International Bridges and Tunnels Act

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Sections243

• 1Short title

  This Act may be cited as the International Bridges and Tunnels Act.

• 2Definitions

  The following definitions apply in this Act.

• 2[p2]

  alteration includes a conversion, an extension and a change in the use of an international bridge or tunnel but does not include its operation, maintenance and repair. (modification)

• 2[p3]

  debt obligation means a bond, debenture, note or other evidence of indebtedness or guarantee of an entity, whether secured or unsecured. (titre de créance)

• 2[p4]

  entity means a corporation, partnership, trust, joint venture or unincorporated association or organization. (entité)

• 2[p5]

  international bridge or tunnel means a bridge or tunnel, or any part of it, that connects any place in Canada to any place outside Canada, and includes the approaches and facilities related to the bridge or tunnel. (pont ou tunnel international)

• 2[p6]

  Minister means the Minister of Transport. (ministre)

• 2[p7]

  security means

• 2[p7](a)

  in relation to a corporation, a share of any class of shares of the corporation or a debt obligation of the corporation, and includes a warrant of the corporation, but does not include a deposit with a financial institution or any instrument evidencing such a deposit; and

• 2[p7](b)

  in relation to any other entity, any ownership interest in or debt obligation of the entity. (titre)

• 3Binding on Her Majesty

  This Act is binding on Her Majesty in right of Canada or a province.

• 4Relationship with certain Acts
• 4(1)

  In the event of any inconsistency or conflict between this Act or any regulations made under it and any Act listed in the schedule, this Act and the regulations prevail to the extent of the inconsistency or conflict.

• 4(2)Amendment of schedule

  The Governor in Council may, on the recommendation of the Minister, make regulations amending the schedule by adding, chang­ing or deleting the name of an Act.

• 4(3)Application of other Acts

  Nothing in this Act or any regulations made under it affects the application of any other Act of Parliament, including any requirement for a person to obtain a licence, permit or other authorization in respect of an international bridge or tunnel.

• 4(4)Repealed

  [Repealed, 2009, c. 2, s. 341]

• 5Works for general advantage of Canada

  International bridges and tunnels are declared to be works for the general advantage of Canada.

• 6Prohibition

  No person shall construct or alter an international bridge or tunnel without the approval of the Governor in Council.

• 7Application for approval
• 7(1)

  Approval for the construction or alteration of an international bridge or tunnel may only be obtained by submitting an application to the Minister for approval by the Governor in Council.

• 7(1.1)Consultation

  The Minister may, if in the opinion of the Minister it is necessary having regard to all the circumstances, consult with the other levels of government that have jurisdiction over the place of the proposed construction or alteration and with any person who, in the opinion of the Minister, has a direct interest in the matter.

• 7(2)Documents or information

  A person who submits an application shall provide the Minister with any document or information that is required under guidelines issued by the Minister and any other document or information that is required by the Minister after receipt of the application.

• 7(3)Not statutory instruments

  The guidelines referred to in subsection (2) are not statutory instruments within the meaning of the Statutory Instruments Act.

• 8Approval of Governor in Council
• 8(1)

  The Governor in Council may, on the recommendation of the Minister, approve the proposed construction or alteration of an international bridge or tunnel subject to any terms and conditions that the Governor in Council considers appropriate.

• 8(2)Variation of terms and conditions

  The Governor in Council may vary or rescind the terms and conditions or impose new terms and conditions.

• 8(3)Compliance with terms and conditions

  Every person who is subject to terms and conditions shall comply with them.

• 9Ministerial order
• 9(1)

  If an international bridge or tunnel is constructed or altered without the approval of the Governor in Council, the Minister may

• 9(1)(a)

  order any person to refrain from proceeding with the construction or alteration of the bridge or tunnel;

• 9(1)(b)

  order the owner of the bridge or tunnel to remove or alter the bridge or tunnel; and

• 9(1)(c)

  if the owner of the bridge or tunnel fails to comply with an order made under paragraph (b), remove and destroy the bridge or tunnel and sell, give away or otherwise dispose of the materials contained in the bridge or tunnel.

• 9(2)Costs of removal, destruction or disposal

  The costs of and incidental to anything done by the Minister under paragraph (1)(c) are — after deducting any sum that may be realized by sale or otherwise — recoverable with costs by Her Majesty in right of Canada from the owner as a debt due to Her Majesty.

• 10Offence
• 10(1)

  Every person who contravenes section 6 or subsection 8(3) or fails to comply with an order of the Minister under paragraph 9(1)(a) or (b) is guilty of an offence and is liable

• 10(1)(a)

  on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both; or

• 10(1)(b)

  on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

• 10(2)Continuing offence

  If the offence is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

• 10(3)Officers, etc., of corporations

  If the offence is committed by a corporation, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

• 11Court may order forfeiture
• 11(1)

  If a person is convicted on indictment of an offence referred to in subsection 10(1), the court may, in addition to any other punishment that it may impose, order that the international bridge or tunnel, or anything used in its construction or alteration, (in this section referred to as the “property”) be forfeited and, on the making of the order, the property is forfeited to Her Majesty in right of Canada.

• 11(2)Application by person claiming interest

  If any property is forfeited under subsection (1), any person, other than a person convicted of the offence that resulted in the forfeiture, who claims a right or interest in the property, may, within 30 days after the forfeiture, apply by notice in writing to a judge of the superior court of the province where the property is situated for an order under subsection (5).

• 11(3)Date of hearing

  A judge to whom the application is made shall fix a day not less than 30 days after the date of filing of the application for the hearing of the application.

• 11(4)Notice

  An applicant shall serve on the Minister a notice of the application and the day fixed for the hearing of the application at least 15 days before the day fixed for the hearing.

• 11(5)Order by judge

  The applicant is entitled to an order by a judge declaring that the applicant’s right or interest is not affected by the forfeiture if, on the hearing of the application, the judge is satisfied that the applicant The judge shall include in the order a declaration of the nature and extent of the applicant’s right or interest.

• 11(5)(a)

  is innocent of any complicity in the offence that resulted in the forfeiture and of any collusion in relation to the offence with the person convicted of the offence; and

• 11(5)(b)

  exercised reasonable care to prevent the property from being constructed, altered or used, as the case may be, in contravention of this Act.

• 11(6)Appeal

  An appeal from an order or refusal to make an order under subsection (5) lies to the court to which an appeal may be taken from an order of the superior court in the province in which the forfeiture occurred, and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the court from orders or judgments of a judge of the superior court.

• 11(7)Application to Minister

  The Minister shall, on application made to the Minister by any person who has obtained an order under subsection (5),

• 11(7)(a)

  direct that the property to which the applicant’s right or interest relates be returned to the applicant; or

• 11(7)(b)

  direct that an amount equal to the value of the applicant’s right or interest, as declared in the order, be paid to the applicant.

• 11(8)Disposal of forfeited property

  If no application is made under this section for an order in relation to a right or interest in any property or an application is made and the judge or, on appeal, the court refuses to make an order referred to in subsection (5), the property shall be disposed of in any manner that the Minister may direct.

• 12Expropriation

  If a person requires an interest in land or an immovable real right within the meaning of section 2 of the Expropriation Act, for the purposes of the construction or alteration of an international bridge or tunnel and has unsuccessfully attempted to purchase the interest in land or the immovable real right, the person may request the Minister to have the Minister of Public Works and Government Services have the interest in land or the immovable real right expropriated by the Crown and section 4.1 of that Act applies to that person, with any modifications that are necessary, as if the person were a railway company.

• 13Ministerial order

  The Minister may order the owner or operator of an international bridge or tunnel to take any action that the Minister considers appropriate to ensure that it is kept in good condition.

• 14Regulations

  The Governor in Council may, on the recommendation of the Minister, make regulations respecting the maintenance and repair of international bridges and tunnels, including regulations

• 14(a)

  requiring the owner or operator of an international bridge or tunnel to prepare reports for the Minister on the condition of the bridge or tunnel;

• 14(b)

  specifying the information that is to be included in the reports and when they must be prepared and sent to the Minister;

• 14(c)

  requiring any person or class of persons to provide to the Minister any information related to the maintenance and repair of international bridges and tunnels; and

• 14(d)

  providing for the inspection of international bridges and tunnels by the Minister or a person designated by the Minister.

• 15Regulations
• 15(1)

  The Governor in Council may, on the recommendation of the Minister, make regulations respecting the operation and use of international bridges and tunnels, including regulations

• 15(1)(a)

  respecting the use that may be made of international bridges or tunnels by different types of vehicles;

• 15(1)(b)

  respecting any matter relating to complaints in respect of tolls, fees and other charges, including the procedures to be followed and the person or body who is responsible for dealing with complaints;

• 15(1)(c)

  respecting the level of service that is to be provided by owners or operators of international bridges or tunnels; and

• 15(1)(d)

  requiring any person or class of persons to provide to the Minister any information related to the operation and use of international bridges and tunnels.

• 15(2)Consultations

  Before recommending that a regulation be made under subsection (1), the Minister shall, if in the opinion of the Minister it is necessary having regard to all the circumstances, consult with the other levels of government that have jurisdiction over any place where an international bridge or tunnel is situated and with any person who, in the opinion of the Minister, has a direct interest in the matter.

• 15.1Ministerial order

  If the Minister is of the opinion that a change in the tolls, fees or other charges for the use of an international bridge or tunnel is resulting in adverse effects on the flow of traffic, the Minister may, with the approval of the Governor in Council, order the owner or operator of the bridge or tunnel to impose the tolls, fees or other charges that, in the opinion of the Minister, would not result in adverse effects on the flow of traffic. Before ordering an owner or operator to impose specified tolls, fees or other charges, the Minister shall consult with the owner or operator concerning the impact that those tolls, fees or other charges could have on their financial situation.

• 16Regulations

  The Governor in Council may, on the recommendation of the Minister, make regulations respecting the security and safety of international bridges and tunnels, including regulations

• 16(a)

  requiring persons who own or operate international bridges or tunnels to develop and implement security plans and establish security management systems;

• 16(b)

  specifying what must be included in the security plans and requiring persons who own or operate international bridges or tunnels to make the additions, changes or deletions to their security plans that the Minister considers appropriate; and

• 16(c)

  requiring any person or class of persons to provide to the Minister any information related to the security and safety of international bridges and tunnels.

• 17Emergency directions

  If the Minister is of the opinion that there is an immediate threat to the security or safety of any international bridge or tunnel, the Minister may make directions — including directions respecting the evacuation of the bridge or tunnel and the diversion of traffic or persons — requiring any person to do, or to refrain from doing, anything that in the opinion of the Minister it is appropriate to do or refrain from doing in order to respond to the threat.

• 18Authorized officer may make emergency direction

  The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 17 whenever the officer is of the opinion that there is a threat referred to in that section.

• 19Duration

  A direction comes into force immediately when it is made but ceases to have force 30 days after it is made, unless the Minister or the officer who made it repeals it before the expiry of the 30 days.

• 20Relationship with regulations
• 20(1)

  A direction may provide that it applies in lieu of or in addition to any regulation made under section 16.

• 20(2)Conflict

  In the event of any inconsistency or conflict between a regulation and a direction, the direction prevails to the extent of the inconsistency or conflict.

• 21Not statutory instrument

  A direction made under section 17 or 18 is not a statutory instrument within the meaning of the Statutory Instruments Act.

• 22Offence
• 22(1)

  Every person who contravenes a regulation made under section 16 or a direction made under section 17 or 18 is guilty of an offence and is liable on summary conviction

• 22(1)(a)

  in the case of an individual, to a fine not exceeding $5,000; and

• 22(1)(b)

  in the case of a corporation, to a fine not exceeding $100,000.

• 22(2)Continuing offence

  If the offence is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

• 22(3)Officers, etc., of corporations

  If the offence is committed by a corporation, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

• 22(4)No offence

  A person authorized by the Minister to verify compliance with a regulation or a direction referred to in subsection (1) does not commit an offence if the person commits any act or omission that is required in the course of verifying compliance and that would otherwise constitute a contravention of a regulation or direction referred to in that subsection.

• 23Prohibition
• 23(1)

  No person shall, without the approval of the Governor in Council,

• 23(1)(a)

  purchase or otherwise acquire an international bridge or tunnel;

• 23(1)(b)

  operate an international bridge or tunnel; or

• 23(1)(c)

  acquire control of an entity that owns or operates an international bridge or tunnel.

• 23(2)Interpretation

  For the purpose of this section and sections 26 and 28,

• 23(2)(a)

  a person controls a corporation that owns or operates an international bridge or tunnel if securities of the corporation to which are attached more than 50 per cent of the votes that may be cast to elect directors of the corporation are beneficially owned by that person and the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation;

• 23(2)(b)

  a person controls an unincorporated entity, other than a limited partnership, that owns or operates an international bridge or tunnel if more than 50 per cent of the ownership interests, however designated, into which the entity is divided are beneficially owned by that person and the person is able to direct the business and affairs of the entity;

• 23(2)(c)

  the general partner of a limited partnership that owns or operates an international bridge or tunnel controls the limited partnership; and

• 23(2)(d)

  a person controls an entity that owns or operates an international bridge or tunnel if the person has any direct or indirect influence that, if exercised, would result in control in fact of the entity.

• 23(3)Deemed control

  A person is deemed to control an entity referred in paragraph 2(a) or (b) if that person and any entities controlled by that person beneficially own securities of the entity and that person and those entities, if they were considered as one person, would control the entity.

• 24Application for approval
• 24(1)

  Approval for anything referred to in paragraphs 23(1)(a) to (c) may only be obtained by submitting an application to the Minister for approval by the Governor in Council.

• 24(1.1)Consultation

  The Minister may, if in the opinion of the Minister it is necessary having regard to all the circumstances, consult with the other levels of government that have jurisdiction over the place where the international bridge or tunnel that is the subject of the application is situated and with any person who, in the opinion of the Minister, has a direct interest in the matter.

• 24(2)Documents or information

  A person who submits an application shall provide the Minister with any document or information that is required under guidelines issued by the Minister and any other document or information that is required by the Minister after receipt of the application.

• 24(3)Not statutory instruments

  The guidelines referred to in subsection (2) are not statutory instruments within the meaning of the Statutory Instruments Act.

• 25Approval of Governor in Council
• 25(1)

  The Governor in Council may, on the recommendation of the Minister, approve an application referred to in section 24 subject to any terms and conditions that the Governor in Council considers appropriate.

• 25(2)Variation of terms and conditions

  The Governor in Council may vary or rescind the terms and conditions or impose new terms and conditions.

• 25(3)Compliance with terms and conditions

  Every person who is subject to terms and conditions shall comply with them.

• 26Ministerial order
• 26(1)

  The Minister may, in accordance with any terms and conditions that the Minister considers appropriate, order a person

• 26(1)(a)

  to sell, assign, transfer or otherwise dispose of an international bridge or tunnel if the person purchased or otherwise acquired it without the approval of the Governor in Council;

• 26(1)(b)

  to cease operating an international bridge or tunnel if the person is operating it without the approval of the Governor in Council; and

• 26(1)(c)

  to relinquish control of an entity that owns or operates an international bridge or tunnel if the person acquired control of the entity without the approval of the Governor in Council.

• 26(2)Interim manager

  The Minister may, if an order is made under subsection (1), appoint a person to manage and operate the international bridge or tunnel on an interim basis and in accordance with any terms and conditions that the Minister may specify.

• 27Offence
• 27(1)

  Every person who contravenes section 23 or subsection 25(3) or fails to comply with an order of the Minister under section 26 is guilty of an offence and is liable

• 27(1)(a)

  on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both; or

• 27(1)(b)

  on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both.

• 27(2)Continuing offence

  If the offence is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

• 27(3)Officers, etc., of corporations

  If the offence is committed by a corporation, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

• 28Regulations

  The Governor in Council may, on the recommendation of the Minister, make regulations requiring any person or class of persons to provide to the Minister any information related to the ownership of international bridges and tunnels and the control of any entity that owns or operates an international bridge or tunnel.

• 29Letters patent
• 29(1)

  The Governor in Council may, on the recommendation of the Minister, issue letters patent of incorporation for the establishment of a corporation, with or without share capital, for any purpose relating to the construction or operation of an international bridge or tunnel. Letters patent take effect on the date stated in them.

• 29(2)Contents of letters patent

  The letters patent may include the following:

• 29(2)(a)

  the corporate name of the corporation;

• 29(2)(b)

  the objects of the corporation;

• 29(2)(c)

  provisions specifying the activities that may, or may not, be carried on by the corporation;

• 29(2)(d)

  the place where the registered office of the corporation is located;

• 29(2)(e)

  provisions regarding the keeping of, and access to, records of the corporation;

• 29(2)(f)

  the number of directors to be appointed and provisions governing their appointment, term of office, remuneration, indemnification and removal;

• 29(2)(g)

  provisions regarding the powers, duties and functions of the directors and meetings of the directors;

• 29(2)(h)

  a code of conduct governing the conduct of the directors and officers of the corporation;

• 29(2)(i)

  provisions for the holding of meetings of members or shareholders of the corporation, including an annual public meeting;

• 29(2)(j)

  provisions regarding the ownership of, or membership in, the corporation;

• 29(2)(k)

  provisions regarding the management and control of the corporation;

• 29(2)(l)

  provisions regarding financial statements and corporate finance, including provisions regarding the power of the corporation to borrow money on the credit of the corporation and to issue debt obligations and provide security for its obligations;

• 29(2)(m)

  provisions regarding subsidiaries of the corporation, including the management and control of subsidiaries and their activities;

• 29(2)(n)

  provisions regarding any fundamental changes to the corporation, including the amalgamation, continuance, liquidation or dissolution of the corporation; and

• 29(2)(o)

  any other provision that the Governor in Council considers appropriate to include in the letters patent and that is not inconsistent with this Act.

• 29(3)Supplementary letters patent

  The Governor in Council may, on the recommendation of the Minister, issue supplementary letters patent amending the letters patent of a corporation, and the supplementary letters patent take effect on the date stated in them.

• 29(4)Revocation of letters patent

  The Governor in Council may, on the recommendation of the Minister, revoke the letters patent or supplementary letters patent of a corporation by issuing a notice to that effect. The revocation takes effect on the date stated in the notice.

• 29(5)Not statutory instruments

  Letters patent, supplementary letters patent and a notice of revocation are not statutory instruments within the meaning of the Statutory Instruments Act, but shall be published in the Canada Gazette and are valid with respect to third parties as of the date of publication.

• 30Deemed knowledge of letters patent

  A person who deals with a corporation, acquires rights from a corporation or directly or indirectly acquires rights relating to a corporation is deemed to know the contents of the letters patent of the corporation.

• 31Regulations
• 31(1)

  For the purposes of this Act, the Governor in Council may, on the recommendation of the Minister, make regulations, in respect of one or more corporations, regarding any matter referred to in subsection 29(2).

• 31(2)Conflict

  In the event of any inconsistency or conflict between the regulations made under subsection (1) and the letters patent or supplementary letters patent of a corporation, the regulations prevail to the extent of the inconsistency or conflict.

• 32Capacity and powers
• 32(1)

  A corporation that is incorporated for any purpose relating to the construction or operation of an international bridge or tunnel in respect of which its letters patent are issued has, for that purpose and for the purposes of this Act, the capacity, rights, powers and privileges of a natural person.

• 32(2)Restriction on activities and powers

  A corporation shall not carry on any activity or exercise any power that it is restricted by its letters patent, or by regulations made under subsection 31(1), from carrying on or exercising, nor shall it exercise any of its powers or carry on any of its activities in a manner contrary to its letters patent, those regulations or this Act.

• 32(3)Within Canada

  A corporation may carry on its activities throughout Canada.

• 32(4)Extra-territorial capacity

  A corporation has the capacity to carry on its activities, conduct its affairs and exercise its powers in any jurisdiction outside Canada to the extent that the laws of that jurisdiction permit.

• 33Charges
• 33(1)

  Subject to this Act and to its letters patent, a corporation may fix and charge tolls, fees or other charges for the use of an international bridge or tunnel.

• 33(2)Authorization by corporation

  The corporation may authorize another person to fix or charge tolls, fees or other charges for the use of the international bridge or tunnel.

• 34Power to manage

  The directors shall manage, or supervise the management of, the activities and affairs of the corporation.

• 35Duty of care of directors and officers
• 35(1)

  Every director and officer of a corporation shall, in exercising powers and discharging duties,

• 35(1)(a)

  act honestly and in good faith with a view to the best interests of the corporation; and

• 35(1)(b)

  exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.

• 35(2)Duty to comply

  Every director and officer of a corporation shall comply with this Act, any regulations made under subsection 31(1) and the letters patent and by-laws of the corporation.

• 35(3)No exculpation

  No provision in a contract or resolution relieves a director or officer from the duty to comply with subsection (2) or from liability for non-compliance.

• 36Power to make by-laws

  Unless the letters patent or any regulations made under subsection 31(1) provide otherwise, the directors of a corporation may make, amend or repeal by-laws that regulate the affairs of the corporation.

• 37Financial Administration Act

  For the purposes of section 90 of the Financial Administration Act, Her Majesty in right of Canada, or a parent Crown corporation within the meaning of section 83 of that Act, is authorized to acquire, hold, dispose of and otherwise deal with shares of a corporation that owns or operates an international bridge or tunnel.

• 38False statements or information
• 38(1)

  No person shall knowingly, in connection with any matter under this Act, make any false or misleading statement, orally or in writing, or provide false or misleading information to the Minister, any person acting on behalf of the Minister or a person designated by the Minister under subsection 39(1).

• 38(2)Obstruction

  No person shall knowingly obstruct or hinder a person referred to in subsection (1) who is engaged in carrying out functions under this Act.

• 39Powers
• 39(1)

  Subject to subsection (6), the Minister or a person designated by the Minister may, for the purpose of ensuring compliance with this Act and any regulation, order or directive made under this Act,

• 39(1)(a)

  enter and inspect any place at any reasonable time;

• 39(1)(b)

  remove any document or other thing from any place referred to in paragraph (a) for examination or, in the case of a document, copying; and

• 39(1)(c)

  seize anything found in any place referred to in paragraph (a) that the Minister or a person designated by the Minister believes on reasonable grounds will afford evidence with respect to an offence under this Act.

• 39(2)Certification of designated persons

  Every person designated by the Minister shall receive an authorization in the form that may be established by the Minister attesting to the person’s designation. On entering any place, the person shall, if requested, produce the authorization to the person in charge of the place.

• 39(3)Computers

  In conducting an inspection, the Minister or a person designated by the Minister may

• 39(3)(a)

  use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

• 39(3)(b)

  reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and

• 39(3)(c)

  use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.

• 39(4)Search warrants

  Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Act.

• 39(5)Regulations

  The Governor in Council may, on the recommendation of the Minister, make regulations respecting

• 39(5)(a)

  the protection and preservation of any evidence that has been seized without a warrant under paragraph (1)(c); and

• 39(5)(b)

  the return of the evidence to the person from whom it was seized or to any other person entitled to its possession.

• 39(6)Dwelling-house

  If any place referred to in paragraph (1)(a) is a dwelling-house, the Minister or a person designated by the Minister may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (7).

• 39(7)Authority to issue warrant

  On ex parte application, a justice of the peace may issue a warrant authorizing the Minister or a person designated by the Minister to enter a dwelling-house, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that

• 39(7)(a)

  entry to a dwelling-house is necessary for the purpose of performing any function of the Minister pursuant to this Act; and

• 39(7)(b)

  entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused.

• 39(8)Use of force

  In executing the warrant, the Minister or a person designated by the Minister shall not use force unless they are accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

• 40Duty to assist Minister

  The owner or person who is in possession or control of a place that is entered or inspected under subsection 39(1), and every person who is found in the place, shall

• 40(a)

  give the Minister or a person designated by the Minister all reasonable assistance to enable them to carry out the inspection and exercise any power conferred on them by that subsection; and

• 40(b)

  provide the Minister or a person designated by the Minister with any information relevant to the administration of this Act or the regulations, orders, directions or notices made under this Act that they may reasonably require.

• 41Injunction
• 41(1)

  If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering any person named in the application

• 41(1)(a)

  to refrain from doing any act or thing that, in the opinion of the court, may constitute or be directed toward the commission of the offence; or

• 41(1)(b)

  to do any act or thing that, in the opinion of the court, may prevent the commission of the offence.

• 41(2)Notice

  No injunction may be issued under subsection (1) unless 48 hours notice is given to the party or parties named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

• 42Offence
• 42(1)

  Every person who contravenes a provision of this Act or any regulation or order made under it for which no other offence is specified in this Act is guilty of an offence and is liable on summary conviction

• 42(1)(a)

  in the case of an individual, to a fine not exceeding $5,000; and

• 42(1)(b)

  in the case of a corporation, to a fine not exceeding $25,000.

• 42(2)Continuing offence

  If the offence is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

• 42(3)Officers, etc., of corporations

  If the offence is committed by a corporation, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

• 43Regulations

  The Minister may, by regulation,

• 43(a)

  designate as a provision or requirement the contravention of which may be proceeded with as a violation in accordance with sections 45 to 55

• 43(a)(i)

  any provision of this Act or any regulation made under this Act,

• 43(a)(ii)

  any order made under section 9, 13, 15.1 or 26, or