PART XV PROVINCIAL OFFICERS
Entry, etc., may be prohibited
156.4 (1) A provincial officer may by order prohibit entry into all or part of any land or place or prohibit the use of, interference with, disruption of, or destruction of any thing in any of the following circumstances: 1. During an inspection under section 156, 156.1 or 158. 2. During a search under section 161. 3. During the time required for the provincial officer to obtain an order under section 158 of this Act or a warrant under section 158 of the Provincial Offences Act. 4. During a search carried out under a warrant issued under section 158 of the Provincial Offences Act. Requirements for order (2) An order under subsection (1) shall not be issued unless the provincial officer reasonably believes that, (a) in the case of an order prohibiting entry, there is on the land or in the place a thing that will afford evidence of an offence under this Act; (b) in the case of an order prohibiting the use of, interference with, disruption of, or destruction of a thing, the thing will afford evidence of an offence under this Act; or (c) in the case of an order prohibiting entry or an order prohibiting the use of, interference with, disruption of, or destruction of a thing, there is a discharge or a likelihood of discharge of a contaminant into the natural environment from the land, place or thing and an adverse effect has resulted or is likely to result from the discharge. Notice of order (3) The provincial officer shall give notice of the order in the manner that he or she considers appropriate in the circumstances. Contents of notice (4) Notice of the order shall include an explanation of the rights provided by subsections (6) and (7). Order not effective where no notice (5) An order under subsection (1) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order. Request for rescission (6) A person aggrieved by the order may make an oral or written request to the Director to rescind it and may make oral or written submissions to the Director in support of the request. Powers of Director (7) The Director shall give prompt consideration to any request or submissions made under subsection (6) and may rescind the order. Same (8) For the purposes of subsection (7), the Director may substitute his or her own opinion for that of the provincial officer. Same (9) A Director who rescinds an order under subsection (7) shall give such directions to a provincial officer as the Director considers appropriate to bring the rescission to the attention of persons affected. No stay (10) A request for rescission of an order under subsection (1) does not stay the order, unless the Director orders otherwise in writing. Duration of order (11) An order under subsection (1) shall, (a) subject to clause (b), be effective for the shorter of the length of time necessary to complete the inspection or search referred to in that subsection or a period not exceeding two days excluding holidays; or (b) where the inspection or search referred to in subsection (1) is under an order under section 158 of this Act or under a warrant issued under section 158 of the Provincial Offences Act and a time limit for the inspection or search is specified in the order or warrant, be effective until the expiration of that time.  1998, c. 35, s. 15. Section Amendments with date in force (d/m/y) 1998, c. 35, s. 15 - 01/02/1999