Pest Control Products Act (S.C. 2002, c. 28)

Marginal note:Powers of inspectors

• 48. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may

  • (a) subject to section 49, at any reasonable time, enter and inspect any place, or stop any means of transport, in which the inspector believes on reasonable grounds there is a pest control product or other thing to which this Act or the regulations apply;

  • (b) open and examine any receptacle, package or other thing that the inspector believes on reasonable grounds contains a pest control product or other thing to which this Act or the regulations apply and take samples from it;

  • (c) require any person to present any pest control product or other thing for inspection in any manner and under any conditions that the inspector considers necessary to conduct an inspection;

  • (d) require any person to produce for inspection or copying, in whole or in part, any record or other document that the inspector believes on reasonable grounds contains information relevant to the administration of this Act or the regulations; and

  • (e) conduct any tests or analyses or take any measurements.

• Marginal note:Operation of data processing systems and copying equipment

  (2) In conducting an inspection at a place, 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 any record or cause it to be reproduced 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:Warrant required to enter dwelling-place

• 49. (1) An inspector may not enter a dwelling-place except with the consent of its occupant or under the authority of a warrant.

• Marginal note:Authority to issue warrant

  (2) If on ex parte application a justice is satisfied by information on oath that

  • (a) the conditions for entry described in section 48 exist in relation to a dwelling-place,

  • (b) entry to the dwelling-place is necessary for a purpose relating to the administration of this Act or the regulations, and

  • (c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused,

  the justice may at any time sign and issue a warrant authorizing the inspector named in it to enter and inspect the dwelling-place, subject to any conditions that may be specified in the warrant.

• Marginal note:Use of force

  (3) An inspector who executes a warrant shall not use force unless he or she is accompanied by a peace officer and the use of force is specifically authorized in the warrant.