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| Issuance
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21. (1) The Minister may, on application,
issue permits for the purposes of this Act.
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| Application
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(2) An application for a permit must be in
the form and contain the information
prescribed by the regulations.
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| Additional
information
|
(3) The Minister may require an applicant
for a permit to provide the Minister with any
information that he or she considers necessary.
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| Conditions
|
(4) Subject to the regulations, the Minister
may include in a permit any condition that he
or she considers appropriate.
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| Minister may
refuse or
suspend
permit
|
(5) The Minister may refuse to issue a
permit, or may amend, suspend or cancel a
permit, if he or she is of the opinion that the
public interest warrants it.
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| Statutory
Instruments
Act
|
(6) A permit is not a statutory instrument for
the purposes of the Statutory Instruments Act.
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| Application
on behalf of
others
|
22. (1) A person may apply for a permit on
behalf of a Canadian vessel or any other
person and, if a permit is issued on behalf of
a vessel or person other than the permit holder,
that vessel or other person is subject to the
conditions of the permit to the extent that
those conditions are expressed in the permit to
apply to them.
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| Identification
of person or
vessel
|
(2) For the purpose of subsection (1), a
Canadian vessel or person need not be
expressly named in a permit in order to be
subject to its conditions so long as the vessel
or person is sufficiently identified in the
permit, either by class or other description.
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| Deemed
contravention
by permit
holder
|
(3) If a Canadian vessel or person that is not
a permit holder but that is bound by a
condition of a permit contravenes the
condition, the holder of the permit is also
deemed to have contravened that condition.
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| Preliminary
environmental
evaluation
|
23. (1) The Minister may issue a permit only
if he or she is satisfied that a preliminary
environmental evaluation in relation to the
activities to which the permit is to relate has
been conducted in accordance with the
regulations.
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| Initial or
comprehensiv
e evaluation
|
(2) If the Minister, after having considered
the preliminary evaluation, is of the opinion
that the activities will likely have at least a
minor or transitory impact on the
environment, he or she must ensure that an
initial environmental evaluation, or a
comprehensive environmental evaluation, in
relation to those activities is conducted in
accordance with the regulations before the
permit is issued.
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| Comprehensiv
e evaluation
|
(3) If the Minister, after having considered
an initial evaluation, is of the opinion that the
activities will likely have more than a minor
or transitory impact on the environment, he or
she must ensure that a comprehensive
environmental evaluation in relation to those
activities is conducted in accordance with the
regulations before a permit is issued.
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| Restriction
|
(4) The Minister may not issue the permit if
he or she is of the opinion, after having
considered the comprehensive evaluation,
that the activities are likely to have a
significant adverse environmental impact that
cannot be justified in the circumstances.
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| Requirement
for plans
|
24. The Minister may issue a permit that
authorizes persons on a Canadian expedition,
or a Canadian vessel or Canadian aircraft, to
be in the Antarctic only if the Minister is
satisfied that a waste management plan and an
emergency plan for the expedition, vessel or
aircraft have been prepared in accordance
with the regulations.
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| Requirement
to provide
security
|
25. (1) The Minister may require an
applicant for a permit to provide and maintain
security with the Minister, in an amount
specified in, or determined in accordance
with, the regulations and in a form prescribed
by the regulations or a form satisfactory to the
Minister.
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| How security
may be
applied
|
(2) Any security may be applied by the
Minister to reimburse Her Majesty in right of
Canada, either fully or partially, for
reasonable costs incurred by Her Majesty in
preventing, mitigating or remedying any
adverse environmental impact caused by the
permit holder or persons or vessels bound by
conditions of the permit.
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| General
|
26. (1) The Governor in Council may make
regulations
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(a) respecting applications for permits,
including, but not limited to, the form of the
applications, who may apply for permits
and the information that must be provided
in respect of permit applications;
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|
(b) respecting the making of applications
for a permit on behalf of a Canadian vessel;
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|
(c) respecting the issuance, renewal,
cancellation and suspension of permits, and
the conditions that the Minister may include
in a permit;
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(d) respecting the activities that may be
authorized by a permit;
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(e) specifying substances and products for
the purposes of section 14;
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(f) designating Antarctic specially
protected areas for the purposes of section
15;
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(g) designating historic sites and
monuments for the purposes of section 16;
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|
(h) respecting environmental impact
assessments for the purposes of section 23;
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|
(i) respecting waste management plans and
emergency plans for the purposes of section
24;
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|
(j) respecting security for the purposes of
section 25; and
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|
(k) respecting any other matter that the
Governor in Council considers necessary
for carrying out the purposes of this Act.
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| Incorporation
by reference
|
(2) Regulations made under subsection (1)
may incorporate by reference any document,
including a document prepared by an
organization working under the Treaty or the
Protocol or by another Party to the Protocol.
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| Amended
from time to
time
|
(3) Material may be incorporated by
reference as it existed on a specified date or as
amended from time to time.
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| Incorporated
material is not
a regulation
|
(4) Material that is incorporated by
reference in a regulation made under this Act
is not a regulation for the purposes of the
Statutory Instruments Act.
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| Defence
|
(5) For greater certainty, no person or vessel
may be convicted of an offence or subjected to
a penalty for the contravention of a provision
of a regulation made under this Act that
incorporates material by reference unless it is
proved that, at the time of the alleged
contravention,
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(a) the material was reasonably accessible
to the person or vessel;
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(b) reasonable steps had been taken to
ensure that the material was accessible to
persons or vessels likely to be affected by
the regulation; or
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(c) the material had been published in the
Canada Gazette.
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| Regulations
- fees
|
27. (1) The Minister may make regulations
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|
(a) prescribing the fees or a scale of fees or
the manner of determining the fees to be
paid for issuing, amending or renewing
permits;
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|
(b) prescribing the persons or vessels or
classes of persons or vessels by whom or on
whose behalf the fees are to be paid, and
requiring the fees to be paid by those
persons, vessels or classes;
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|
(c) exempting any person or vessel, or class
of persons or vessels, from the requirement
to pay any of those fees; and
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(d) generally, in respect of any condition or
any other matter in relation to the payment
of those fees.
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| Limit
|
(2) Fees that are prescribed by or under
regulations made under subsection (1) in
respect of the issuance, amendment or
renewal of permits shall in the aggregate not
exceed an amount sufficient to compensate
Her Majesty in right of Canada for any
reasonable costs incurred by Her Majesty in
carrying out those functions.
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| Recovery
|
28. Fees required by the regulations to be
paid constitute a debt due to Her Majesty in
right of Canada and may be recovered in any
court of competent jurisdiction.
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| Designation
|
29. (1) The Minister may designate as an
enforcement officer or analyst for the purpose
of this Act or any provision of this Act any
person or member of a class of persons who,
in the Minister's opinion, is qualified to be so
designated.
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| Powers
|
(2) For the purposes of this Act, an
enforcement officer in Canada has all the
powers of a peace officer, but the Minister
may specify limits on those powers when
designating the enforcement officer.
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| Limits
|
(3) The Minister may limit the powers that
may be exercised by an enforcement officer or
analyst under this Act.
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| Production of
certificate
|
(4) The Minister must provide every
enforcement officer and analyst with a
certificate of designation that includes any
limits under subsection (2) or (3). On entering
any place, the enforcement officer or analyst
must, if so requested, produce the certificate
to the person in charge of the place.
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|
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| Entry
|
30. (1) Subject to subsection (2), for the
purposes of this Act, an enforcement officer
may, at any reasonable time, enter any place
in Canada in which the enforcement officer
believes, on reasonable grounds, there is
anything to which this Act applies or any
document relating to its administration.
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| Dwelling-hou
se
|
(2) An enforcement officer may not enter a
dwelling-house without the consent of the
occupant or pursuant to a warrant issued under
subsection (3).
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| Warrant for
inspection of
dwelling-hous
e
|
(3) If, on ex parte application, a justice is
satisfied by information on oath that
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|
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(a) the conditions for entry described in
subsection (1) exist in relation to a
dwelling-house,
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(b) entry to the dwelling-house is necessary
for any purpose relating to the
administration of this Act, and
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|
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(c) entry to the dwelling-house has been
refused or there are reasonable grounds for
believing that entry will be refused,
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|
the justice may issue a warrant authorizing the
enforcement officer named in it to conduct an
inspection of the dwelling-house, subject to
any conditions that may be specified in the
warrant, and authorizing any other person
named in the warrant to accompany the
enforcement officer and exercise any power
specified in the warrant.
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| Warrants for
inspection of
non-dwellings
|
(4) If, on ex parte application, a justice is
satisfied by information on oath that
|
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|
|
(a) the conditions for entry described in
subsection (1) exist in relation to a place
other than a dwelling-house,
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|
|
(b) entry to the place is necessary for any
purpose relating to the administration of
this Act,
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|
|
(c) entry to the place has been refused, the
enforcement officer was not able to enter
without the use of force or the place was
abandoned, and
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|
|
(d) subject to subsection (5), all reasonable
attempts were made to notify the owner,
operator or person in charge of the place,
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|
|
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 in the warrant to accompany the
enforcement officer and exercise any power
specified in the warrant.
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| Waiving
notice
|
(5) The justice may waive the requirement
to give notice under paragraph (4)(d) if he or
she 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.
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| 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.
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| Stopping and
detaining
conveyances
|
(7) For the purposes of this Act, 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.
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| Vessels and
aircraft
|
(8) For the purposes of this Act but subject
to subsection (2), if an enforcement officer
believes on reasonable grounds that there is,
on any vessels or aircraft in Canada, anything
to which this Act applies or any document
relating to its administration, the officer may,
at any reasonable time,
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|
(a) direct that the vessel be stopped or be
moved to a place where an inspection can be
carried out and may, for a reasonable time,
detain the vessel;
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|
|
(b) board the vessel or aircraft; or
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|
|
(c) travel on the vessel or aircraft.
|
|
| Powers of
inspection
|
(9) In carrying out an inspection of a place
under this section, an enforcement officer
may, for the purposes of this Act,
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|
|
(a) examine any substance, product or other
thing relevant to the administration of this
Act that is found in the place;
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|
(b) open and examine any receptacle or
package found that he or she believes on
reasonable grounds contains any substance,
product or other thing;
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|
(c) examine any books, records, electronic
data or other documents that he or she
believes on reasonable grounds contain any
information relevant to the administration
of this Act and make copies of them or take
extracts from them;
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|
(d) take samples of anything relevant to the
administration of this Act; and
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|
|
(e) conduct any tests or take any
measurements.
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|
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|
|
| Analysts
|
(10) 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
accompanying the enforcement officer, enter
the place and exercise any of the powers
described in subsection (9).
|
|
| Disposition of
samples
|
(11) An enforcement officer or analyst who
takes a sample referred to in paragraph (9)(d)
may dispose of it in any manner that the officer
or analyst considers appropriate.
|
|
| Operation of
computer
systems and
copying
equipment
|
(12) In carrying out an inspection, an
enforcement officer may
|
|
|
|
(a) use or cause to be used any computer
system or data processing system at the
place being inspected to examine any data
contained in, or available to, the system;
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|
(b) reproduce any record, or cause it to be
reproduced from the data, in the form of a
printout or other intelligible output and
remove the printout or other output for
examination or copying; and
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|
|
(c) use or cause to be used any copying
equipment at the place being inspected to
make copies of any books, records,
electronic data or other documents.
|
|
| Duty of
person in
possession or
control
|
(13) 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 (12).
|
|
| Assistance
|
(14) The owner or person in charge of a
place being inspected under this section, and
every person found in the place, shall
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|
|
(a) give the enforcement officer or analyst
all reasonable assistance to enable the
officer or analyst to carry out their functions
under this Act; and
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