11-08 Annex F - Environmental Inspections and Investigations

Cadet Administrative and Training Orders (CATOs)

General

1. Inspections and investigations are carried out to ensure compliance and enforcement of environmental legislation such as the Canadian environmental protection act and the fisheries act. Due to the legal implications of these types of official visits, procedures prescribed in this annex should be followed when faced with one.  

2. Inspections are carried out to ensure that an activity or facility is in compliance with the law. Conversely, an investigation is conducted to gather evidence to support the prosecution of an individual or an organization.

3. Inspections and investigations are carried out by government officials empowered by environmental legislation. The same official may carry out both inspections and investigations. 

4. While inspections and investigations do not happen often, it is important that they be handled in the manner outlined in this annex. 

5. When an environment official arrives, obtain their name, title, address and official identification. Ask them if they are carrying out an inspection or investigation, and use the appropriate procedures outlined in this annex.  

Inspections

6. Environmental legislation gives broad powers to the officials carrying out inspections so that they may enter any premises and examine any substance, books, records, electronic data, or take samples of anything they deem to be relevant to their inspection. 

Inspections Procedures

7. Officials are to be escorted by the CO or designate, at all times during an inspection. No obstruction or interference is to be made to the inspection. 

8. The escorting officer is to keep a record of the inspection, samples, photographs and information taken by the official, duplicating them whenever possible. Ask for a copy of the inspection report from the environment official. 

9. As soon as possible after an inspection, notify your region and contact the Regional Assistant Judge Advocate General (AJAG) of your region for legal advice. 

10. It is possible that at some point during an inspection, the official may initiate an investigation. They would now be looking for evidence to support a charge. If this occurs, procedures for an investigation are to be followed from that point on. 

Investigation

11. As an investigation is carried out to gather evidence, the official is required to inform the escort that it is an investigation, and remind the CO or designate of their rights, including the right to remain silent, and the right to legal counsel. 

Investigations Procedures

12. Ask the official what charge they are investigating and who or what is suspect. Legal advice shall be sought from the Regional AJAG as soon as possible after being informed that there might be an investigation. 

13. If the official has a warrant, then do not obstruct or interfere with any facet of the investigation covered by that warrant. The CO or designate should escort the official at all times. 

14. Legally, if the official does not have a warrant then the CO does not have to permit them into any private area, referring them instead to the Regional AJAG. 

15. The escort must record details of the investigations. The escort must also take samples, photographs or evidence recorded by the investigator. The escort must obtain receipts from the investigator for all items seized. The escort should ask for a copy of the official’s report.

 

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