ENFORCEMENT MEASURES

Enforcement officers

50. (1) A responsible minister may designate any person or class of persons to act as enforcement officers for the purposes of this Act.

Designation of provincial government employees

(2) The responsible minister may not designate any person or class of persons employed by the government of a province unless that government agrees.

Certificate of designation

(3) An enforcement officer must be provided with a certificate of designation as an enforcement officer in a form approved by the responsible minister and, on entering any place under this Act, the officer must, if so requested, show the certificate to the occupant or person in charge of the place.

Powers of peace officers

(4) For the purposes of this Act, enforcement officers have all the powers of a peace officer, but the responsible minister may specify limits on those powers when designating any person or class of persons.

Exemptions for law enforcement activities

(5) For the purpose of investigations and other law enforcement activities under this Act, a responsible minister may, on any terms and conditions that he or she considers necessary, exempt from the application of any provision of this Act, the regulations or an emergency order

    (a) enforcement officers that the responsible minister has designated and who are carrying out duties or functions under this Act; and

    (b) persons acting under their direction and control.

Obstruction

(6) When an enforcement officer is carrying out duties or functions under this Act, no person shall

    (a) knowingly make any false or misleading statement either orally or in writing to the enforcement officer; or

    (b) otherwise wilfully obstruct the enforcement officer.

Inspections

51. (1) For the purpose of ensuring compliance with any provision of this Act, the regulations or an emergency order, an enforcement officer may, subject to subsection (3), at any reasonable time enter and inspect any place in which the officer believes, on reasonable grounds, there is any thing to which the provision applies or any document relating to its administration, and the enforcement officer may

    (a) open or cause to be opened any container that the enforcement officer believes, on reasonable grounds, contains any such thing or document;

    (b) inspect the thing and take samples free of charge;

    (c) require any person to produce the document for inspection or copying, in whole or in part; and

    (d) seize any thing by means of or in relation to which the enforcement officer believes, on reasonable grounds, the provision has been contravened or that the enforcement officer believes, on reasonable grounds, will provide evidence of a contravention.

Conveyance

(2) For the purposes of carrying out the inspection, the enforcement officer may stop a conveyance or direct that it be moved to a place where the inspection can be carried out.

Dwelling-
place

(3) The enforcement officer may not enter a dwelling-place except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant.

Warrant

(4) If on ex parte application a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath that

    (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-place,

    (b) entry to the dwelling-place is necessary in relation to the administration of this Act or the regulations, and

    (c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused,

the justice may issue a warrant authorizing the enforcement officer to enter the dwelling-place subject to any conditions that may be specified in the warrant.

Search and seizure without warrant

52. For the purpose of ensuring compliance with this Act, the regulations or an emergency order, an enforcement officer may exercise the powers of search and seizure provided in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be feasible to obtain the warrant.

Custody of things seized

53. (1) Subject to subsections (2) and (3), if an enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code,

    (a) sections 489.1 and 490 of the Criminal Code apply; and

    (b) the enforcement officer, or any person that the officer may designate, must retain custody of the thing subject to any order made under section 490 of the Criminal Code.

Forfeiture if ownership not ascertainable

(2) If the lawful ownership of or entitlement to the seized thing cannot be ascertained within 30 days after its seizure, the thing, or any proceeds of its disposition, are forfeited to

    (a) Her Majesty in right of Canada, if the thing was seized by an enforcement officer employed in the public service of Canada; or

    (b) Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by the government of that province.

Perishable things

(3) If the seized thing is perishable, the enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be

    (a) paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after its seizure; or

    (b) retained by the enforcement officer pending the outcome of the proceedings.

Abandon-
ment

(4) The owner of the seized thing may abandon it to Her Majesty in right of Canada or a province.

Disposition by responsible minister

54. Any thing that has been forfeited or abandoned under this Act is to be dealt with and disposed of as the responsible minister may direct.

Liability for costs

55. The lawful owner and any person lawfully entitled to possession of any thing seized, abandoned or forfeited under this Act are jointly and severally liable for all the costs of inspection, seizure, abandonment, forfeiture or disposition incurred by Her Majesty in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty under this Act.

Application for investigation

56. (1) A person who is resident in Canada and at least 18 years of age may apply to the responsible minister for an investigation of whether an alleged offence has been committed or whether anything directed towards its commission has been done.

Statement to accompany application

(2) The application must be in a form approved by the responsible minister and must include a solemn affirmation or declaration containing

    (a) the name and address of the applicant;

    (b) a statement that the applicant is at least 18 years old and a resident of Canada;

    (c) a statement of the nature of the alleged offence and the name of each person alleged to be involved;

    (d) a summary of the evidence supporting the allegations;

    (e) the names and addresses of each person who might be able to give evidence about the alleged offence, together with a summary of the evidence they might give, to the extent that this information is available to the applicant;

    (f) a description of any document or other material that the applicant believes should be considered in the investigation and, if possible, a copy of the document; and

    (g) details of any previous contact between the applicant and the responsible minister about the alleged offence.

Investigation

57. (1) The responsible minister must acknowledge receipt of the application within 20 days of receiving it and must investigate all matters that he or she considers necessary to determine the facts relating to the alleged offence.

Frivolous or vexatious applications

(2) No investigation is required if the responsible minister decides that the application is frivolous or vexatious.

Notice of decision

(3) If the responsible minister decides not to conduct the investigation, he or she must, within 60 days after the application for investigation is received, give notice of the decision, including the justification, to

    (a) the applicant; and

    (b) each person alleged in the application to have been involved in the commission of the offence for whom an address is given in the application.

When notice need not be given

(4) The responsible minister need not give the notice if an investigation in relation to the alleged offence is ongoing apart from the application.

Progress reports

58. (1) After acknowledging receipt of the application, the responsible minister must report to the applicant every 90 days on the progress of the investigation, the estimated time it will take to complete and the action, if any, that the responsible minister has taken or proposes to take, but a report is not required if the investigation is suspended or concluded before the end of the 90 days.

Responsible minister may send evidence to Attorney General

(2) At any stage of the investigation, the responsible minister may send any documents or other evidence to the Attorney General for consideration of whether an offence has been or is about to be committed, and for any action that the Attorney General may wish to take.

Suspension or conclusion of investigation

59. (1) The responsible minister may suspend or conclude the investigation if he or she is of the opinion that

    (a) the alleged offence does not require further investigation; or

    (b) the investigation does not substantiate the alleged offence or any other offence.

Report if investigation suspended

(2) If the investigation is suspended, the responsible minister must

    (a) prepare a written report describing the information obtained during the investigation and stating the reasons for its suspension and the action, if any, that the responsible minister has taken or proposes to take;

    (b) send a copy of the report to the applicant; and

    (c) notify the applicant if the investigation is subsequently resumed.

Report when investigation concluded

(3) When the investigation is concluded, the responsible minister must

    (a) prepare a written report describing the information obtained during the investigation and stating the reasons for its conclusion and the action, if any, that the responsible minister has taken or proposes to take; and

    (b) send a copy of the report to the applicant and to each person whose conduct was investigated.

A copy of the report sent to a person whose conduct was investigated must not disclose the name or address of the applicant or any other personal information about them.

When report need not be sent

(4) If another investigation in relation to the alleged offence is ongoing apart from the application, the responsible minister need not send copies of a report described in subsection (2) or (3) until the other investigation is suspended or concluded.

ENDANGERED SPECIES PROTECTION ACTION

Circumstances in which a person may bring an action

60. (1) A person who has applied for an investigation may bring an endangered species protection action if

    (a) the responsible minister has decided not to conduct the investigation and has given a justification for the decision that is not reasonable;

    (b) the responsible minister has, without giving notice required by subsection 57(3), not conducted and reported on the investigation within a reasonable time;

    (c) the responsible minister's reasons for suspending or concluding the investigation are unreasonable; or

    (d) the responsible minister's response to the investigation is unreasonable.

Nature of the action

(2) The action may be brought in any court of competent jurisdiction against a person who committed, or has done anything directed towards the commission of, an offence that

    (a) was alleged in the application for the investigation; and

    (b) caused or will cause harm to an individual of a listed extirpated, endangered or threatened species, its critical habitat or the residence of an individual .

Relief that may be claimed

(3) In the action, the person may claim any or all of the following:

    (a) a declaratory order;

    (b) an order, including an interlocutory order, requiring the defendant to refrain from doing anything that, in the opinion of the court, may constitute or be directed towards an offence;

    (c) an order, including an interlocutory order, requiring the defendant to do anything that, in the opinion of the court, may prevent an offence;

    (d) an order to the parties to negotiate corrective measures with respect to the significant harm resulting from the offence and to report to the court on the negotiations within a time set by the court; and

    (e) any other appropriate relief, including the costs of the action, but not including damages.

Limitation period of two years

61. (1) An endangered species protection action may be brought only within a limitation period of two years beginning when the plaintiff becomes aware of the conduct on which the action is based, or should have become aware of it.

Time during investigation not included

(2) The limitation period does not include any time following the plaintiff's application for an investigation, but before the plaintiff receives a report under subsection 59(2) or (3).

No action for remedial conduct

62. An endangered species protection action may not be brought if the alleged conduct was or will be

    (a) taken to protect a listed endangered or threatened species or its habitat or to protect the environment, national security, safety or health, including animal and plant health; and

    (b) reasonable and consistent with public safety.

Notice of the action

63. (1) The plaintiff in an endangered species protection action must give notice of the action in the public registry no later than ten days after the document originating the action is first served on a defendant.

Notice of other matters

(2) The court may order any party to the action to give notice in the public registry of any other matter relating to the action.

Attorney General to be served

64. (1) A plaintiff must serve the Attorney General with a copy of the document originating an endangered species protection action within ten days after first serving the document on a defendant.