Canadian Energy Regulator Act (S.C. 2019, c. 28, s. 10)

Marginal note:Authority to enter

• 103 (1) An inspection officer may, for a purpose related to verifying compliance or preventing non-compliance with this Part, any of Parts 3 to 5 or section 335, or for a purpose referred to in subsection 102(2), enter a place in which the officer has reasonable grounds to believe that

  • (a) there is anything to which this Part or any of Parts 3 to 5 applies, including a regulated facility or an abandoned facility;

  • (b) there has been carried on, is being carried on or is likely to be carried on any activity in respect of which this Part, any of Parts 3 to 5 or section 335 applies; or

  • (c) there is any book, record, electronic data or other document relating to the application of this Part, any of Parts 3 to 5 or section 335.

• Marginal note:Powers on entry

  (2) The inspection officer may, for that purpose,

  • (a) examine anything in the place;

  • (b) use any means of communication in the place or cause it to be used;

  • (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

  • (d) prepare a document, or cause one to be prepared, based on the data;

  • (e) make copies of any information contained in any books, records, electronic data or other documents or in computer systems and use any copying equipment in the place, or cause it to be used to make copies of the information;

  • (f) conduct tests or analyses of anything in the place;

  • (g) take measurements or samples of anything in the place;

  • (h) take photographs or make recordings or sketches of anything in the place;

  • (i) remove anything from the place for examination or copying;

  • (j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it;

  • (k) prohibit or limit access to all or part of the place or to anything in the place;

  • (l) direct the owner or person in charge of the place or a person at the place to establish their identity to the inspection officer’s satisfaction or to stop or start an activity; or

  • (m) direct the owner or a person having possession, care or control of anything in the place to not move it, or to restrict its movement, for as long as the inspection officer considers necessary.

• Marginal note:Compliance audit

  (3) For greater certainty, the powers set out in subsection (2) include the power to conduct a compliance audit.

• Marginal note:Duty to assist

  (4) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the inspection officer to perform their duties and functions under this section and must provide any documents or information, and access to any data, that are reasonably required for that purpose.

• Marginal note:Persons accompanying

  (5) The inspection officer may be accompanied by any other person that they believe is necessary to help them perform their duties and functions under this section, and the person is not liable for doing so.

• Marginal note:Entry on private property

  (6) The inspection officer and any person accompanying them may enter private property — other than a dwelling-house or living quarters — and pass through it in order to gain entry to a place referred to in subsection (1) and the person is not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house or living quarters.