Q-2 - Environment Quality Act

Section 120.1 Disposition versions

2022-05-12

120.1. (Replaced).

1978, c. 64, s. 47; 1988, c. 49, s. 32; 1990, c. 4, s. 745; 2017, c. 4, s. 195; 2022, c. 8, s. 135.

2018-03-23

120.1. Any functionary or person authorized by the Minister may make a search in accordance with the Code of Penal Procedure (chapter C-25.1).

For the purposes of the second paragraph of article 96 of the Code of Penal Procedure, danger to the safety of property also exists where the functionary or the authorized person has reasonable grounds to believe that the time that would be involved in obtaining a warrant or a telewarrant may cause serious damage or harm to the environment or living species.

1978, c. 64, s. 47; 1988, c. 49, s. 32; 1990, c. 4, s. 745; 2017, c. 4, s. 195.

1993-11-01

120.1. Any functionary or person authorized by the Minister may make a search in accordance with the Code of Penal Procedure (chapter C-25.1).

For the purposes of the second paragraph of article 96 of the Code of Penal Procedure, danger to the safety of property also exists where the functionary or the authorized person has reasonable grounds to believe that the time that would be involved in obtaining a warrant or a telewarrant may cause damage or serious harm to the quality of the soil, to vegetation or to wildlife.

1978, c. 64, s. 47; 1988, c. 49, s. 32; 1990, c. 4, s. 745.

1989-02-22

120.1. Any justice of the peace who is satisfied, on the basis of a sworn statement by a functionary authorized for that purpose by the Minister, that the functionary has reasonable and probable grounds to believe that an offence under this Act or the regulations hereunder is being or has been committed and that some animate or inanimate object likely to afford evidence of the commission of such offence can be found at the location where the functionary is requesting to conduct a search, may issue a warrant, subject to such conditions as he shall specify therein, authorizing the functionary or another person named in the warrant to search for and seize the object.

For that purpose, the functionary or person to whom the warrant is issued may

(1)  enter after 7 a.m. and before 8 p.m. or at any hour specified in the warrant on land or into a building, vehicle or boat indicated in the warrant, and therein

(2)  collect samples;

(3)  install measuring devices;

(4)  carry out analyses;

(5)  consult records;

(6)  examine the premises.

A functionary authorized by the Minister for that purpose may exercise, without a warrant, the powers conferred by the first and second paragraphs if the conditions for issuance of the warrant have been met and if the delay necessary to obtain it, owing to exigent circumstances, may

(1)  endanger human life, health or safety;

(2)  harm or cause serious damage to soil quality, plant life, animal life or property which is likely to endanger human life, health or safety;

(3)  lead to the loss, disappearance or destruction of evidence.

1978, c. 64, s. 47; 1988, c. 49, s. 32.

1978-12-22

120.1. A functionary authorized by the Minister for that purpose may seize a product where he has reason to believe it contains contaminants to a degree higher than the norm prescribed by regulation of the Government.

1978, c. 64, s. 47.