a) or (b) shall, as soon as feasible, take all reasonable measures consistent with public safety and with the conservation and protection of fish and fish ha