GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Antarctic Environmental Protection Act — A-11.44 37
Detention 37 (1) An enforcement officer may make a detention order in respect of a Canadian vessel, or any other vessel in Canada, if the enforcement officer has reasonable grounds to believe that (a) the vessel has committed an offence under this Act; or (b) an authorized representative of the Canadian vessel or of the other vessel, or the master of the Canadian vessel, has committed an offence under this Act and that the vessel was used in connection with the commission of the offence. Order in writing (2) The detention order shall be in writing and be addressed to all persons at any port in Canada where the vessel to which the order relates is or will be who are empowered to give a clearance in respect of the vessel. Notice of detention order (3) Notice of the detention order shall be served on the master of the vessel in respect of which the order is made. Duty of authorized representative or master (4) If the notice has been served on the master of the vessel, the authorized representative or master of the vessel shall not give an order for the vessel to go into an area of the sea referred to in paragraph 122(2)(f) or (g) of the Canadian Environmental Protection Act, 1999 during the term of the detention order. Duty of persons empowered to give clearance (5) Subject to subsection (6), no person to whom a detention order is addressed shall, after notice of the order is received by the person, give clearance in respect of the vessel to which the order relates. When clearance given (6) A person to whom a detention order is addressed and who has received notice of the order may give clearance in respect of the vessel to which the order relates if (a) the vessel or the authorized representative or master of the vessel, as the case may be, (i) has not, within 30 days after the day on which the order was made, been charged with the offence that gave rise to the order, or (ii) has, within 30 days after the day on which the order was made, been charged with that offence and appears in Canada to answer to the charge; (b) security for payment of the maximum fine that might be imposed as a result of a conviction of the vessel or the person charged with that offence and of costs related to proceedings in connection with the charge, or security for payment of any lesser amount that is approved by the Minister or a person designated by the Minister for the purpose, is given to Her Majesty in right of Canada; or (c) proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued. Foreign state to be notified (7) If a vessel to which a detention order relates is registered in a foreign state, that state is to be notified that the order was made. 2003, c. 20, s. 37; 2009, c. 14, s. 8
Antarctic Environmental Protection Act — A-11.44 37.01
Power to direct 37.01 An enforcement officer may direct a Canadian vessel, or any other vessel in Canada, 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 officer has reasonable grounds to believe that (a) the vessel is committing, has committed or is about to commit an offence under this Act; or (b) a person on board the vessel is committing, has committed or is about to commit such an offence and the vessel was, is being or is about to be used in connection with the commission of the offence. 2009, c. 14, s. 9
Antarctic Environmental Protection Act — A-11.44 37.02
Meaning of order 37.02 For the purpose of sections 37.03 to 37.12, order means an environmental protection compliance order issued under section 37.03. 2009, c. 14, s. 9
Antarctic Environmental Protection Act — A-11.44 37.04
Exigent circumstances 37.04 (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 37.03. Meaning of exigent circumstances (2) For greater certainty, exigent circumstances includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 37.03(4) would result in danger to human life or the environment. 2009, c. 14, s. 9
Antarctic Environmental Protection Act — A-11.44 37.05
Notice of intent 37.05 (1) Except in exigent circumstances, an enforcement officer shall, whenever practicable, before issuing an order, (a) provide every person who will be subject to the order with an oral or written notice of the officer’s intention to issue it; and (b) allow a reasonable opportunity in the circumstances for the person to make oral representations. Contents of notice of intent (2) The notice of intent to issue the order must include (a) a statement of the purpose of the notice; (b) a reference to the statutory authority under which the order is to be issued; and (c) a statement that the party notified may make oral representations to the enforcement officer within the period stated in the notice. 2009, c. 14, s. 9
Antarctic Environmental Protection Act — A-11.44 37.06
Compliance with order 37.06 (1) A person to whom an order is directed shall, immediately on receipt of the order or a copy of it or on being directed by an enforcement officer in an order given orally under subsection 37.04(1), comply with the order. No bar to proceedings (2) The issuance of or compliance with an order in respect of a person’s alleged contravention of this Act or the regulations is not a bar to any proceedings against the person under this or any other Act in relation to the alleged contravention. 2009, c. 14, s. 9
Antarctic Environmental Protection Act — A-11.44 37.07
Intervention by enforcement officer 37.07 (1) If a person to whom an order is directed fails to take any measures specified in the order, an enforcement officer may take the measures or cause them to be taken. Access to property (2) An enforcement officer or other person authorized or required by an enforcement officer to take measures under subsection (1) may enter and have access to any place or property and may do any reasonable thing that may be necessary in the circumstances. Personal liability (3) Any person, other than a person described in paragraph 37.03(2)(a) or (b), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized or required by an enforcement officer under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith. 2009, c. 14, s. 9
Antarctic Environmental Protection Act — A-11.44 37.08
Recovery of reasonable costs and expenses by Her Majesty 37.08 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to any measures taken under subsection 37.07(1) from any person referred to in paragraph 37.03(2)(a) to the extent of the person’s negligence in causing or contributing to the alleged contravention. Costs must have been reasonably incurred (2) The costs and expenses may only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances. Liability (3) The persons referred to in subsection (1) are jointly and severally, or solidarily, liable for the costs and expenses referred to in that subsection. Procedure (4) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken in the name of Her Majesty in right of Canada in any court of competent jurisdiction. Recourse or indemnity (5) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person. Limitation period (6) If events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted more than five years after the day on which the events occur or become evident to the Minister, whichever is later. Minister’s certificate (7) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document is to be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof. 2009, c. 14, s. 9
Antarctic Environmental Protection Act — A-11.44 37.09
Request for review 37.09 (1) Any person to whom an order is directed may, by notice in writing given to the Environmental Protection Tribunal of Canada within 30 days after the day on which the person receives a copy of the written order or after the oral order is given, make a request to the Environmental Protection Tribunal of Canada for a review of the order. Extension of period for request (2) The Chairperson of the Environmental Protection Tribunal of Canada, or any member of the Tribunal that they may designate, may extend the period within which a request for a review may be made if, in their opinion, it is in the public interest to do so. 2009, c. 14, s. 9 2026, c. 3, s. 534 2026, c. 3, s. 548
Antarctic Environmental Protection Act — A-11.44 37.1
Variation or cancellation of order 37.1 (1) At any time before the Environmental Protection Tribunal of Canada receives a notice requesting a review of an order, the enforcement officer may, after giving reasonable notice, (a) amend or suspend a term or condition of the order, or add a term or condition to, or delete a term or condition from, the order; (b) cancel the order; (c) correct a clerical error in the order; or (d) extend the duration of the order for a period of not more than 180 days less the number of days that have passed since the day on which the order was received by the person who is subject to it. Notice of intent (2) Except in exigent circumstances, an enforcement officer shall, whenever practicable, before exercising a power under paragraph (1)(a) or (d), (a) provide every person who will be subject to the order with an oral or written notice of the officer’s intention to exercise the power; and (b) allow a reasonable opportunity in the circumstances for the person to make oral representations. Contents of notice of intent (3) The notice of intent to exercise a power under paragraph (1)(a) must include (a) a statement of the purpose of the notice; (b) a reference to the statutory authority under which the power is to be exercised; and (c) a statement that the party notified may make oral representations to the enforcement officer within the period stated in the notice. 2009, c. 14, s. 9 2026, c. 3, s. 535
Antarctic Environmental Protection Act — A-11.44 37.11
Regulations 37.11 The Minister may make regulations (a) prescribing the form of reporting to enforcement officers under subparagraph 37.03(3)(f)(ii) and specifying the information required to be contained in or to accompany the report; and (b) of either particular or general application, respecting representations made to enforcement officers under paragraph 37.05(1)(b) or 37.1(2)(b). 2009, c. 14, s. 9
Antarctic Environmental Protection Act — A-11.44 37.12
Review 37.12 Sections 257 to 271 of the Canadian Environmental Protection Act, 1999 apply, with any modifications that the circumstances require, to a review requested of any order. 2009, c. 14, s. 9
Antarctic Environmental Protection Act — A-11.44 38
Right of passage 38 An enforcement officer, analyst or any other person may, while carrying out their functions under this Act, enter on and pass through or over private property without being liable for exercising that power or without the owner of the property having the right to object to that use of the property.
Antarctic Environmental Protection Act — A-11.44 39
Assistance 39 The owner or the person in charge of a place entered by an enforcement officer or analyst under section 32, and every person found in the place, shall (a) give the enforcement officer or analyst all reasonable assistance to enable the officer or analyst to carry out their functions under this Act; and (b) provide the enforcement officer or analyst with any information with respect to the administration of this Act that the enforcement officer or analyst may reasonably require.
Antarctic Environmental Protection Act — A-11.44 40
Forfeiture on consent 40 (1) If an enforcement officer has seized a thing under section 32 or subsection 35(1) and the owner or person who was in lawful possession of it at the time of the seizure consents in writing at the request of the enforcement officer to its forfeiture, it is forfeited to Her Majesty in right of Canada. Disposal or destruction (2) The Minister may dispose of or destroy a thing forfeited under subsection (1) and, if the Minister so directs, the costs of the disposal or destruction shall be paid by the owner or the person who was in lawful possession of the thing at the time it was seized.
Antarctic Environmental Protection Act — A-11.44 41
Forfeiture by order of court 41 (1) Subject to sections 42 and 43, if a person is convicted of an offence under this Act and anything seized under section 32 or subsection 35(1) is then being detained, (a) the thing is, on the conviction and in addition to any punishment imposed for the offence, forfeited to Her Majesty in right of Canada if the court so directs, in which case (i) the Minister may dispose of or destroy the thing, and (ii) the costs of the forfeiture and disposal or destruction shall be paid by the offender; or (b) the thing shall, on the expiry of the period for taking an appeal from the conviction or on the final conclusion of the proceedings, be restored to the person from whom it was seized or to any other person entitled to its possession on any conditions that may be imposed by order of the court and that, in the opinion of the court, are necessary to avoid the commission of a further offence under this Act. Things deemed not to have been seized (2) For the purpose of subsection (1), anything released from detention under paragraph 35(4)(a) or (b) is deemed not to have been seized under section 32 or subsection 35(1).
Antarctic Environmental Protection Act — A-11.44 42
Court may order forfeiture 42 If the authorized representative of a Canadian vessel or the registered owner of a Canadian aircraft has been convicted of an offence under this Act, the convicting court may, if the vessel or aircraft was seized under section 32 or subsection 35(1), in addition to any other penalty imposed, order that the vessel or aircraft, or any security given under subsection 34(1) be forfeited, and on the making of the order, the vessel or aircraft or security is forfeited to Her Majesty in right of Canada.
Antarctic Environmental Protection Act — A-11.44 43
Disposal of forfeited vessel, aircraft, etc. 43 (1) If proceedings referred to in subsection 34(2) are instituted within the period referred to in that subsection and, at the final conclusion of those proceedings, any vessel or aircraft, or any security given under subsection 34(1), is ordered to be forfeited, it may be disposed of as the Governor in Council directs. Return of seized vessel, etc., where no forfeiture ordered (2) If a thing has been seized under section 32 and proceedings referred to in subsection (1) are instituted, but the thing is not, at the final conclusion of the proceedings, ordered to be forfeited, it must be returned to the person from whom it was seized, the proceeds of any sale of the cargo under subsection 33(3) must be paid to that person and any security given to the Minister under subsection 34(1) must be returned to that person. Exception (3) If, at the conclusion of proceedings referred to in subsection (1), the person from whom the thing was seized is convicted of an offence arising out of a contravention of this Act or the regulations, the thing and any cargo or the proceeds or security may be retained until the fine is paid, or the thing and any cargo may be sold under execution in satisfaction of the fine, or the proceeds realized from the sale of the cargo or the security or any part of the cargo or security may be applied in payment of the fine.
Antarctic Environmental Protection Act — A-11.44 44
Application by person claiming interest 44 (1) If a thing has been ordered to be forfeited under this Act, any person, other than a person who was a party to the proceedings that resulted in the order, who claims a right or an interest in the thing as owner, holder of a security established on property or other right in rem or holder of any other claim under Canadian law may, within 30 days after the day on which the thing is ordered to be forfeited, apply by notice in writing to the Federal Court for an order under subsection (5). Date of hearing (2) The Federal Court must fix a day for the hearing of the application. Notice (3) An applicant for an order under subsection (5) must, at least 30 days before the day fixed under subsection (2), serve a notice of the application and of the hearing on the Minister and on all other persons claiming a right or an interest in the thing that is the subject-matter of the application as owner, holder of a security established on property or other right in rem or holder of any other claim under Canadian law of whom the applicant has knowledge. Notice of intervention (4) Each person, other than the Minister, who is served with a notice under subsection (3) and who intends to appear at the hearing of the application to which the notice relates must, at least 10 days before the day fixed for the hearing, file a notice of intervention in the Registry of the Federal Court and serve a copy of the notice on the Minister and on the applicant. Order declaring nature and extent of interests (5) If, on the hearing of an application under this section, the Federal Court is satisfied that the applicant, or the intervenors, if any, or any of them, (a) is innocent of any complicity in any conduct that caused the thing to be subject to forfeiture and of any collusion in relation to any such conduct, and (b) exercised all reasonable care in respect of the persons permitted to obtain possession and use of the thing so as to be satisfied that it was not likely to be used contrary to the provisions of this Act or, in the case of a holder of a security established on property, other than the holder of a maritime lien or statutory right in rem , that the applicant or intervenor exercised such care with respect to the person who gave the property as security, those of the applicant and the intervenors in respect of whom the Court is so satisfied are entitled to an order declaring that their rights or interests are not affected by the forfeiture and declaring the nature and extent of each of their rights or interests and the ranking among them. Additional order (6) If an order is made under subsection (5), the Court may, in addition, order that the thing to which the rights or interests relate be delivered to one or more of the persons found to have a right or an interest in it or that an amount equal to the value of each of the interests so declared be paid to the persons found to have those interests.
Antarctic Environmental Protection Act — A-11.44 44.1
Liability for costs 44.1 If a thing is seized under this Act, the person who owned the thing at the time it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any. 2009, c. 14, s. 10
Antarctic Environmental Protection Act — A-11.44 45
Designation of inspectors 45 (1) The Minister may designate as an inspector, for the purpose of this Act or any provision of this Act, any person or any member of a class of persons who, in the Minister’s opinion, is qualified to be so designated. Limits (2) The Minister may, including on the request of the Minister of Foreign Affairs, limit the powers that may be exercised by an inspector under this Act. Production of certificate (3) The Minister must provide every inspector with a certificate of designation that includes any limits specified under subsection (2). On entering any place, the inspector must, if so requested, produce the certificate to the person in charge of the place.
Antarctic Environmental Protection Act — A-11.44 46
Powers of inspectors 46 (1) Subject to subsections (2) and (6), for the purposes of this Act, an inspector may, at any reasonable time, enter any place in the Antarctic in which the inspector believes, on reasonable grounds, there is anything to which this Act applies or any document relating to its administration. Dwelling-houses (2) An inspector may not enter a dwelling-house without the consent of the occupant. Stopping and detaining conveyances (3) For the purposes of this Act, an inspector may, at any reasonable time, direct that any of the following be moved to a place where an inspection can be carried out and may, for a reasonable time, detain any of the following: (a) a Canadian vessel or Canadian aircraft in the Antarctic; or (b) any other conveyance in the Antarctic that is owned by a Canadian except a vessel or aircraft that is not a Canadian vessel or Canadian aircraft. Powers in relation to vessels, etc. (4) Subject to subsection (2), for the purposes of this Act, an inspector may, at any reasonable time, (a) board a Canadian vessel or Canadian aircraft in the Antarctic; or (b) travel on the vessel or aircraft. Powers of inspectors (5) In carrying out an inspection of a place under this section, an inspector may exercise any of the powers referred to in subsections 30(9), (11) and (12). Foreign ownership (6) An inspector may not exercise any powers under this section in respect of any station, installation, equipment, platform anchored at sea, shipping container or conveyance (other than a Canadian vessel or Canadian aircraft) that is owned by a person who is not a Canadian unless the inspector first obtains the consent of the person in charge of the station, installation, equipment, platform, container or conveyance. Analysts (7) An analyst may, for the purposes of this Act, accompany an inspector who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the inspector, enter the place and exercise any of the powers referred to in subsection (5). Assistance (8) The owner of a place or a Canadian or permit holder in charge of a place being inspected under this section, and every Canadian or permit holder found in the place, shall (a) give the inspector or analyst all reasonable assistance to enable the inspector or analyst to carry out their functions under this Act; and (b) provide the inspector or analyst with any information with respect to the administration of this Act that he or she may reasonably require.
Antarctic Environmental Protection Act — A-11.44 46.1
Immunity 46.1 Inspectors are not personally liable for anything they do or omit to do in good faith under this Act. 2009, c. 14, s. 11
Antarctic Environmental Protection Act — A-11.44 47
Production of documents and samples 47 (1) The Minister may, for the purposes of this Act, by registered letter or by a demand served personally, require any Canadian, or any permit holder, who is in Canada or the Antarctic, within any reasonable time and in any reasonable manner that may be stipulated in the letter or demand, (a) to produce at a place specified by the Minister any sample taken in the Antarctic or any document; or (b) to conduct any tests in the Antarctic or take any measurements or samples there. Compliance (2) A person who is required to do anything under subsection (1) shall, despite any other law to the contrary, comply with the requirement.