Defence Production Act (R.S.C., 1985, c. D-1)

Act current to 2014-09-01 and last amended on 2014-05-16. Previous Versions

Marginal note:Inspection of facilities
  •  (1) For the purpose of ensuring compliance with this Part and the regulations, an inspector may at any reasonable time enter and inspect any place.

  • Marginal note:Powers of inspector

    (2) When conducting the inspection, the inspector may

    • (a) require the attendance of and question any person who the inspector considers will be able to assist in the inspection;

    • (b) require any person to produce for inspection or copying any document that the inspector believes contains any information relevant to the administration of this Part or the regulations;

    • (c) detain or remove any controlled good, until the inspector is satisfied that the requirements of this Part and the regulations are met; and

    • (d) require that any individual in charge of a place that is the subject of an inspection take any measures that the inspector considers appropriate.

  • Marginal note:Inspector may be accompanied

    (3) While exercising any authority under this Part, an inspector may be accompanied by any other person chosen by the inspector.

  • 2000, c. 31, s. 5.

Regulations

Marginal note:Governor in Council

 The Governor in Council may make regulations for carrying out the purposes and provisions of this Part, including regulations

  • (a) respecting the classes of persons referred to in paragraph 36(b);

  • (b) respecting the procedure, under subsection 37(4), for authorizing officers, directors and employees to examine, possess or transfer controlled goods and the conditions they must satisfy to be authorized;

  • (c) respecting registrations under section 38 and exemptions from registration under sections 39 and 39.1, including

    • (i) the conditions of eligibility,

    • (ii) the procedure to be followed in making applications and the information to be set out in the applications,

    • (iii) the factors to be considered by the Minister when deciding whether a person may be registered or exempted,

    • (iv) the Minister’s powers to renew, suspend, amend or revoke a registration or an exemption,

    • (v) the conditions of registration or the renewal of a registration, including the keeping of records, the requirement to report under section 40, and the establishment and implementation of security plans,

    • (vi) the conditions of exemption or the renewal of an exemption, and

    • (vii) security assessments made under subsection 38(3) or 39(3); and

  • (d) amending, on the joint recommendation of the Minister and the Minister of Foreign Affairs, the schedule.

  • 2000, c. 31, s. 5.

PART 3OFFENCE AND PUNISHMENT

Marginal note:Other prohibitions

 No person shall

  • (a) make any false or misleading statement or provide false or misleading information to an inspector or other person carrying out functions under this Act;

  • (b) destroy any record or document required to be kept under this Act or the regulations;

  • (c) make a false entry in a record required to be kept under this Act or the regulations or omit to make any entry in such a record;

  • (d) interfere in any way with any thing detained or removed by an inspector, except with the inspector’s permission; or

  • (e) fail to comply with any reasonable request of an inspector or otherwise obstruct an inspector in the performance of the inspector’s functions.

  • 2000, c. 31, s. 5.