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

Section 5 Disposition versions

2022-05-12

5. Inspectors may, at any reasonable time, enter areas governed by the Natural Heritage Conservation Act (chapter C-61.01), land, including private land, a building, including a dwelling house, or a vehicle, boat or aircraft to examine the premises and conduct an inspection. They may, in such cases, by any reasonable, appropriate means:

(1)  record the state of a place or any natural setting or property that is part of it;

(2)  collect samples, conduct tests and perform analyses;

(3)  carry out any necessary excavation or drilling to assess the state of the premises;

(4)  install measuring apparatus necessary for taking measurements on the premises and subsequently remove the apparatus;

(5)  take measurements, including continuous measurements, using an apparatus they install or that is already on the premises, for any reasonable period of time they determine;

(6)  access a facility, including a secure facility, found on the premises;

(7)  set in action or use an apparatus or equipment to ensure that the inspection is properly conducted or require the apparatus or equipment to be set in action or used within the time and according to the conditions they specify;

(8)  open or require the opening of a container or package, within the time and according to the conditions they specify;

(9)  require the provision of any information relating to the application of this Act or the Acts concerned and the communication of any relevant documents for examination, recording and reproduction;

(10)  use any computer, equipment or other thing that is on the premises to access data relating to the application of this Act or the Acts concerned that is contained in an electronic device, computer system or other medium or to inspect, examine, process, copy or print out such data; and

(11)  be accompanied by any person whose presence is considered necessary for the purposes of the inspection, who may then exercise the powers set out in subparagraphs 1 to 10.

For the purposes of the first paragraph, inspectors may enter a dwelling house without the consent of the owner or lessee only

(1)  if, given the urgency of the situation, there is, as the case may be, a serious risk of danger to human life, health or safety, of causing serious damage or harm to the environment, to living species or to property, or of the loss, disappearance or destruction of evidence; or

(2)  to ensure compliance with the provisions of this Act or the Acts concerned determined by regulation of the Minister.

Despite the first paragraph, only the powers set out in subparagraphs 9 to 11 may be applied 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). Any person who accompanies an inspector under subparagraph 11 may exercise only the powers set out in subparagraphs 9 and 10. Despite the second paragraph, the powers set out in subparagraphs 9 to 11 of the first paragraph may not be enforced 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.

2022, c. 8, s. 1.

Not in force

In force: 2022-05-12

5. Inspectors may, at any reasonable time, enter areas governed by the Natural Heritage Conservation Act (chapter C-61.01), land, including private land, a building, including a dwelling house, or a vehicle, boat or aircraft to examine the premises and conduct an inspection. They may, in such cases, by any reasonable, appropriate means:

(1)  record the state of a place or any natural setting or property that is part of it;

(2)  collect samples, conduct tests and perform analyses;

(3)  carry out any necessary excavation or drilling to assess the state of the premises;

(4)  install measuring apparatus necessary for taking measurements on the premises and subsequently remove the apparatus;

(5)  take measurements, including continuous measurements, using an apparatus they install or that is already on the premises, for any reasonable period of time they determine;

(6)  access a facility, including a secure facility, found on the premises;

(7)  set in action or use an apparatus or equipment to ensure that the inspection is properly conducted or require the apparatus or equipment to be set in action or used within the time and according to the conditions they specify;

(8)  open or require the opening of a container or package, within the time and according to the conditions they specify;

(9)  require the provision of any information relating to the application of this Act or the Acts concerned and the communication of any relevant documents for examination, recording and reproduction;

(10)  use any computer, equipment or other thing that is on the premises to access data relating to the application of this Act or the Acts concerned that is contained in an electronic device, computer system or other medium or to inspect, examine, process, copy or print out such data; and

(11)  be accompanied by any person whose presence is considered necessary for the purposes of the inspection, who may then exercise the powers set out in subparagraphs 1 to 10.

For the purposes of the first paragraph, inspectors may enter a dwelling house without the consent of the owner or lessee only

(1)  if, given the urgency of the situation, there is, as the case may be, a serious risk of danger to human life, health or safety, of causing serious damage or harm to the environment, to living species or to property, or of the loss, disappearance or destruction of evidence; or

(2)  to ensure compliance with the provisions of this Act or the Acts concerned determined by regulation of the Minister.

Despite the first paragraph, only the powers set out in subparagraphs 9 to 11 may be applied 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). Any person who accompanies an inspector under subparagraph 11 may exercise only the powers set out in subparagraphs 9 and 10. Despite the second paragraph, the powers set out in subparagraphs 9 to 11 of the first paragraph may not be enforced 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.

2022, c. 8, s. 1.