International River Improvements Act

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Sections297

• 1Short title

  This Act may be cited as the International River Improvements Act.

• 2Definitions

  In this Act,

• 2[p2]

  boundary waters has the same meaning as in the Preliminary Article of the treaty relating to the boundary waters and to questions arising along the boundary between Canada and the United States signed at Washington on January 11, 1909 and set out in Schedule 1 to the International Boundary Waters Treaty Act. (eaux limitrophes)

• 2[p3]Repealed

  Chief Review Officer[Repealed, 2026, c. 3, s. 523]

• 2[p4]

  Environmental Protection Tribunal of Canada means the Environmental Protection Tribunal of Canada established by subsection 243(1) of the Canadian Environmental Protection Act, 1999. (Tribunal de la protection de l’environnement du Canada)

• 2[p5]

  international river means water flowing from any place in Canada to any place outside Canada; (cours d’eau international)

• 2[p5](a)
• 2[p6]

  international river improvement means a dam, obstruction, canal, reservoir, pipeline or other work the purpose or effect of which is

• 2[p5](b)
• 2[p6](a)

  to increase, decrease or alter the natural flow of an international river, and

• 2[p6](b)

  to interfere with, alter or affect the actual or potential use of the international river outside Canada; (ouvrage destiné à l’amélioration d’un cours d’eau international)

• 2[p8]
• 2[p9]

  Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act. (ministre)

• 2[p10]

  transboundary waters has the same meaning as in section 10 of the International Boundary Waters Treaty Act. (eaux transfrontalières)

• 3Regulations

  The Governor in Council may, for the purpose of developing and utilizing the water resources of Canada in the national interest, make regulations

• 3(a)

  respecting the construction, operation and maintenance of international river improvements;

• 3(b)

  respecting the issue, cancellation and suspension of licences for the construction, operation and maintenance of international river improvements;

• 3(c)

  prescribing fees for licences issued under this Act;

• 3(d)

  respecting the exemption of international river improvements from the operation of this Act;

• 3(e)

  authorizing the conduct of inspections under this Act in respect of any improvement exempted from the operation of this Act under the authority of regulations made under paragraph (d) and setting out the purposes for which those inspections may be carried out; and

• 3(f)

  designating provisions of the regulations for the purpose of paragraph 33(1)(b).

• 4Constructing, operating, etc., improvement without licence or contrary to a licence

  Except in accordance with a licence issued under this Act, no person shall construct, operate or maintain an international river improvement.

• 4.1Purpose
• 4.1(1)

  The purpose of this section is to prevent the risk of environmental harm resulting from the permanent loss of water from Canadian ecosystems.

• 4.1(2)Prohibition

  No licence may be issued for the construction, operation or maintenance of an international river improvement that links waters that are neither boundary waters nor transboundary waters to an international river if the purpose or effect of the improvement is to increase the annual flow of the international river at the international boundary.

• 5Repealed

  [Repealed, 2009, c. 14, s. 91]

• 6Repealed

  [Repealed, 2009, c. 14, s. 91]

• 7Exception
• 7(1)

  This Act does not apply in respect of an international river improvement

• 7(1)(a)

  constructed under the authority of an Act of Parliament;

• 7(1)(b)

  situated within boundary waters; or

• 7(1)(c)

  constructed, operated or maintained solely for domestic, sanitary or irrigation purposes or other similar consumptive uses.

• 7(2)Inspections permitted

  Despite subsection (1), inspections may be carried out under this Act in respect of any international river improvement referred to in paragraph (1)(c) to verify that the improvement is being constructed or continues to be operated or maintained solely for domestic, sanitary or irrigation purposes or other similar consumptive uses.

• 8Binding on Her Majesty

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

• 9When provincial laws to apply

  Notwithstanding anything in this Act, an international river improvement is subject to the same laws to which it would be subject if it were a river improvement within the legislative jurisdiction of the legislature of the province in which it is situated except in so far as the laws of that province are repugnant to this Act or the regulations.

• 10Designation
• 10(1)

  The Minister may designate as an enforcement officer or analyst for the purpose of this Act or any provision of this Act any person or member of a class of persons who, in the Minister’s opinion, is qualified to be so designated.

• 10(2)Powers

  For the purposes of this Act, an enforcement officer has all the powers of a peace officer, but the Minister may specify limits on those powers when designating the enforcement officer.

• 10(3)Limits

  The Minister may limit the powers that may be exercised by an enforcement officer or analyst under this Act.

• 10(4)Production of certificate

  The Minister must provide every enforcement officer and analyst with a certificate of designation that includes any limits under subsection (2) or (3). On entering any place, the enforcement officer or analyst must, if so requested, produce the certificate to the person in charge of the place.

• 11Immunity

  Enforcement officers and analysts are not personally liable for anything they do or omit to do in good faith under this Act.

• 12Right of passage

  While carrying out duties or functions under this Act, enforcement officers and analysts, and any persons accompanying them, may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.

• 13Power to enter and inspect
• 13(1)

  Subject to subsection (2), for the purposes of this Act, an enforcement officer may, at any reasonable time, enter and inspect any place in which the officer believes, on reasonable grounds, there is anything to which this Act applies or any document relating to its administration.

• 13(2)Dwelling-place

  An enforcement officer may not enter a dwelling-place without the occupant’s consent or a warrant issued under subsection (3).

• 13(3)Authority to issue warrant — dwelling-places

  On ex parte application, a justice may issue a warrant authorizing an enforcement officer named in the warrant to conduct an inspection of a dwelling-place, subject to any conditions specified in the warrant — and authorizing any other person named in the warrant to accompany the enforcement officer and exercise any power specified in the warrant subject to any conditions specified in the warrant — if the justice is satisfied by information on oath that

• 13(3)(a)

  the conditions for entry described in subsection (1) exist in relation to the dwelling-place;

• 13(3)(b)

  entry to the dwelling-place is necessary for any purpose relating to the administration of this Act; and

• 13(3)(c)

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

• 13(4)Authority to issue warrant — non-dwellings

  On ex parte application, a justice may issue a warrant authorizing an enforcement officer named in the warrant to conduct an inspection of a place other than a dwelling-place, subject to any conditions specified in the warrant — and authorizing any other person named in the warrant to accompany the enforcement officer and exercise any power specified in the warrant subject to any conditions specified in the warrant — if the justice is satisfied by information on oath that

• 13(4)(a)

  the conditions for entry described in subsection (1) exist in relation to that place;

• 13(4)(b)

  entry to the place is necessary for any purpose relating to the administration of this Act;

• 13(4)(c)

  entry to the place has been refused, the enforcement officer was not able to enter without the use of force or the place was abandoned; and

• 13(4)(d)

  subject to subsection (5), all reasonable attempts were made to notify the owner, operator or person in charge of the place.

• 13(5)Waiving notice

  The justice may waive the requirement to give notice under paragraph (4)(d) if he or she is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge is absent from the jurisdiction of the justice or that it is not in the public interest to give the notice.

• 13(6)Use of force

  In executing a warrant issued under subsection (3) or (4), an enforcement officer shall not use force unless its use has been specifically authorized in the warrant.

• 13(7)Stopping and detaining conveyances

  For the purposes of this Act, an enforcement officer may, at any reasonable time, direct that any conveyance be stopped — or be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out — and the officer may, for a reasonable time, detain any conveyance.

• 13(8)Enforcement officer’s powers

  In carrying out an inspection of a place under this section, an enforcement officer may, for the purposes of this Act,

• 13(8)(a)

  examine any thing relevant to the administration of this Act that is found in the place;

• 13(8)(b)

  open and examine any receptacle or package found that the officer believes on reasonable grounds contains any thing referred to in paragraph (a);

• 13(8)(c)

  examine any books, records, electronic data or other documents that the officer believes on reasonable grounds contain any information relevant to the administration of this Act and make copies of them or take extracts from them;

• 13(8)(d)

  take samples of anything relevant to the administration of this Act; and

• 13(8)(e)

  conduct any tests or take any measurements.

• 13(9)Analysts

  An analyst may, for the purposes of this Act, accompany an enforcement officer who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the enforcement officer, enter the place and exercise any of the powers described in subsection (8).

• 13(10)Disposition of samples

  An enforcement officer or analyst may dispose of a sample taken under paragraph 8(d) in any manner that the officer or analyst considers appropriate.

• 13(11)Operation of computer systems and copying equipment

  In carrying out an inspection, an enforcement officer may

• 13(11)(a)

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

• 13(11)(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

• 13(11)(c)

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

• 13(12)Duty of person in possession or control

  Every person who is in possession or control of a place being inspected under this section shall permit the enforcement officer to do anything referred to in subsection (11).

• 14Production of documents and samples
• 14(1)

  The Minister may, for the purposes of this Act, by registered letter or by a demand served personally, require any person, within any reasonable time and in any reasonable manner that may be stipulated in the letter or demand,

• 14(1)(a)

  to produce at a place specified by the Minister any sample taken or any document; or

• 14(1)(b)

  to conduct any tests or take any measurements or samples there.

• 14(2)Compliance

  Any person who is required to do anything under subsection (1) shall, despite any other law to the contrary, comply with the requirement.

• 15Search and seizure without warrant

  For the purpose of this Act and the regulations, an enforcement officer may exercise the powers of search and seizure provided in section 487 of the Criminal Code without a search warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be feasible to obtain it.

• 16Assistance

  The owner or the person in charge of a place entered by an enforcement officer or analyst under this Act, and every person found in the place, shall

• 16(a)

  give the enforcement officer or analyst all reasonable assistance to enable the officer or analyst to carry out their duties or functions under this Act; and

• 16(b)

  provide the enforcement officer or analyst with any information with respect to the administration of this Act that the officer or analyst may reasonably require.

• 16.1Documents admissible in evidence
• 16.1(1)

  A document made, given or issued under this Act and appearing to be signed by an analyst is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document.

• 16.1(2)Attendance of analyst

  The party against whom the document is produced may, with leave of the court, require the attendance of the analyst who signed it.

• 16.1(3)Notice

  No document referred to in subsection (1) may be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the document.

• 17Custody of things seized
• 17(1)

  Subject to subsection (2), if an enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code,

• 17(1)(a)

  sections 489.1 and 490 of the Criminal Code apply; and

• 17(1)(b)

  the officer, or any person that the officer may designate, shall retain custody of the thing subject to any order made under section 490 of the Criminal Code.

• 17(2)Forfeiture if ownership not ascertainable

  If the lawful ownership of or entitlement to a seized thing cannot be ascertained within 30 days after the day on which it is seized, the thing, or any proceeds of its disposition, are forfeited to Her Majesty in right of Canada.

• 18Disposition by Minister

  Any thing that has been forfeited under this Act may be dealt with and disposed of as the Minister may direct.

• 19Liability for costs

  If a thing is seized under this Act or under a warrant issued under the Criminal Code, the person who owned the thing at the time it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any.

• 20Meaning of order

  For the purpose of sections 21 to 30, order means a compliance order issued under section 21.

• 21Order
• 21(1)

  Whenever, during the course of an inspection or a search, an enforcement officer has reasonable grounds to believe that any provision of this Act or the regulations has been contravened by a person who is continuing the commission of the offence, or that any of those provisions are likely to be contravened, the enforcement officer may issue a compliance order directing any person who causes or contributes to the alleged contravention, or who is likely to do so, to take any of the measures referred to in subsection (2) that are reasonable in the circumstances in order to cease or refrain from committing the alleged contravention.

• 21(2)Specific measures

  The order may specify that the person to whom the order is directed take one or more of the following measures:

• 21(2)(a)

  refrain from doing anything in contravention of this Act or the regulations, or do anything to comply with this Act or the regulations;

• 21(2)(b)

  stop or shut down any activity, work, undertaking or thing for a specified period;

• 21(2)(c)

  cease the operation of any activity or any part of a work, undertaking or thing until the enforcement officer is satisfied that the activity, work, undertaking or thing will be operated in accordance with this Act and the regulations;

• 21(2)(d)

  move any conveyance to another location;

• 21(2)(e)

  unload or reload the contents of any conveyance; and

• 21(2)(f)

  take any other measure that the enforcement officer considers necessary to facilitate compliance with the order, including

• 21(2)(f)(i)

  maintaining records on any relevant matter,

• 21(2)(f)(ii)

  reporting periodically to the officer, and

• 21(2)(f)(iii)

  submitting to the enforcement officer any information, proposal or plan specified by the officer that sets out any action to be taken by the person with respect to the subject matter of the order.

• 21(3)Contents of order

  Subject to section 22, an order must be made in writing and must set out

• 21(3)(a)

  the name of the person or persons to whom the order is directed;

• 21(3)(b)

  the provision of this Act or the regulations that is alleged to have been or that is likely to be contravened;

• 21(3)(c)

  the relevant facts surrounding the alleged contravention;

• 21(3)(d)

  the measures to be taken;

• 21(3)(e)

  the time or the day when each measure is to begin or the period during which it is to be carried out;

• 21(3)(f)

  subject to subsection (4), the duration of the order;

• 21(3)(g)

  a statement that a request for a review may be made to the Environmental Protection Tribunal of Canada; and

• 21(3)(h)

  the period within which a request for a review may be made.

• 21(4)Duration of order

  An order may not be in force for a period of more than 180 days.

• 21(5)Failing to file report

  For the purposes of subsection (1), a person who commits an offence by failing to file a report required by this Act or the regulations is deemed to be continuing the commission of the offence each day that the report is not filed.

• 21(6)Statutory Instruments Act

  An order is not a statutory instrument for the purposes of the Statutory Instruments Act.

• 22Exigent circumstances
• 22(1)

  In the case of exigent circumstances, an order may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 21.

• 22(2)Meaning of exigent circumstances

  For greater certainty, exigent circumstances includes circumstances in which the delay that is necessary to issue a written order that meets the requirements of subsection 21(3) would result in danger to human life or to the environment.

• 23Notice of intent
• 23(1)

  Except in exigent circumstances, an enforcement officer shall, whenever practicable, before issuing an order,

• 23(1)(a)

  provide every person who will be subject to the order with an oral or written notice of the officer’s intention to issue it; and

• 23(1)(b)

  allow a reasonable opportunity in the circumstances for the person to make oral representations.

• 23(2)Contents of notice of intent

  The notice of intent to issue the order must include

• 23(2)(a)

  a statement of the purpose of the notice;

• 23(2)(b)

  a reference to the statutory authority under which the order is to be issued; and

• 23(2)(c)

  a statement that the party notified may make oral representations to the enforcement officer within the period stated in the notice.

• 24Compliance with order
• 24(1)

  A person to whom an order is directed shall, immediately on receipt of the order or a copy of it or on being directed by an enforcement officer in an order given orally under subsection 22(1), comply with the order.

• 24(2)No bar to proceedings

  The issuance of or compliance with an order in respect of a person’s alleged contravention of this Act or the regulations is not a bar to any proceedings against the person under this or any other Act in relation to the alleged contravention.

• 25Intervention by enforcement officer
• 25(1)

  If a person to whom an order is directed fails to take any measures specified in it, an enforcement officer may take the measures or cause them to be taken.

• 25(2)Access to property

  An enforcement officer or other person authorized or required by an enforcement officer to take measures under subsection (1) may enter and have access to any place or property and may do any reasonable thing that may be necessary in the circumstances.

• 25(3)Personal liability

  Any person, other than a person referred to in subsection 21(1), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized or required by an enforcement officer under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith.

• 26Recovery of reasonable costs and expenses by Her Majesty
• 26(1)

  Her Majesty in right of Canada may recover the costs and expenses of and incidental to any measures taken under subsection 25(1) from any person who caused or contributed to the alleged contravention, to the extent of the person’s negligence in causing or contributing to the alleged contravention.

• 26(2)Costs must have been reasonably incurred

  The costs and expenses may only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances.

• 26(3)Procedure

  A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken in the name of Her Majesty in right of Canada in any court of competent jurisdiction.

• 26(4)Recourse or indemnity

  This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

• 26(5)Limitation period

  If events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted more than five years after the day on which the events occur or become evident to the Minister, whichever is later.

• 26(6)Minister’s certificate

  A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document is to be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof.

• 27Request for review
• 27(1)

  Any person to whom an order is directed may, by notice in writing given to the Environmental Protection Tribunal of Canada within 30 days after the day on which the person receives a copy of the written order or after the oral order is given, make a request to the Environmental Protection Tribunal of Canada for a review of the order.

• 27(2)Extension of period for request

  The Chairperson of the Environmental Protection Tribunal of Canada, or any member of the Tribunal that they may designate, may extend the period within which a request for a review may be made if, in their opinion, it is in the public interest to do so.

• 28Variation or cancellation of order
• 28(1)

  At any time before the Environmental Protection Tribunal of Canada receives a notice requesting a review of an order, the enforcement officer may, after giving reasonable notice,

• 28(1)(a)

  amend or suspend a term or condition of the order, or add a term or condition to, or delete a term or condition from, the order;

• 28(1)(b)

  cancel the order;

• 28(1)(c)

  correct a clerical error in the order; or

• 28(1)(d)

  extend the duration of the order for a period of not more than 180 days less the number of days that have passed after the day on which the order was received by the person who is subject to it.

• 28(2)Notice of intent

  Except in exigent circumstances, an enforcement officer shall, whenever practicable, before exercising a power under paragraph (1)(a) or (d),

• 28(2)(a)

  provide every person who will be subject to the order with an oral or written notice of the officer’s intention to exercise the power; and

• 28(2)(b)

  allow a reasonable opportunity in the circumstances for the person to make oral representations.

• 28(3)Contents of notice of intent

  The notice of intent to exercise a power under paragraph (1)(a) must include

• 28(3)(a)

  a statement of the purpose of the notice;

• 28(3)(b)

  a reference to the statutory authority under which the power is to be exercised; and

• 28(3)(c)

  a statement that the party notified may make oral representations to the enforcement officer within the period stated in the notice.

• 29Regulations

  The Minister may make regulations

• 29(a)

  prescribing the form of reporting to enforcement officers under subparagraph 21(2)(f)(ii) and specifying the information required to be contained in or to accompany the report; and

• 29(b)

  of either particular or general application, respecting representations made to enforcement officers under paragraph 23(1)(b) or 28(2)(b).

• 30Review

  Sections 257 to 271 of the Canadian Environmental Protection Act, 1999 apply, with any modifications that the circumstances require, to a review requested of any order.

• 31Obstruction

  No person shall obstruct an enforcement officer or analyst or hinder any of them in carrying out their functions under this Act.

• 32Knowingly providing false or misleading information, etc.
• 32(1)

  No person shall, with respect to any matter related to this Act, knowingly

• 32(1)(a)

  provide any person with false or misleading information, results or samples; or

• 32(1)(b)

  file a document that contains false or misleading information.

• 32(2)Negligently providing false or misleading information, etc.

  No person shall, with respect to any matter related to this Act, negligently

• 32(2)(a)

  provide any person with false or misleading information, results or samples; or

• 32(2)(b)

  file a document that contains false or misleading information.

• 33Offence
• 33(1)

  Every person commits an offence who contravenes

• 33(1)(a)

  section 4, subsection 24(1), section 31 or subsection 32(1);

• 33(1)(b)

  any provision of the regulations designated by regulations made under paragraph 3(f); or

• 33(1)(c)

  an order made by a court under this Act.

• 33(2)Penalty — individuals

  Every individual who commits an offence under subsection (1) is liable,

• 33(2)(a)

  on conviction on indictment,

• 33(2)(a)(i)

  for a first offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both, and

• 33(2)(a)(ii)

  for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both; or

• 33(2)(b)

  on summary conviction,

• 33(2)(b)(i)

  for a first offence, to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both, and

• 33(2)(b)(ii)

  for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000 or to imprisonment for a term of not more than six months, or to both.

• 33(3)Penalty — other persons

  Every person, other than an individual or a corporation referred to in subsection (4), who commits and offence under subsection (1) is liable,

• 33(3)(a)

  on conviction on indictment,

• 33(3)(a)(i)

  for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

• 33(3)(a)(ii)

  for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or

• 33(3)(b)

  on summary conviction,

• 33(3)(b)(i)

  for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

• 33(3)(b)(ii)

  for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.

• 33(4)Penalty — small revenue corporations

  Every corporation that commits an offence under subsection (1) and that the court determines under section 37 to be a small revenue corporation is liable,

• 33(4)(a)

  on conviction on indictment,

• 33(4)(a)(i)

  for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

• 33(4)(a)(ii)

  for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

• 33(4)(b)

  on summary conviction,

• 33(4)(b)(i)

  for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

• 33(4)(b)(ii)

  for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.

• 34Offence
• 34(1)

  Every person commits an offence who contravenes any provision of the Act or the regulations, other than a provision the contravention of which is an offence under subsection 33(1).

• 34(2)Penalty — individuals

  Every individual who commits an offence under subsection (1) is liable,

• 34(2)(a)

  on conviction on indictment,

• 34(2)(a)(i)

  for a first offence, to a fine of not more than $100,000, and

• 34(2)(a)(ii)

  for a second or subsequent offence, to a fine of not more than $200,000; or