Documents and Records
Marginal note:Retention of documents and records
7. Every dealer required by section 5 to provide the Minister with prescribed information shall keep, at the dealer’s place of business or other prescribed place in Canada, documents and records sufficient to enable the Minister to verify the accuracy and completeness of the information provided.
- 1992, c. 36, s. 7;
- 2009, c. 8, s. 4.
Marginal note:Period of retention
8. Every dealer required by section 7 to keep documents and records shall, unless authorized by the Minister, retain each one of those documents or records until the expiry of six years after the day on which the Minister is provided with the prescribed information.
- 1992, c. 36, s. 8;
- 2009, c. 8, s. 4.
Inspection and Seizure
Marginal note:Designation of inspectors
9. (1) The Minister may designate as an inspector for the purposes of this Act any person who, in the opinion of the Minister, is qualified to be so designated.
(2) The Minister shall furnish every inspector with a certificate of designation as an inspector and, on exercising any power vested in the inspector by this Act, an inspector shall, if so required, produce the certificate to any person in authority who is affected by that exercise.
10. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to subsection (3), at any reasonable time enter and inspect any place in which the inspector believes on reasonable grounds there is an energy-using product for which an energy efficiency standard or a label has been prescribed and that is owned by or is on the premises of a dealer or a consignee of imported energy-using products or there is any document or record required by section 7 to be kept, and may
(a) examine any energy-using product, or any other thing relevant to the administration of this Act, that is found in that place;
(b) open and examine any package or receptacle found in the place that the inspector believes on reasonable grounds contains an energy-using product;
(c) examine any document or record that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act and make copies thereof or extracts therefrom; and
(d) conduct any tests or take any measurements.
Marginal note:Computer systems
(2) In carrying out an inspection of a place under subsection (1), an inspector may
(a) use or cause to be used any computer system at the place to examine any information contained in or available to the system that the inspector believes on reasonable grounds is relevant to the administration of this Act;
(b) reproduce any record or cause it to be reproduced from the information in the form of a printout or other intelligible output; and
(c) take a printout or other output for examination or copying.
Marginal note:Private dwelling-place
(3) An inspector may not enter a private dwelling-place without the consent of the occupant of the place except under the authority of a warrant issued under subsection (4).
(4) Where on ex parte application a justice of the peace is satisfied by information on oath that
(a) the conditions for entry described in subsection (1) exist in relation to a private dwelling-place,
(b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act, and
(c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry thereto will be refused,
the justice of the peace may issue a warrant authorizing the inspector named therein to enter and inspect the dwelling-place, subject to such conditions as may be specified in the warrant.
Marginal note:Use of force
(5) In executing a warrant issued under subsection (4), the inspector named in the warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
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