Q-2 - Environment Quality Act

Section 119.1 Disposition versions

2022-05-12

119.1. (Replaced).

1990, c. 4, s. 744; 2011, c. 20, s. 35; 2017, c. 4, s. 193; 2022, c. 8, s. 135.

2018-03-23

119.1. A functionary authorized by the Minister for that purpose who has reasonable grounds to believe that an offence against any provision of this Act or the regulations thereunder has been committed may, at the time of an inquiry relating to the offence, apply to a judge for authorization to enter any place to perform any act described in section 119 that, without such authorization, would constitute an unreasonable search or seizure.

The application for authorization shall be accompanied with a sworn declaration in writing of the functionary.

The declaration shall include, in particular, the following information:

(1)  a description of the offence that is the subject of the inquiry;

(2)  the reasons why performance of the act that is the subject of the application will provide evidence of the commission of the offence;

(3)  the description of the place referred to in the application;

(4)  the time needed to perform the act that is the subject of the application;

(5)  the period when the act that is the subject of the application is to be performed.

The judge may grant the authorization on the terms and conditions the judge determines if satisfied, on the strength of the declaration, that performance of the act that is the subject of the application will provide evidence of the commission of the offence. The judge who grants the authorization may order any person to lend assistance if it may reasonably be necessary for performance of the authorized act.

A functionary authorized therefor by the Minister may, without authorization, perform an act described in section 119 if, given the urgency of the situation, the conditions to be met and the time needed to obtain authorization,

(1)  may result in danger to human health or safety;

(2)  may cause serious damage or harm to the environment, to living species or to property;

(3)  may result in the loss, disappearance or destruction of the evidence.

1990, c. 4, s. 744; 2011, c. 20, s. 35; 2017, c. 4, s. 193.

2011-11-04

119.1. A functionary authorized by the Minister for that purpose who has reasonable grounds to believe that an offence against any provision of this Act or the regulations thereunder has been committed may, at the time of an inquiry relating to the offence, apply to a judge for authorization to enter any place to perform any act described in section 119 that, without such authorization, would constitute an unreasonable search or seizure.

The application for authorization shall be accompanied with a sworn declaration in writing of the functionary.

The declaration shall include, in particular, the following information:

(1)  a description of the offence that is the subject of the inquiry;

(2)  the reasons why performance of the act that is the subject of the application will provide evidence of the commission of the offence;

(3)  the description of the place referred to in the application;

(4)  the time needed to perform the act that is the subject of the application;

(5)  the period when the act that is the subject of the application is to be performed.

The judge may grant the authorization on the terms and conditions the judge determines if satisfied, on the strength of the declaration, that performance of the act that is the subject of the application will provide evidence of the commission of the offence. The judge who grants the authorization may order any person to lend assistance if it may reasonably be necessary for performance of the authorized act.

A functionary authorized therefor by the Minister may, without authorization, perform an act described in section 119 if, given the urgency of the situation, the conditions to be met and the time needed to obtain authorization,

(1)  may result in danger to human health or safety;

(2)  may cause damage or serious harm to the quality of the soil, to vegetation, to wildlife or to property;

(3)  may result in the loss, disappearance or destruction of the evidence.

1990, c. 4, s. 744; 2011, c. 20, s. 35.

1993-11-01

119.1. A functionary authorized by the Minister for that purpose who has reasonable grounds to believe that an offence against any provision of this Act or the regulations thereunder has been committed may, at the time of an inquiry relating to the offence, apply to a judge for authorization to enter any place to instal measuring apparatus, to make analyses and to examine the premises and the books.

The application for authorization shall be accompanied with a sworn declaration in writing of the functionary.

The declaration shall include, in particular, the following information:

(1)  a description of the offence that is the subject of the inquiry;

(2)  the reasons for which the installation, analysis or examination is necessary for the inquiry;

(3)  the description of the place referred to in the application;

(4)  the time provided for the installation, analysis or examination;

(5)  the period provided for the collection of data.

The judge shall give the authorization on the terms and conditions he determines if he believes, on the strength of the declaration, that the installation, analysis or examination is necessary for the purposes of proving the commission of the offence.

A functionary authorized therefor by the Minister may exercise the powers conferred under the first two paragraphs if the time involved in obtaining a warrant, taking into account the exigent circumstances,

(1)  may result in danger to human health or safety;

(2)  may cause damage or serious harm to the quality of the soil, to vegetation, to wildlife or to property;

(3)  may result in the loss, disappearance or destruction of the evidence.

1990, c. 4, s. 744.