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

Section 6 Disposition versions

2022-05-12

6. Inspectors may also exercise the following powers:

(1)  immediately seize any thing

(a)  that has been used to commit an offence against this Act or the Acts concerned;

(b)  that may be used to prove an offence against this Act or the Acts concerned;

(c)  the possession of which constitutes an offence against this Act or the Acts concerned;

(d)  that was obtained, directly or indirectly, through the perpetration of an offence against this Act or the Acts concerned; or

(e)  mixed with a material or a substance so as to render it difficult to distinguish in one of the cases mentioned in subparagraphs a to d;

(2)  install or remove any notice concerning a matter governed by this Act or the Acts concerned or require such a notice to be installed or removed, within the time and according to the conditions they specify;

(3)  require that a product, device, apparatus or equipment cease to be offered for sale if its sale or use is prohibited under the Acts concerned;

(4)  require a person to produce the authorization allowing them to carry on an activity governed by the Acts concerned, where such an authorization is required;

(5)  require a vehicle, boat or aircraft to be stopped or moved, within the time and according to the conditions they specify;

(6)  require a person, by any means that allows proof of receipt at a specific time, to communicate to the inspector any information or document concerning the application of the Acts concerned, within the time and according to the conditions the inspector specifies; and

(7)  visit the premises referred to in section 5 and exercise the powers set out in section 5

(a)  to assess the condition of the premises in order to perform work; and

(b)  following a finding of guilt, to document any application made to a judge in order to obtain an order under section 55.

The rules established by the Code of Penal Procedure (chapter C-25.1) apply, with the necessary modifications, to things seized under subparagraph 1 of the first paragraph, except in respect of section 129 for the custody of the thing seized. In such a case, the inspector has custody of the thing seized even when it is submitted in evidence and until a judge declares it forfeited or orders it returned to its owner, unless the judge decides otherwise. However, the Minister may authorize an inspector to entrust the offender with the custody of the thing seized, and the offender must accept custody of it until a judge declares it forfeited or orders it returned to its owner.

Despite the first paragraph, only the powers set out in subparagraph 6 apply 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

6. Inspectors may also exercise the following powers:

(1)  immediately seize any thing

(a)  that has been used to commit an offence against this Act or the Acts concerned;

(b)  that may be used to prove an offence against this Act or the Acts concerned;

(c)  the possession of which constitutes an offence against this Act or the Acts concerned;

(d)  that was obtained, directly or indirectly, through the perpetration of an offence against this Act or the Acts concerned; or

(e)  mixed with a material or a substance so as to render it difficult to distinguish in one of the cases mentioned in subparagraphs a to d;

(2)  install or remove any notice concerning a matter governed by this Act or the Acts concerned or require such a notice to be installed or removed, within the time and according to the conditions they specify;

(3)  require that a product, device, apparatus or equipment cease to be offered for sale if its sale or use is prohibited under the Acts concerned;

(4)  require a person to produce the authorization allowing them to carry on an activity governed by the Acts concerned, where such an authorization is required;

(5)  require a vehicle, boat or aircraft to be stopped or moved, within the time and according to the conditions they specify;

(6)  require a person, by any means that allows proof of receipt at a specific time, to communicate to the inspector any information or document concerning the application of the Acts concerned, within the time and according to the conditions the inspector specifies; and

(7)  visit the premises referred to in section 5 and exercise the powers set out in section 5

(a)  to assess the condition of the premises in order to perform work; and

(b)  following a finding of guilt, to document any application made to a judge in order to obtain an order under section 55.

The rules established by the Code of Penal Procedure (chapter C-25.1) apply, with the necessary modifications, to things seized under subparagraph 1 of the first paragraph, except in respect of section 129 for the custody of the thing seized. In such a case, the inspector has custody of the thing seized even when it is submitted in evidence and until a judge declares it forfeited or orders it returned to its owner, unless the judge decides otherwise. However, the Minister may authorize an inspector to entrust the offender with the custody of the thing seized, and the offender must accept custody of it until a judge declares it forfeited or orders it returned to its owner.

Despite the first paragraph, only the powers set out in subparagraph 6 apply 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.