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,
(a) enter and inspect any place at any reasonable time;
(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
(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.
Marginal note:Certification of designated persons
(2) 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.
(3) In conducting an inspection, the Minister or a person designated by the Minister may
(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;
(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
(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.
Marginal note:Search warrants
(4) Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Act.
(5) The Governor in Council may, on the recommendation of the Minister, make regulations respecting
(a) the protection and preservation of any evidence that has been seized without a warrant under paragraph (1)(c); and
(b) the return of the evidence to the person from whom it was seized or to any other person entitled to its possession.
(6) 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).
Marginal note:Authority to issue warrant
(7) 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
(a) entry to a dwelling-house is necessary for the purpose of performing any function of the Minister pursuant to this Act; and
(b) entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused.
Marginal note:Use of force
(8) 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.
Marginal note:Duty to assist Minister
40. 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
(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
(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.
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
(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
(b) to do any act or thing that, in the opinion of the court, may prevent the commission of the offence.
(2) 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.
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
(a) in the case of an individual, to a fine not exceeding $5,000; and
(b) in the case of a corporation, to a fine not exceeding $25,000.
Marginal note:Continuing offence
(2) 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.
Marginal note:Officers, etc., of corporations
(3) 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.
ADMINISTRATIVE MONETARY PENALTIES
43. The Minister may, by regulation,
(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
(i) any provision of this Act or any regulation made under this Act,
(ii) any order made under section 9, 13, 15.1 or 26, or
(iii) any directive made under section 17 or 18; and
(b) prescribe the maximum amount payable for each violation, but the amount shall not exceed $5,000, in the case of an individual, and $25,000, in the case of a corporation.
Marginal note:Notices of violation
44. The Minister may establish the form and content of notices of violation.
45. (1) Every person who contravenes a provision or requirement designated under paragraph 43(a) commits a violation and is liable to a penalty not exceeding the maximum prescribed under paragraph 43(b).
Marginal note:Continuing violation
(2) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.
Marginal note:How contraventions may be proceeded with
(3) If any act or omission can be proceeded with as a violation or as an offence, proceedings may be commenced in respect of that act or omission as a violation or as an offence, but proceeding with it as a violation precludes proceeding with it as an offence, and proceeding with it as an offence precludes proceeding with it as a violation.
Marginal note:Nature of violation
(4) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.
Marginal note:Issuance of notice of violation
46. If a person designated by the Minister under subsection 39(1) believes on reasonable grounds that a person has committed a violation, he or she may issue and serve on the person a notice of violation that names the person, identifies the violation and sets out
(a) the penalty for the violation that the person is liable to pay; and
(b) particulars concerning the time for paying and the manner of paying the penalty.
Definition of “Tribunal”
48. A person who has been served with a notice of violation must either pay the amount of the penalty specified in the notice or file with the Tribunal a written request for a review of the facts of the alleged contravention or of the amount of the penalty.
Marginal note:Payment of specified amount precludes further proceedings
49. If a person who is served with a notice of violation pays the amount specified in the notice in accordance with the particulars set out in the notice, the Minister shall accept the amount as and in complete satisfaction of the amount of the penalty for the contravention by that person of the designated provision and no further proceedings under this Act shall be taken against the person in respect of that contravention.
Marginal note:Request for review of determination
50. (1) A person who is served with a notice of violation and who wishes to have the facts of the alleged contravention or the amount of the penalty reviewed shall, on or before the date specified in the notice or within any further time that the Tribunal on application may allow, file a written request for a review with the Tribunal at the address set out in the notice.
Marginal note:Time and place for review
(2) On receipt of a request filed under subsection (1), the Tribunal shall appoint a time and place for the review and shall notify the Minister and the person who filed the request of the time and place in writing.
Marginal note:Review procedure
(3) The member of the Tribunal assigned to conduct the review shall provide the Minister and the person who filed the request with an opportunity consistent with procedural fairness and natural justice to present evidence and make representations.
Marginal note:Burden of proof
(4) The burden of establishing that a person has contravened a designated provision is on the Minister.
Marginal note:Person not compelled to testify
(5) A person who is alleged to have contravened a designated provision is not required, and shall not be compelled, to give any evidence or testimony in the matter.
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