10.1 Licences, permits and certificates issued pursuant to section 7 and permits issued pursuant to section 9 shall be in the form prescribed by the Minister.
- 1993, c. 32, s. 6.
Marginal note:No alterations without a permit
11. (1) The operator of a factory, magazine or vehicle for which a licence or permit has been issued under section 7 shall not,
(a) in the case of a factory or magazine, relocate or make any alteration or addition to the factory or magazine or rebuild any part thereof, or
(b) in the case of a vehicle, make any alteration to the vehicle
until the operator has obtained written authority therefor from the Minister.
Marginal note:Emergency situations
(2) Notwithstanding subsection (1), an operator referred to in that subsection may undertake any of the activities referred to therein with the approval of the Minister granted by any means where, in the opinion of the Minister, extraordinary circumstances exist for doing so or it is necessary to do so for the protection of any person or property.
- R.S., 1985, c. E-17, s. 11;
- 1993, c. 32, s. 7.
Marginal note:Cessation of use where a special danger
12. The Minister may require the operator of any factory or magazine or the operator of any vehicle in which an explosive is being conveyed to stop using, or to use only under and subject to conditions specified by the Minister, any building, structure or vehicle that, from its location or from the nature of the processes carried on therein, constitutes, in the opinion of the Minister, a special danger.
- R.S., c. E-15, s. 12;
- 1974-75-76, c. 60, s. 6.
INSPECTORS AND CHEMISTS
13. (1) There may be appointed in the manner authorized by law a Chief Inspector of Explosives, together with such other inspectors and chemists as are necessary for the carrying out of this Act.
Marginal note:Inspectors without remuneration
(2) The Governor in Council may appoint, in addition to the inspectors appointed under subsection (1), such other inspectors and deputy inspectors, without remuneration, as the Governor in Council considers necessary for the carrying out of this Act.
- R.S., c. E-15, s. 14.
14. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to subsection (5), at any reasonable time, enter and inspect any factory, magazine, vehicle or other place in which the inspector believes on reasonable grounds any explosive is being manufactured, tested, stored, sold or transported, any restricted component is being stored or sold, or any fireworks are being or are intended to be used, and the inspector may
(a) open or cause to be opened any thing found in that place that the inspector believes, on reasonable grounds, contains an explosive or a substance that may be used in the manufacture of an explosive;
(b) inspect any thing found in that place that the inspector believes, on reasonable grounds, is an explosive or any thing that may be used in the manufacturing, packing or marking of an explosive;
(c) take samples of any thing found in that place that the inspector believes, on reasonable grounds, is an explosive or a substance that may be used in the manufacture of an explosive;
(d) require any person to produce for inspection or copying, in whole or in part, any document that the inspector believes, on reasonable grounds, contains any information relevant to the administration of this Act or the regulations; and
(e) make copies of or take extracts from any document that the inspector believes, on reasonable grounds, contains any information relevant to the administration of this Act or the regulations.
(2) For the purpose of carrying out an inspection under subsection (1), an inspector may stop a vehicle or direct that it be moved to a place where the inspection may be carried out.
Marginal note:Operation of data processing and copying equipment
(3) In carrying out an inspection at any place under this section, an inspector may
(a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;
(b) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output and take the print-out 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 record or other document.
Marginal note:Certificate to be produced
(4) An inspector, other than a peace officer, shall be furnished with a certificate of appointment and on entering any place described in subsection (1) shall, if so required, produce the certificate to the person in charge thereof.
Marginal note:Warrant required to enter dwelling-house
(5) An inspector may not enter a dwelling-house except with the consent of the occupant of the dwelling-house or under the authority of a warrant issued pursuant to subsection (6).
Marginal note:Authority to issue warrant
(6) Where on ex parte application a justice is satisfied by information on oath that
(a) the conditions for entry described in subsection (1) exist in relation to a dwelling-house,
(b) entry to the dwelling-house is necessary for any purpose relating to the administration of this Act or the regulations, and
(c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused,
the justice may issue a warrant authorizing the inspector named in the warrant to enter the dwelling-house, subject to any conditions that may be specified in the warrant.
Marginal note:Use of force
(7) An inspector who executes a warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.
- R.S., 1985, c. E-17, s. 14;
- 1993, c. 32, s. 8;
- 2004, c. 15, s. 41.
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