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Bill C-32

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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 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 10
	ENFORCEMENT
	Interpretation
Definitions	216. The definitions in this section apply in this Part.
``conveyan- ce'' « moyen de transport »	``conveyance'' includes any vehicle, ship or aircraft.
``place'' « lieu »	``place'' includes any platform anchored at sea, shipping container or conveyance.
``substan- ce'' « substan- ce »	``substance'' includes hazardous wastes, hazardous recyclable material or non-hazardous waste, as those expressions are defined by regulations made under section 191, and waste or other matter listed in Schedule 5.
	Designation of Enforcement Officers and Analysts
Designation	217. (1) The Minister may designate as enforcement officers 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 environment.
Production of certificate of designation	(2) Every enforcement officer or analyst shall be furnished with a certificate of designation as an enforcement officer 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 of the place.
Powers of enforcement officers	(3) For the purposes of this Act and the regulations, enforcement officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any person or class of persons.
	Inspection
Inspection	218. (1) Subject to subsection (2), for the purposes of this Act and the regulations, an enforcement officer may, at any reasonable time, enter and inspect any place if the enforcement officer 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 consignee 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 equipment for which standards for emissions 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 administration of this Act can be found in the place.
Private dwelling-plac e	(2) An enforcement officer 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 (3).
Warrant for inspection of dwelling-plac e	(3) 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 administration of this Act, 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 named in it to conduct an inspection of the dwelling-place subject to any conditions that may be specified in the warrant, and authorizing any other person named therein to accompany the enforcement officer and exercise any power specified in the warrant .
Warrants for inspection of non- dwellings	(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 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 enforcement officer was not able to enter without the use of force or the place was abandoned, and
	(d) subject to subsection (5), 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 enforcement officer named in it to conduct an inspection of the place, subject to any conditions that may be specified in the warrant, and authorizing any other person named therein to accompany the enforcement officer and exercise any power specified in the warrant.
Waiving notice	(5) The justice may waive the requirement to give notice referred to in subsection (4) 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	(6) In executing a warrant issued under subsection (3) or (4), an enforcement officer shall not use force unless the use of force has been specifically authorized in the warrant.
Stopping and detaining conveyances	(7) For the purposes of this Act and the regulations, an enforcement officer may, at any reasonable time, direct that any conveyance be stopped or be moved to a place where an inspection can be carried out and may , for a reasonable time, detain any conveyance, platform or other structure.
Powers in relation to ships, etc.	(8) Subject to subsection (2), for the purposes of this Act and the regulations, an enforcement officer 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 enforcement officer 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 substance to be disposed of at sea.
Enforcement officer to receive accommoda- tion	(9) An enforcement officer who travels on a ship, aircraft, platform or other structure under paragraph (8)(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 enforcement officer with suitable accommodation and food.
Powers of enforcement officer	(10) In carrying out an inspection of a place under this section, an enforcement officer may, for the purposes of this Act,
	(a) examine any substance, product, fuel, cleaning product or water conditioner referred 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 the enforcement officer believes on reasonable grounds contains any substance, product, air contaminant, fuel, cleaning product or water conditioner, engine, equipment or component;
	(c) examine any books, records, electronic data or other documents that the enforcement officer believes on reasonable grounds contain any information relevant to the administration of this Act and make copies of them or take extracts from them;
	(d) take samples of anything relevant to the administration of this Act; and
	(e) conduct any tests or take any measurements.

Disposition of samples	(11) An enforcement officer who takes a sample under paragraph (10)(d) may dispose of it in any manner that the enforcement officer considers appropriate.
Analysts	(12) An analyst may, for the purposes of this Act, accompany an enforcement officer who is carrying out an inspection of a place under this section and the analyst may, when so accompanying an enforcement officer, enter the place and exercise any of the powers described in subsections (8) and (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).
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.
	Search
Authority to issue warrant for search and seizure	220. (1) Where on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place
	(a) anything by means of or in relation to which any provision of this Act or the regulations has been contravened, or
	(b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence under this Act,
	the justice may issue a warrant authorizing an enforcement officer , or authorizing any other person named in the warrant, to enter and search the place and to seize anything referred to in paragraph (a) or (b) subject to any conditions that may be specified in the warrant.
Warrant for seizure of ships, etc.	(2) Where on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that an offence has been committed under section 272 by an owner of any ship, aircraft, platform or other structure, the justice may issue a warrant authorizing an enforcement officer , or authorizing any other person named in the warrant, to seize the ship, aircraft, platform or structure anywhere in Canada and, in the case of a ship, platform or structure, within Canadian waters.
Search and seizure	(3) A person authorized by a warrant issued under subsection (1) or (2) may
	(a) at any reasonable time enter and search a place referred to in the warrant;
	(b) seize and detain anything referred to in the warrant; and
	(c) exercise the powers described in subsection 218(10) or (13).
Where warrant not necessary	(4) An enforcement officer may exercise the powers described in subsection (3) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant.
Exigent circumstances	(5) For greater certainty, exigent circumstances include circumstances in which the delay necessary to obtain a warrant under subsection (1) or (2) would result in danger to human life or the environment or the loss or destruction of evidence.
Operation of computer system and copying equipment	(6) A person authorized under this section to search a place may
	(a) use or cause to be used any computer system at the place to search 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) seize the 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	(7) Every person who is in possession or control of a place in respect of which a search is carried out under this section shall permit the person carrying out the search to do anything referred to in subsection (6).
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,

Bill C-32

PART 10

ENFORCEMENT

Interpretation

Designation of Enforcement Officers and Analysts

Inspection

Search