M-11.6 - Act respecting certain measures enabling the enforcement of environmental and dam safety legislation

Section 10 Disposition versions

2022-05-12

10. Any penal investigator may, without the judicial authorization set out in section 9, exercise any power set out in sections 5 and 6 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 life, 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.

However, in a dwelling house, such a power may be exercised without judicial authorization only if the person exercising the power has reasonable grounds to believe that human life, health or safety is in danger or, as the case may be, that serious damage or harm to the environment, to living species or to property may be caused.

Despite the second paragraph, such a power may not be exercised without judicial authorization in a dwelling house to see to the enforcement of the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (chapter A-33.02).

2022, c. 8, s. 1.

Not in force

In force: 2022-05-12

10. Any penal investigator may, without the judicial authorization set out in section 9, exercise any power set out in sections 5 and 6 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 life, 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.

However, in a dwelling house, such a power may be exercised without judicial authorization only if the person exercising the power has reasonable grounds to believe that human life, health or safety is in danger or, as the case may be, that serious damage or harm to the environment, to living species or to property may be caused.

Despite the second paragraph, such a power may not be exercised without judicial authorization in a dwelling house to see to the enforcement of the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (chapter A-33.02).

2022, c. 8, s. 1.