C-61.01 - Natural Heritage Conservation Act

Section 66.4 Disposition versions

2022-05-12

66.4. (Repealed).

2021, c. 1, s. 38; 2022, c. 8, s. 19.

2021-03-19

66.4. A public servant who is authorized to investigate by the Minister and who has reasonable grounds to believe that an offence against any provision of this Act or the regulations has been committed may, at the time of an investigation relating to the offence, apply to a judge for authorization to enter any place to perform any act described in section 66 that, without such authorization, would constitute an unreasonable search or seizure.

The application for authorization must be supported by a sworn declaration in writing of the public servant.

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

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

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

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

(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 conditions the judge determines if satisfied, on the strength of the declaration, that there are reasonable grounds to believe an offence has been committed and 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 to the applicant if it may reasonably be necessary for the performance of the authorized act.

A public servant authorized to investigate by the Minister may, without authorization, perform an act described in section 66 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; or

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

2021, c. 1, s. 38.