PART VII ENFORCEMENT AND OFFENCES
Restriction on entry
30.1 (1) An authority or an officer appointed under a regulation made under clause 28 (1) (d) or (e) shall not enter land without, (a) the consent of the owner of the land and, if the occupier of the land is not the owner, the consent of the occupier of the land; or (b) the authority of a warrant under the Provincial Offences Act.  1998, c. 18, Sched. I, s. 14. Exceptions (2) Subsection (1) does not apply to entry under clause 21 (1) (b) or subsection 28 (20).  1998, c. 18, Sched. I, s. 14. Note: On a day to be named by proclamation of the Lieutenant Governor, section 30.1 of the Act is repealed and the following substituted: (See: 2017, c. 23, Sched. 4, s. 29) Part VII   Enforcement and Offences Appointment of officers 30.1 An authority may appoint officers for the purposes of ensuring compliance with this Act and the regulations. 2017, c. 23, Sched. 4, s. 29. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 14 - 18/12/1998 2017, c. 23, Sched. 4, s. 29 - not in force Entry without warrant 30.2 (1) An officer appointed by an authority under section 30.1 may, subject to subsections (2) and (3), enter any land situated in the authority’s area of jurisdiction for the purposes of determining compliance with subsection 28 (1), a regulation made under subsection 28 (3) or section 28.5 or with the conditions of a permit issued under section 28.1 or under a regulation made under clause 28.5 (1) (c). 2017, c. 23, Sched. 4, s. 29. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 30.2 (1) of the Act is repealed and the following substituted: (See: 2020, c. 36, Sched. 6, s. 19 (1)) Entry without warrant, permit application (1) An officer appointed by an authority under section 30.1 may enter any land situated in the authority’s area of jurisdiction, without a warrant and without the consent of the owner or occupier, if, (a) an application has been submitted under section 28.1 or 28.1.1 for a permit to engage in an activity with respect to the land; (b) the entry is for the purpose of determining whether to issue a permit; and (c) the officer has given reasonable notice of the entry to the owner or occupier of the property. 2020, c. 36, Sched. 6, s. 19 (1). Entry without warrant, compliance (1.1) An officer appointed by an authority under section 30.1 may enter any land situated in the authority’s area of jurisdiction, without a warrant and without the consent of the owner or occupier, if, (a) the entry is for the purpose of ensuring compliance with subsection 28 (1) or 28.1.2 (19), a regulation made under section 28.5 or with the conditions of a permit issued under section 28.1, 28.1.1 or 28.1.2 or issued under a regulation made under clause 28.5 (1) (c); Note: On the day subsection 19 (1) of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, clause 30.2 (1.1) (a) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 2, s. 11 (1)) (a) the entry is for the purpose of ensuring compliance with subsection 28 (1), 28.1.2 (19) or 28.1.2 (19.1), with a regulation made under section 28.5 or with the conditions of a permit issued under section 28.1, 28.1.1 or 28.1.2 or issued under a regulation made under clause 28.5 (1) (c); (b) the officer has reasonable grounds to believe that a contravention of a provision of the Act or a regulation referred to in clause (a) or of a condition of a permit referred to in clause (a) is causing or is likely to cause significant damage and, (i) the damage affects or is likely to affect the control of flooding, erosion, dynamic beaches or pollution or the conservation of land, or Note: On the day subsection 19 (1) of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, subclause 30.2 (1.1) (b) (i) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 2, s. 11 (2)) (i) the damage affects or is likely to affect the control of flooding, erosion, dynamic beaches or unstable soil or bedrock, or (ii) in the event of a natural hazard, the damage will or is likely to create conditions or circumstances that might jeopardize the health and safety of persons or result in damage or destruction of property; and (c) the officer has reasonable grounds to believe that the entry is required to prevent or reduce the effects or risks described in clause (b). 2020, c. 36, Sched. 6, s. 19 (1). No entry to buildings (2) The power to enter land under subsection (1) does not authorize the entry into a dwelling or other building situated on the land. 2017, c. 23, Sched. 4, s. 29. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 30.2 (2) of the Act is amended by striking out “subsection (1)” and substituting “subsection (1) or (1.1)”. (See: 2020, c. 36, Sched. 6, s. 19 (2)) Time of entry (3) The power to enter land under subsection (1) may be exercised at any reasonable time. 2017, c. 23, Sched. 4, s. 29. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 30.2 (3) of the Act is amended by striking out “subsection (1)” and substituting “subsection (1) or (1.1)”. (See: 2020, c. 36, Sched. 6, s. 19 (2)) Power upon entry (4) An officer who enters land under subsection (1) may do any of the following things: 1. Inspect any thing that is relevant to the inspection. 2. Conduct any tests, take any measurements, take any specimens or samples, set up any equipment and make any photographic or other records that may be relevant to the inspection. 3. Ask any questions that are relevant to the inspection to the occupant of the land. 2017, c. 23, Sched. 4, s. 29. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 30.2 (4) of the Act is amended by striking out “subsection (1)” and substituting “subsection (1) or (1.1)”. (See: 2020, c. 36, Sched. 6, s. 19 (2)) No use of force (5) Subsection (1) does not authorize the use of force. 2017, c. 23, Sched. 4, s. 29. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 30.2 (5) of the Act is amended by striking out “subsection (1)” and substituting “subsection (1) or (1.1)”. (See: 2020, c. 36, Sched. 6, s. 19 (2)) Experts, etc. (6) An officer who enters land under this section may be accompanied and assisted by any person with such knowledge, skills or expertise as may be required for the purposes of the inspection. 2017, c. 23, Sched. 4, s. 29. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 29 - not in force 2020, c. 36, Sched. 6, s. 19 (1, 2) - not in force 2022, c. 21, Sched. 2, s. 11 (1, 2) - not in force Searches Search with warrant 30.3 (1) An officer may obtain a search warrant under Part VIII of the Provincial Offences Act in respect of an offence under this Act. 2017, c. 23, Sched. 4, s. 29. Assistance (2) The search warrant may authorize any person specified in the warrant to accompany and assist the officer in the execution of the warrant. 2017, c. 23, Sched. 4, s. 29. Search without warrant (3) If an officer has reasonable grounds to believe that there is something on land that will afford evidence of an offence under this Act but that the time required to obtain a warrant would lead to the loss, removal or destruction of the evidence, the officer may, without warrant, enter and search the land. 2017, c. 23, Sched. 4, s. 29. No entry to buildings (4) The power to enter land under subsection (3) does not authorize the entry into a dwelling or other building situated on the land. 2017, c. 23, Sched. 4, s. 29. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 29 - not in force Stop order 30.4 (1) An officer appointed under section 30.1 may make an order requiring a person to stop engaging in or not to engage in an activity if the officer has reasonable grounds to believe that the person is engaging in the activity, has engaged in the activity or is about to engage in the activity and, as a result, is contravening, (a) subsection 28 (1) or a regulation made under subsection 28 (3) or under section 28.5; or (b) the conditions of a permit that was issued under section 28.1 or under a regulation made under clause 28.5 (1) (c). 2017, c. 23, Sched. 4, s. 29. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 30.4 (1) of the Act is repealed and the following substituted: (See: 2020, c. 36, Sched. 6, s. 20 (1)) Stop order (1) An officer appointed under section 30.1 may make an order requiring a person to stop engaging in or not to engage in an activity if the officer has reasonable grounds to believe that, (a) the person has engaged in, is engaging in or is about to engage in the activity and, as a result, is contravening or will contravene, (i) subsection 28 (1) or 28.1.2 (19) or a regulation made under section 28.5, or Note: On the day subsection 20 (1) of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, subclause 30.4 (1) (a) (i) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 2, s. 12 (1)) (i) subsection 28 (1), 28.1.2 (19) or 28.1.2 (19.1) or a regulation made under section 28.5, or (ii) the conditions of a permit issued under section 28.1, 28.1.1 or 28.1.2 or issued under a regulation made under clause 28.5 (1) (c); (b) the activity has caused, is causing or is likely to cause significant damage and, (i) the damage affects or is likely to affect the control of flooding, erosion, dynamic beaches or the pollution or the conservation of land, or Note: On the day subsection 20 (1) of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, subclause 30.4 (1) (b) (i) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 2, s. 12 (2)) (i) the damage affects or is likely to affect the control of flooding, erosion, dynamic beaches or unstable soil or bedrock, or (ii) in the event of a natural hazard, the damage will or is likely to create conditions or circumstances that might jeopardize the health and safety of persons or result in damage or destruction of property; and (c) the order will prevent or reduce the damage described in clause (b). 2020, c. 36, Sched. 6, s. 20 (1). Information to be included in order (2) The order shall, (a) specify the provision that the officer believes is being, has been or is about to be contravened; (b) briefly describe the nature of the contravention and its location; and (c) state that a hearing on the order may be requested in accordance with this section. 2017, c. 23, Sched. 4, s. 29. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 30.4 (2) of the Act is repealed and the following substituted: (See: 2020, c. 36, Sched. 6, s. 20 (1)) Information to be included in the order (2) The order shall, (a) specify the provision that the officer believes is being or is about to be contravened; (b) briefly describe the nature of the contravention and its location; (c) briefly describe the nature of the damage being caused or likely to be caused by the activity; and (d) state that a hearing on the order may be requested in accordance with this section. 2020, c. 36, Sched. 6, s. 20 (1). Service of order (3) An order under this section shall be served personally or by registered mail addressed to the person against whom the order is made at the person’s last known address. 2017, c. 23, Sched. 4, s. 29. Registered mail (4) An order served by registered mail shall be deemed to have been served on the fifth day after the day of mailing, unless the person served establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the order until a later date. 2017, c. 23, Sched. 4, s. 29. Effective date (5) An order under this section takes effect when it is served, or at such later time as is specified in the order. 2017, c. 23, Sched. 4, s. 29. Right to hearing (6) A person who is served with an order under this section may request a hearing before the authority or, if the authority so directs, before the authority’s executive committee by mailing or delivering to the authority, within 30 days after service of the order, a written request for a hearing that includes a statement of the reasons for requesting the hearing. 2017, c. 23, Sched. 4, s. 29. Powers of authority (7) After holding a hearing, the authority or executive committee, as the case may be, shall, (a) confirm the order; (b) amend the order; or (c) remove the order, with or without conditions. 2017, c. 23, Sched. 4, s. 29. Reasons for decision (8) The authority or executive committee, as the case may be, shall give the person who requested the hearing written reasons for the decision. 2017, c. 23, Sched. 4, s. 29. Appeal (9) Within 30 days after receiving the reasons mentioned in subsection (8), the person who requested the hearing may appeal to the Minister and, after reviewing the submissions, the Minister may, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 30.4 (9) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2020, c. 36, Sched. 6, s. 20 (2)) Appeal (9) Within 30 days after receiving the reasons in subsection (8), the person who requested the hearing may appeal to the Minister or to a body prescribed by the regulations and, after reviewing the submissions, the Minister or the prescribed body may, (a) confirm the order; (b) amend the order; or (c) remove the order, with or without conditions. 2017, c. 23, Sched. 4, s. 29. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 29 - not in force 2020, c. 36, Sched. 6, s. 20 (1, 2) - not in force 2022, c. 21, Sched. 2, s. 12 (1, 2) - not in force Offences 30.5 (1) Every person is guilty of an offence if he or she contravenes, (a) subsection 28 (1) or a regulation made under subsection 28 (3) or under section 28.5; (b) the conditions of a permit that was issued under section 28.1 or under a regulation made under clause 28.5 (1) (c); or (c) a stop order issued under section 30.4. 2017, c. 23, Sched. 4, s. 29. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 30.5 (1) of the Act is repealed and the following substituted: (See: 2020, c. 36, Sched. 6, s. 21) Offences (1) Every person is guilty of an offence if the person contravenes, (a) subsection 28 (1) or 28.1.2 (19); Note: On the day section 21 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, clause 30.5 (1) (a) of the Act is repealed and the following substituted: (See: 2022, c. 21, Sched. 2, s. 13 (1)) (a) subsection 28 (1), 28.1.2 (19) or 28.1.2 (19.1); (b) a regulation respecting activities permitted under subsection 28 (3) or (4) or a regulation made under section 28.5; Note: On the day section 21 of Schedule 6 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, clause 30.5 (1) (b) of the Act is amended by striking out “subsection 28 (3) or (4)” substituting “subsection 28 (3), (4) or (4.1)”. (See: 2022, c. 21, Sched. 2, s. 13 (2)) (c) the conditions of a permit that was issued under section 28.1, 28.1.1 or 28.1.2 or under a regulation made under clause 28.5 (1) (c); or (d) a stop order issued under section 30.4. 2020, c. 36, Sched. 6, s. 21. Penalty (2) A person who commits an offence under subsection (1) is liable on conviction, (a) in the case of an individual, (i) to a fine of not more than $50,000 or to a term of imprisonment of not more than three months, or to both, and (ii) to an additional fine of not more than $10,000 for each day or part of a day on which the offence occurs or continues; and (b) in the case of a corporation, (i) to a fine of not more than $1,000,000, and (ii) to an additional fine of not more than $200,000 for each day or part of a day on which the offence occurs or continues. 2017, c. 23, Sched. 4, s. 29. Monetary benefit (3) Despite the maximum fines set out in clauses (2) (a) and (b), a court that convicts a person of an offence under clause (1) (a) or (b) may increase the fine it imposes on the person by an amount equal to the amount of the monetary benefit that was acquired by the person, or that accrued to the person, as a result of the commission of the offence. 2017, c. 23, Sched. 4, s. 29. Contravening s. 29 regulations (4) Every person who contravenes a regulation made under section 29 is guilty of an offence and on conviction is liable to a fine of not more than $1,000. 2017, c. 23, Sched. 4, s. 29. Obstruction of officer (5) Every person who prevents or obstructs an officer from entering land under section 30.2 or 30.3 is guilty of an offence and on conviction is liable to a fine of not more than $10,000. 2017, c. 23, Sched. 4, s. 29. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 29 - not in force 2020, c. 36, Sched. 6, s. 21 - not in force 2022, c. 21, Sched. 2, s. 13 (1, 2) - not in force Limitation period 30.6 A proceeding shall not be commenced with respect to an offence under subsection 30.5 (1), (4) or (5) more than two years after the day on which the offence first comes to the attention of an officer appointed under section 30.1. 2017, c. 23, Sched. 4, s. 29. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 29 - not in force Rehabilitation orders 30.7 (1) In addition to any other remedy or penalty provided by law, the court, upon convicting a person of an offence under clause 30.5 (1) (a) or (b), may order the convicted person to, (a) remove, at the convicted person’s expense, any development within such reasonable time as the court orders; and (b) take such actions as the court directs, within the time the court may specify, to repair or rehabilitate the damage that results from or is in any way connected to the commission of the offence. 2017, c. 23, Sched. 4, s. 29. Non-compliance with order (2) If a person does not comply with an order made under subsection (1), the authority having jurisdiction may arrange for any removal, repair or rehabilitation that was required of a person under subsection (1) to be carried out. 2017, c. 23, Sched. 4, s. 29. Liability for certain costs (3) The person to whom an order is made under subsection (1) is liable for the cost of any removal, repair or rehabilitation arranged by an authority under subsection (2), and the amount is recoverable by the authority by action in a court of competent jurisdiction. 2017, c. 23, Sched. 4, s. 29. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 29 - not in force Part VIII   Matters relating to Land and Water use 31 Repealed: 2020, c. 36, Sched. 6, s. 22. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 6, s. 22 - 02/02/2021 Restrictions on projects