Hazardous Products Act

Marginal note:Powers of inspectors

• 22 (1) Subject to subsection 22.1(1), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations, at any reasonable time enter any place, including a conveyance, in which the inspector has reasonable grounds to believe that an activity regulated under this Act is conducted or a thing to which this Act applies is located, and may, for that purpose,

  • (a) examine or test any product, mixture, material or substance found in the place that the inspector has reasonable grounds to believe is a hazardous product and take samples of it, and examine any other thing that the inspector believes on reasonable grounds is used or is capable of being used for the manufacture, preparation, preservation, packaging, sale, importation or storage of a hazardous product;

  • (b) open and examine any receptacle or package that is found in the place;

  • (c) examine a document that is found in the place, make a copy of it or take an extract from it;

  • (d) use or cause to be used a computer or other device that is at the place to examine a document that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;

  • (e) use or cause to be used any copying equipment that is at the place and remove the copies for examination;

  • (f) take photographs and make recordings and sketches;

  • (g) order the owner or person having possession, care or control of any product, mixture, material or substance found in the place that the inspector has reasonable grounds to believe is a hazardous product to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (h) order the owner or person having possession, care or control of the conveyance to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (i) order the owner or person in charge of the place to establish their identity to the inspector’s satisfaction; and

  • (j) remove anything from the place for the purpose of examination, conducting tests or taking samples.

• Marginal note:Conveyance

  (1.1) For the purpose of entering a conveyance, an inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it.

• Marginal note:Disposition of samples

  (1.2) A sample taken under this section may be disposed of in any manner that an inspector considers appropriate.

• Marginal note:Individual accompanying inspector

  (1.3) An inspector may be accompanied by any individual that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.

• Marginal note:Entering private property

  (1.4) An inspector who is exercising powers or performing duties or functions under this section and any individual accompanying them may enter private property  —  other than a dwelling-house  —  and pass through it in order to gain entry to a place referred to in subsection (1).

• Marginal note:Assistance to inspectors

  (2) The owner or person in charge of the place and every person found in it shall give the inspector all reasonable assistance and provide the inspector with any information that the inspector may require for the purpose of exercising the inspector’s powers or performing the inspector’s duties or functions under this section.