Canada Shipping Act, 2001

Marginal note:Powers of pollution response officer

• 176 (1) For the purpose of exercising his or her powers under this Part, a pollution response officer may

  • (a) board any vessel or enter any premises or other place at any reasonable time;

  • (b) direct any person to provide reasonable assistance or put into operation or cease operating any machinery or equipment;

  • (c) direct any person to provide any information that the officer may reasonably require in the administration of this Part;

  • (d) direct any person to produce for inspection, or for the purpose of making copies or taking extracts, any log book or other document;

  • (e) take photographs and make video recordings and sketches;

  • (f) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

  • (g) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;

  • (h) take any document or other thing from the place where the inspection is being carried out for examination or, in the case of a document, copying; and

  • (i) use or cause to be used any copying equipment in the place where the inspection is being carried out to make copies of any documents.

• Marginal note:Limitation

  (2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (3).

• Marginal note:Authority to issue warrant

  (3) On ex parte application, a justice of the peace may issue a warrant authorizing a pollution response officer to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

  • (a) is necessary for any purpose related to the carrying out of the officer’s powers under this Part; and

  • (b) has been refused or there are reasonable grounds for believing that it will be refused.

• Marginal note:Use of force

  (4) No officer executing a warrant may use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

• Marginal note:Return of documents and things

  (5) Documents or other things taken under paragraph (1)(h) must be returned as soon as feasible after they are no longer required for the inspection or for any proceedings that may result from it.