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This Act is current to July 29, 2020
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Environmental Management Act

[SBC 2003] CHAPTER 53

Part 9 — Conservation Officer Service

Division 1 — Conservation Officer Service

Conservation Officer Service

106   (1) The Conservation Officer Service is continued.

(2) The Conservation Officer Service consists of

(a) a person employed in the ministry who is appointed by the minister as the chief conservation officer, and

(b) the persons designated under subsection (3) (b) (i).

(3) Subject to the direction of the minister,

(a) the chief conservation officer has general supervision over the Conservation Officer Service, and

(b) the chief conservation officer, or a member of the Conservation Officer Service designated by the chief conservation officer for the purpose, may do all the following:

(i) designate persons employed in the ministry, each of whom the chief conservation officer considers suitable, as members of the Conservation Officer Service;

(ii) designate persons, or a class of persons, employed in the ministry as auxiliary conservation officers;

(iii) designate persons, or a class of persons, as special conservation officers;

(iv) impose and confer on an auxiliary or a special conservation officer, or on a class of auxiliary or special conservation officers, any of the duties imposed and powers conferred on a member of the Conservation Officer Service under this Act or another enactment;

(v) establish standards and procedures, including, but not limited to, establishing training and retraining standards and specifying operational procedures for the efficient discharge of duties and functions by the Conservation Officer Service and its members;

(vi) specify equipment, including, but not limited to, uniform apparel, vehicles and firearms to be used by members of the Conservation Officer Service;

(vii) establish rules for the prevention of neglect and abuse by members of the Conservation Officer Service.

(4) An auxiliary or a special conservation officer may perform and exercise the duties and powers imposed and conferred on the officer under subsection (3) (b) (iv).

(5) Members of the Conservation Officer Service

(a) may exercise the powers and perform the duties of a conservation officer under this Act or any other enactment,

(b) are peace officers for the purposes of

(i) exercising the powers and performing the duties of a conservation officer under this Act or another enactment,

(ii) exercising the powers and performing the duties of a prescribed official under an enactment prescribed for the purposes of section 107 (1) (a), and

(iii) enforcing an enactment prescribed for the purposes of section 107 (1) (b), and

(c) have the immunities, and are authorized to exercise the powers and perform the duties, of a peace officer exclusively for the purpose of

(i) exercising the powers and performing the duties of a conservation officer under this Act or another enactment,

(ii) exercising the powers and performing the duties of a prescribed official under an enactment prescribed for the purposes of section 107 (1) (a), and

(iii) enforcing an enactment prescribed for the purposes of section 107 (1) (b).

Powers and duties of conservation officers

107   (1) A member of the Conservation Officer Service may

(a) exercise the powers and perform the duties of

(i) an officer under this Act, and

(ii) a prescribed official under a prescribed enactment, and

(b) enforce the prohibitions or requirements of prescribed enactments.

(2) to (5) [Repealed 2019-19-13.]

(6) and (7) [Repealed 2006-15-6.]

(8) and (9) [Repealed 2019-19-13.]

Division 2 — General Enforcement Tools

Definition

107.01   In this Division, "designated enactment" means an enactment referred to in section 106 (5) (b).

Search warrant

107.02   (1) On information on oath that there are reasonable grounds to believe that an offence under a designated enactment has occurred or is occurring, a justice, on being satisfied that an entry and a search are likely to provide evidence of such an offence, may issue a warrant authorizing a conservation officer

(a) to enter and search the real or personal property specified in the warrant,

(b) to seize and remove anything that the conservation officer has reasonable grounds for believing is evidence of an offence, and

(c) to take other actions as the justice considers appropriate in the circumstances and authorizes in the warrant.

(2) A conservation officer who enters on property in accordance with a warrant issued under subsection (1) may bring persons and equipment that may be necessary for the purpose of the warrant.

Warrantless search in exigent circumstances

107.03   (1) This section applies despite section 107.02.

(2) If the conditions necessary for obtaining a warrant under section 107.02 exist but the delay necessary to obtain the warrant would result in a danger to human life or safety, a member of the Conservation Officer Service may, without a warrant,

(a) search real or personal property, including premises or a part of premises occupied solely as a private residence, and

(b) seize and remove anything that the member has reasonable or probable grounds for believing may provide evidence of the commission of an offence under a designated enactment.

(3) If the conditions necessary for obtaining a warrant under section 107.02 exist but the delay necessary to obtain the warrant would result in the loss or destruction of evidence, a member of the Conservation Officer Service may, without a warrant,

(a) search real or personal property, except premises or a part of premises occupied solely as a private residence, and

(b) seize and remove anything that the member has reasonable or probable grounds for believing may provide evidence of the commission of an offence under a designated enactment.

Inspection of records and warrant to seize records

107.04   (1) A person required by a designated enactment to keep records must submit the records to a conservation officer for inspection on request.

(2) If a person refuses to submit records for inspection as required under this section, a justice, on being satisfied that an inspection of the records is necessary for the administration of the enactment that requires them to be kept, may issue a warrant authorizing a conservation officer to enter property specified in the warrant and to seize the records.

(3) A conservation officer who enters on property in accordance with a warrant issued under subsection (2) may bring persons and equipment that may be necessary for the purpose of the warrant.

Application of Offence Act in relation to sections 107.02 and 107.03 and to inspections

107.1   (1) The forms referred to in section 21 of the Offence Act, and sections 22 to 24.2 of that Act, apply to a warrant under section 107.02 of this Act, and to a search and anything seized by a conservation officer under section 107.02 or 107.03 (2) of this Act.

(2) If, under section 24 (2) (a) of the Offence Act, a justice orders that something referred to in subsection (1) of this section be detained, despite section 24 (3) of the Offence Act, the thing may be detained for up to one year before an order under section 24 (5) of that Act, authorizing its continued detention, is required.

(3) Despite subsections (1) and (2) or anything to the contrary in the enactment authorizing the inspection, if the chief conservation officer, or a member of the Conservation Officer Service designated by the chief conservation officer for the purpose, considers anything seized in a search under section 107.02 or 107.03 (2) or in an inspection under a designated enactment

(a) to be a pollutant or an environmental hazard, it must not be returned and the person claiming it is not entitled to compensation, or

(b) to be contaminated by a pollutant, it must not be returned unless it is decontaminated at the expense of the person entitled to it.

Application of Criminal Code — demands and orders

107.2   (1) Section 487.012 [preservation demand] of the Criminal Code (Canada) applies for the purposes of the enforcement of a designated enactment and is to be read as authorizing a conservation officer to make a demand.

(2) The following provisions of the Criminal Code (Canada) apply for the purposes of the enforcement of a designated enactment and are to be read as authorizing the issuance of an order on application by a conservation officer:

(a) section 487.013 [preservation order — computer data];

(b) section 487.014 [general production order];

(c) section 487.015 [production order to trace specified communication];

(d) section 487.016 [production order — transmission data];

(e) section 487.017 [production order — tracking data];

(f) section 487.018 [production order — financial data].

(3) The following provisions of the Criminal Code (Canada) apply, so far as applicable, in relation to a demand under subsection (1):

(a) section 487.0191 [order prohibiting disclosure];

(b) section 487.0194 [destruction of preserved computer data and documents];

(c) section 487.0195 [no civil or criminal liability], except that subsection (2) applies only as it relates to civil liability.

(4) The following provisions of the Criminal Code (Canada) apply, so far as applicable, in relation to an order under subsection (2):

(a) section 487.019 [conditions in preservation and production orders], except section 487.019 (2);

(b) section 487.0191 [order prohibiting disclosure];

(c) section 487.0192 [particulars — production orders];

(d) section 487.0193 [application for review of production order];

(e) section 487.0194 [destruction of preserved computer data and documents];

(f) section 487.0195 [no civil or criminal liability], except that subsection (2) applies only as it relates to civil liability;

(g) section 487.0196 [self-incrimination].

(5) Section 487.02 [assistance order] of the Criminal Code (Canada) applies in relation to a warrant or authorization under section 107.02 (1), 107.04 (2) or 107.3 (1), (3) or (5) of this Act and is to be read as authorizing the issuance of an order on application by a conservation officer.

(6) Section 487.3 [order denying access to information] of the Criminal Code (Canada) applies in relation to a warrant under section 107.02 (1) or 107.3 (1) or (3) of this Act and an order under subsection (2) of this section and is to be read as authorizing the issuance of an order on application by a conservation officer.

Application of Criminal Code — warrants and authorizations

107.3   (1) Section 487.01 [general warrant] of the Criminal Code (Canada) applies for the purposes of the enforcement of a designated enactment and is to be read

(a) as authorizing the issuance of a warrant conferring authority on a conservation officer, and

(b) as referring in section 487.01 (5) to the following provisions of the Criminal Code (Canada):

(i) section 183.1 [consent to interception];

(ii) section 184.2 [authorization to intercept communications with consent];

(iii) section 184.3 [application by means of telecommunication];

(iv) section 187 [manner in which application to be kept secret];

(v) section 188.2 [no civil or criminal liability], as it relates to civil liability;

(vi) section 189 (5) [notice of intention to produce evidence];

(vii) section 190 [further particulars].

(2) The following provisions of the Criminal Code (Canada) apply in relation to a warrant under subsection (1):

(a) section 489.1 [restitution of property or report by peace officer];

(b) section 490 [detention of things seized];

(c) section 490.01 [perishable things].

(3) The following provisions of the Criminal Code (Canada) apply for the purposes of the enforcement of a designated enactment and are to be read as authorizing the issuance of a warrant conferring authority on a conservation officer:

(a) section 487.092 [impression warrant];

(b) section 492.1 [warrant for tracking device];

(c) section 492.2 [warrant for transmission data recorder].

(4) Section 487.11 [where warrant not necessary] of the Criminal Code (Canada), as it relates to section 492.1, applies for the purposes of the enforcement of a designated enactment and is to be read as referring to a conservation officer.

(5) Section 184.2 [authorization to intercept communications with consent] of the Criminal Code (Canada) applies for the purposes of the enforcement of a designated enactment and is to be read

(a) as authorizing the issuance of an authorization on application by a conservation officer, and

(b) as referring in section 184.2 (5) to

(i) a warrant under section 107.02 (1) of this Act or subsection (1) or (3) (b) or (c) of this section, and

(ii) an order under section 107.2 (2) (b) to (f) of this Act.

(6) The following provisions of the Criminal Code (Canada) apply in relation to an authorization under subsection (5):

(a) section 183.1 [consent to interception];

(b) section 184.3 [application by means of telecommunication];

(c) section 187 [manner in which application to be kept secret];

(d) section 188.2 [no civil or criminal liability], as it relates to civil liability;

(e) section 189 [notice of intention to produce evidence];

(f) section 190 [further particulars].

Repealed

108   [Repealed 2019-19-18.]

Certificate evidence of the chief conservation officer

108.1   A certificate purporting to have been signed by the chief conservation officer certifying

(a) the manner and content of an exercise of the chief conservation officer's powers under section 106 (3),

(b) a decision of the chief conservation officer under section 107.1 (3), or

(c) the content of an agreement the chief conservation officer has entered into under section 135 [interagency agreements],

is admissible in a proceeding in relation to, or in a prosecution under, an enactment referred to in section 106 (5) (b) without proof of the signature or official character of the person appearing to have signed the certificate and is proof of the certified matters.

Division 3 — Regulations for Part 9

Regulations for purposes of Part 9

108.2   (1) Without limiting section 138 (1) [general authority to make regulations], the Lieutenant Governor in Council may make regulations prescribing, with the prior approval of the minister responsible for the administration of the Police Act,

(a) officials and enactments for the purposes of section 107 (1) (a) (ii) [powers and duties of conservation officers], and

(b) enactments for the purposes of section 107 (1) (b).

(2) Section 139 [regulations — general rules] applies for the purpose of making regulations under this section.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 6.1 | Part 7 | Part 8 | Part 9 | Part 9.1 | Part 10 | Part 11