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Bill C-74

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Reasonably incurred

(2) The costs and expenses may only be recovered to the extent that they have been reasonably incurred in the circumstances.

Joint and several liability

(3) Persons from whom the costs and expenses may be recovered are jointly and severally liable for them. However, a person mentioned in paragraph 212(2)(b) is not liable to an extent greater than the extent of their negligence or wilful conduct in causing or contributing to the release.

Recourse or indemnity

(4) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

Court and costs

215. (1) A claim under section 214 may be recovered with costs in any court of competent jurisdiction.

Limitation period

(2) Where events giving rise to the claim occur, no proceedings in respect of the claim may be instituted more than five years after the date on which the events occur or the Minister becomes aware of them, whichever is the later.

Minister's certificate

(3) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under section 214 came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document shall 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.

PART X

ENFORCEMENT

Interpretation

Definition of ``substance''

216. In this Part, ``substance'' includes hazardous wastes, hazardous recyclable mate rial or non-hazardous waste, as those expres sions are defined by regulations made under section 191 and waste or other matter listed in Schedule V.

Designation of Inspectors, Investigators and Analysts

Designation

217. (1) The Minister may designate as inspectors, investigators or analysts for the purposes of this Act, or any provision of this Act,

    (a) persons or classes of persons who, in the Minister's opinion, are qualified to be so designated; and

    (b) with the approval of a government, persons or classes of persons employed by the government in the administration of a law respecting the protection of the envi ronment.

Production of certificate of designation

(2) Every inspector, investigator or analyst shall be furnished with a certificate of desig nation as an inspector, investigator or analyst, as the case may be, and on entering any place under section 218 or 220, as the case may be, shall, if so requested, produce the certificate to the person in charge thereof.

Definition of ``inspector''

(3) For the purposes of this Act, ``inspec tor'' includes an investigator.

Powers of investigators

(4) An investigator has all of the powers, duties and functions conferred on an inspector by or under this Act and, in addition, has the power conferred on a peace officer

    (a) to apply for a search warrant, on an information submitted by telephone or other means of telecommunication; and

    (b) to serve a summons or subpoena or issue an undertaking, appearance notice, promise to appear, recognizance or other court document.

Inspection

Inspection

218. (1) Subject to subsection (3), for the purposes of this Act and the regulations, an inspector may, at any reasonable time, enter and inspect any place if the inspector has reasonable grounds to believe that

    (a) there can be found in the place a substance to which this Act applies or a product containing such a substance;

    (b) a fuel to which this Act applies is being or has been produced or can be found in the place;

    (c) a cleaning product or water conditioner, as defined in section 116, is being or has been produced or can be found in the place;

    (d) regulations made under section 209 apply to or in respect of the place;

    (e) the place is a source in respect of which regulations have been made under section 167 or 177 or a place in respect of which regulations have been made under section 200;

    (f) a substance is being loaded for the purpose of disposal at sea or is being disposed of at sea;

    (g) any vehicle, engine or equipment of a class for which standards for emissions have been prescribed that is owned by or is on the premises of a company or a consign ee of imported vehicles or engines or imported equipment can be found in the place;

    (h) any component to be used in the manufacture of a vehicle, engine or equip ment for which standards for emission have been prescribed can be found in the place;

    (i) any record in relation to the design, manufacture, testing and field performance of a vehicle, engine or equipment in so far as it relates to emissions can be found in the place; or

    (j) any books, records, electronic data or other documents relevant to the administra tion of this Act can be found in the place;

Definitions

(2) The definitions in this subsection apply for the purposes of this section and sections 220 and 223.

``conveyance' '
« moyen de transport »

``conveyance'' includes any vehicle, ship or aircraft.

``place''
« lieu »

``place'' includes any platform anchored at sea, shipping container or conveyance.

Private dwelling-
place

(3) An inspector may not enter a private dwelling-place or any part of a place that is designed to be used and is being used as a permanent or temporary private dwelling- place except

    (a) with the consent of the occupant of the place; or

    (b) under the authority of a warrant issued under subsection (4).

Warrant for inspection of dwelling-
place

(4) Where on ex parte application a justice is satisfied by information on oath that

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

    (b) entry to the dwelling-place is necessary for any purpose relating to the administra tion of this Act, and

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

the justice may issue a warrant authorizing the inspector named therein to conduct an inspec tion of the dwelling-place subject to such conditions as may be specified in the warrant.

Warrants for inspection of non-
dwellings

(5) Where on ex parte application a justice is satisfied by information on oath that

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

    (b) entry to that place is necessary for any purpose relating to the administration of this Act,

    (c) entry to that place has been refused, the inspector was not able to enter without the use of force or the place was abandoned, and

    (d) subject to subsection (6), all reasonable attempts were made to notify the owner, operator or person in charge of the place,

the justice may issue a warrant authorizing the inspector named therein to conduct an inspec tion of the place, subject to such conditions as may be specified in the warrant, and authoriz ing any other person named therein to accom pany the inspector and exercise any power specified in the warrant.

Waiving notice

(6) The justice may waive the requirement to give notice referred to in subsection (5) where the justice is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge is absent from the jurisdiction of the justice or that it is not in the public interest to give the notice.

Use of force

(7) In executing a warrant issued under subsection (4) or (5), the inspector named in the warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Stopping and detaining conveyances

(8) For the purposes of this Act and the regulations, an inspector may, at any reason able time, stop any conveyance and direct that it be moved and, for a reasonable time, detain any conveyance, platform or other structure.

Powers in relation to ships, etc.

(9) Subject to subsection (3), for the purposes of this Act and the regulations, an inspector may, at any reasonable time,

    (a) board any ship, platform or other structure anywhere in Canada or within Canadian waters or any aircraft if the inspector believes on reasonable grounds that the ship, platform or other structure or aircraft has on board a substance to be disposed of at sea; and

    (b) travel on any ship, aircraft, platform or other structure that is loaded with a sub stance to be disposed of at sea.

Inspector to receive accommoda-
tion

(10) An inspector who travels on a ship, aircraft, platform or other structure under paragraph (9)(b) shall be carried free of charge to and from the disposal site and the person in command of the ship or aircraft or in charge of the platform or structure shall provide the inspector with suitable accommodation and food.

Powers of inspector

(11) In carrying out an inspection of a place under this section, an inspector may, for the purposes of this Act,

    (a) examine any substance, product, fuel, cleaning product or water conditioner re ferred to in subsection (1) or any other thing relevant to the administration of this Act that is found in the place;

    (b) open and examine any receptacle or package found that on reasonable grounds the inspector believes contains any sub stance, product, air contaminant, fuel, cleaning product or water conditioner, en gine, equipment or component;

    (c) examine any books, records, electronic data or other documents that on reasonable grounds the inspector believes contain any information relevant to the administration of this Act and make copies thereof or take extracts therefrom;

    (d) take samples of any thing relevant to the administration of this Act; and

    (e) conduct any tests or take any measure ments.

Disposition of samples

(12) An inspector who takes a sample under paragraph (11)(d) may dispose of it in any manner that the inspector considers appropri ate.

Analysts

(13) 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 so accompanying an inspector, enter the place and exercise any of the powers referred to subsection (9) and paragraphs (11)(a), (b), (d) and (e).

Operation of computer system and copying equipment

(14) In carrying out an inspection of a place under this section, an inspector 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

(15) Every person who is in possession or control of any place being inspected under this section shall permit the inspector to do anything referred to in subsection (14).

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(11)(c) or any samples re ferred to in paragraph 218(11)(d) within such reasonable time and in such reasonable man ner as may be stipulated therein.

Compliance

(2) Any person who is required to produce anything under subsection (1) shall, notwith standing any other law to the contrary, do so as required.

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