Remote Sensing Space Systems Act (S.C. 2005, c. 45)

Marginal note:Powers of inspectors

• 18 (1) Inspectors may, in carrying out their duties and functions,

  • (a) subject to subsection (2), enter and inspect, at any reasonable time, any place owned by or under the control of a licensee, a system participant or any other person who the inspector reasonably believes may be carrying on a controlled activity in the operation of a remote sensing space system, and in which the inspector believes on reasonable grounds there is any document, information or thing relevant to the administration or enforcement of this Act;

  • (b) examine any document, information or thing at the place or remove it for examination or copying;

  • (c) inspect any equipment at the place related to the operation of a remote sensing space system and perform tests of it;

  • (d) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

  • (e) reproduce any record from those data or cause it to be reproduced from them in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and

  • (f) use or cause to be used any copying equipment or means of communication located at the place.

• Marginal note:Warrant required to enter dwelling-place

  (2) An inspector may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant issued under subsection (3).

• Marginal note:Authority to issue warrant

  (3) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing an inspector named in the warrant to enter a dwelling-place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

  • (a) the dwelling-place is a place described in paragraph (1)(a);

  • (b) entry to the dwelling-place is necessary for any purpose relating to the administration or enforcement of this Act; and

  • (c) entry has been refused, there are reasonable grounds for believing that entry will be refused or consent to entry cannot be obtained from the occupant.

• Marginal note:Use of force

  (4) An inspector executing a warrant issued under subsection (3) 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.

• Marginal note:Assistance to inspector

  (5) The owner or other person in charge of a place entered by an inspector under this section shall give the inspector all reasonable assistance in the power of that person and furnish the inspector with any information that the inspector reasonably requires.

• Marginal note:Obstruction and false information

  (6) No person shall, with respect to an inspector engaged in carrying out their duties and functions,

  • (a) wilfully obstruct or hinder the inspector; or

  • (b) knowingly make or provide to the inspector any false or misleading statement or information.