GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31 218
d (10). Operation of computer system and copying equipment (13) In carrying out an inspection of a place under this section, an enforcement officer may (a) use or cause to be used any computer system at the place to examine any data contained in or available to the computer system; (b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output; (c) take a printout or other output for examination or copying; and (d) use or cause to be used any copying equipment at the place to make copies of the record. Duty of person in possession or control (14) Every person who is in possession or control of a place being inspected under this section shall permit the enforcement officer to do anything referred to in subsection (13). Inspections in exclusive economic zone (15) For the purpose of verifying compliance with Division 3 of Part 7 and regulations made under that Division, subsections (1) to (14) also apply in respect of a place in an area of the sea referred to in paragraph 122(2)(c). Consent of Minister required (16) The consent of the Minister is required for the exercise in an area of the sea referred to in paragraph 122(2)(c) of any power under this section in relation to a ship that is not a Canadian ship. Consent of Attorney General not required (17) For greater certainty, the consent of the Attorney General of Canada is not required for the exercise of any power under this section in relation to a ship that is not a Canadian ship. 1999, c. 33, s. 218; 2005, c. 23, s. 31; 2008, c. 31, s. 4; 2009, c. 14, s. 54 2023, c. 12, s. 47
Canadian Environmental Protection Act, 1999 — C-15.31 219
Production of documents and samples 219 (1) The Minister may, for the purposes of this Act and the regulations, by registered letter or by a demand served personally, require any person to produce at a place specified by the Minister anything referred to in paragraph 218(10)(c) or any samples referred to in paragraph 218(10)(d) within any reasonable time and in any reasonable manner that may be stipulated therein. Compliance (2) Any person who is required to produce anything under subsection (1) shall, despite any other law to the contrary, do so as required.
Canadian Environmental Protection Act, 1999 — C-15.31 221
Custody 221 (1) Any thing seized under section 220 shall be delivered into the custody of any person that the Minister directs. Discharge of cargo (2) Where a thing seized under section 220 has cargo on board, the cargo may be discharged, under the supervision of (a) the enforcement officer or other person by whom the thing was seized, or (b) the person into whose custody the thing was delivered in accordance with subsection (1), at the place in Canada that is capable of receiving the cargo and that is nearest to the place of seizure, or at any other place that is satisfactory to the enforcement officer or other person supervising the discharge of the cargo. Sale of perishable cargo (3) Where a thing seized under section 220 has cargo on board that is perishable, (a) the enforcement officer or other person by whom the thing was seized, or (b) the person into whose custody the thing was delivered in accordance with subsection (1) may sell the cargo or the portion of it that is perishable, as the case may be, and the proceeds of the sale shall be paid to the Receiver General or shall be deposited in a bank to the credit of the Receiver General. Order for delivery of cargo (4) The owner of any cargo of anything seized under section 220 may apply to the Federal Court for an order requiring any person who has custody of the cargo or the proceeds of any sale thereof to deliver the cargo or the proceeds of sale to the owner, and the Court may make such an order where it is satisfied that the applicant is the owner of the cargo to which the application relates.
Canadian Environmental Protection Act, 1999 — C-15.31 222
Redelivery on deposit of security 222 (1) Where a thing has been seized under section 220, the Federal Court may, with the consent of the Minister, order redelivery of the thing or delivery of the proceeds realized from a sale of any perishable cargo under subsection 221(3) to the person from whom the thing was seized if security in the form of a bond in an amount and form satisfactory to the Minister is given to the Minister. Seized ship, etc., to be returned unless proceedings instituted (2) Anything referred to in subsection (1) that has been seized under section 220, or any security given to the Minister under subsection (1), shall be returned or paid to the person from whom the thing was seized within 30 days after the seizure unless, before the expiry of those 30 days, proceedings are instituted in respect of an offence under this Act alleged to have been committed by the owner of the thing. 1999, c. 33, s. 222; 2009, c. 14, s. 56
Canadian Environmental Protection Act, 1999 — C-15.31 222.1
Arrest without warrant 222.1 An enforcement officer may arrest without warrant a person or ship that the enforcement officer believes, on reasonable grounds, has committed an offence against this Act or the regulations, or that the enforcement officer finds committing or about to commit an offence against this Act or the regulations. 2005, c. 23, s. 33
Canadian Environmental Protection Act, 1999 — C-15.31 224
Application to extend period of detention 224 (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. 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. 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. 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.
Canadian Environmental Protection Act, 1999 — C-15.31 225.1
Power to direct ship 225.1 (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. 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
Canadian Environmental Protection Act, 1999 — C-15.31 226
Right of passage 226 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
Canadian Environmental Protection Act, 1999 — C-15.31 227
Assistance 227 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.
Canadian Environmental Protection Act, 1999 — C-15.31 228
Obstruction 228 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.
Canadian Environmental Protection Act, 1999 — C-15.31 228.1
Liability for costs 228.1 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. 59
Canadian Environmental Protection Act, 1999 — C-15.31 229
Forfeiture on consent 229 (1) Where an enforcement officer has seized a thing under section 220 or subsection 223(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 thereupon forfeited to Her Majesty in right of Canada. Disposal or destruction (2) The Minister may dispose of or destroy anything 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 it at the time it was seized.
Canadian Environmental Protection Act, 1999 — C-15.31 230
Forfeiture by order of court 230 (1) Subject to sections 231 and 232, where a person is convicted of an offence under this Act and anything seized under section 220 or subsection 223(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 time for taking an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, 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 223(4)(a) or (b) is deemed not to have been seized under section 220 or subsection 223(1).
Canadian Environmental Protection Act, 1999 — C-15.31 231
Court may order forfeiture 231 If the owner of any ship, aircraft, platform or other structure has been convicted of an offence under this Act, the convicting court may, if the ship, aircraft, platform or structure was seized under section 220 or subsection 223(1), in addition to any other penalty imposed, order that the ship, aircraft, platform or structure, or any security given under subsection 222(1), be forfeited, and on the making of such an order the ship, aircraft, platform, structure or security is forfeited to Her Majesty in right of Canada. 1999, c. 33, s. 231; 2009, c. 14, s. 60
Canadian Environmental Protection Act, 1999 — C-15.31 232
Disposal of forfeited ship, aircraft, etc. 232 (1) Where proceedings referred to in subsection 222(2) are instituted within the time provided in that subsection and, at the final conclusion of those proceedings, any ship, aircraft, platform or other structure or any security given under subsection 222(1) is ordered to be forfeited, it may be disposed of as the Governor in Council directs. Return of seized ship, etc., where no forfeiture ordered (2) Where anything has been seized under section 220 and proceedings referred to in subsection 222(2) are instituted, but the thing is not, at the final conclusion of the proceedings, ordered to be forfeited, it shall be returned, the proceeds of any sale of the cargo under subsection 221(3) shall be paid or any security given to the Minister under subsection 222(1) shall be returned to the person from whom the thing was seized. Exception (3) Where, 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 Part, 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 thereof may be applied in payment of the fine.
Canadian Environmental Protection Act, 1999 — C-15.31 233
Application by person claiming interest 233 (1) Where anything 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 an interest in the thing as owner, mortgagee, lien holder or holder of any other claim under Canadian law may, within 30 days after 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 shall fix a day for the hearing of an application made under subsection (1). Notice (3) An applicant for an order under subsection (5) shall, at least 30 days before the day fixed under subsection (2) for the hearing of the application, serve a notice of the application and of the hearing on the Minister and on all other persons claiming an interest in the thing that is the subject-matter of the application as owner, mortgagee, lien holder 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 shall, 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) Where, 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 mortgagee or lien holder, 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 mortgagor or the lien giver, those of the applicant and the intervenors in respect of whom the Court is so satisfied are entitled to an order declaring that their interests are not affected by the forfeiture and declaring the nature and extent of each of their interests and the priorities among them. Additional order (6) Where an order is made under subsection (5), the Court may, in addition, order that the thing to which the interests relate be delivered to one or more of the persons found to have 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.
Canadian Environmental Protection Act, 1999 — C-15.31 234
Definition of order 234 For the purposes of sections 235 to 271, order means an environmental protection compliance order issued under section 235.
Canadian Environmental Protection Act, 1999 — C-15.31 235
ditional measures for certain alleged offences (5) For the purposes of subsection (1), an order in relation to an alleged contravention of section 124 or 125 or any regulations made under section 135 may specify that the person to whom the order is directed, whether that person is not a permit holder or is contravening a condition of a permit, take any of the following measures, in addition to any of the measures referred to in subsection (4): (a) cease dumping or cease loading a substance; or (b) refrain from disposing of any ship, aircraft, platform or structure. Contents of order (6) Subject to section 236, an order must be made in writing and must set out (a) the names of the persons to whom the order is directed; (b) the provision of this Act or the regulations 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) subject to subsection (7), the duration of the order; (g) a statement that a request for a review may be made to the Tribunal; and (h) the period within which a request for a review may be made. Duration of order (7) An order may not be in force for a period of more than 180 days. Failing to file report (8) For the purposes of subsection (1), a person who commits an offence by failing to file a report required by this Act or the regulations is deemed to be continuing the commission of the offence each day that the report is not filed. Statutory Instruments Act (9) An order is not a statutory instrument for the purposes of the Statutory Instruments Act . 1999, c. 33, s. 235; 2009, c. 14, s. 61 2023, c. 12, s. 48 2026, c. 3, s. 509
Canadian Environmental Protection Act, 1999 — C-15.31 236
Exigent circumstances 236 (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 235. Definition 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 235(6) would result in danger to human life or the environment. 1999, c. 33, s. 236; 2009, c. 14, s. 62(E)
Canadian Environmental Protection Act, 1999 — C-15.31 237
Notice of intent 237 (1) Except in exigent circumstances, the enforcement officer shall, wherever practicable, before issuing an order, (a) provide an oral or a written notice of the intent of the enforcement officer to issue the order to every person who will be subject to the order; and (b) allow a reasonable opportunity in the circumstances for every such person to make oral representations. Contents of notice of intent (2) A notice of intent to issue an order shall include (a) a statement of the purpose of the notice; (b) a reference to the statutory authority under which the order will 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. 1999, c. 33, s. 237; 2009, c. 14, s. 63(E)
Canadian Environmental Protection Act, 1999 — C-15.31 238
Compliance with the order 238 (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 under an order given orally under section 236, 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. 1999, c. 33, s. 238; 2009, c. 14, s. 64
Canadian Environmental Protection Act, 1999 — C-15.31 239
Intervention by enforcement officer 239 (1) If any 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 to take measures under subsection (1) may enter and have access to any place or property and may do any reasonable things that may be necessary in the circumstances. Personal liability (3) Any person, other than a person described in subsection 235(3), 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. 1999, c. 33, s. 239; 2009, c. 14, s. 65