Tobacco and Vaping Products Act

Marginal note:Authority to enter place

• 35 (1) For a purpose related to verifying compliance with this Act, an inspector may, subject to section 36, enter any place, including a conveyance, in which the inspector believes on reasonable grounds

  • (a) a tobacco product or vaping product is manufactured, tested, stored, promoted, transported or furnished;

  • (b) there is anything used in the manufacture, testing, promotion or furnishing of a tobacco product or vaping product; or

  • (c) there is any information relating to the manufacture, testing, storage, promotion, transporting or furnishing of a tobacco product or vaping product.

• Marginal note:Powers of inspector

  (2) An inspector may, for the purpose referred to in subsection (1),

  • (a) examine a tobacco product, vaping product or thing referred to in paragraph (1)(b) that is found in the place;

  • (b) order any person to produce for examination, in the manner and form requested by the inspector, the tobacco product, vaping product or thing;

  • (c) open or order any person to open any container or package found in the place that the inspector believes on reasonable grounds contains the tobacco product, vaping product or thing;

  • (d) take or order any person to take, free of charge, a sample of the tobacco product, vaping product or thing;

  • (e) conduct any test or analysis or take any measurements;

  • (f) order any person found in the place to produce for examination or copying any written or electronic information;

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

  • (h) order the owner or person having possession, care or control of the tobacco product, vaping product or thing — or 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 or a person who manufactures, tests, stores, promotes, transports or furnishes a tobacco product or vaping product at the place to establish their identity to the inspector’s satisfaction;

  • (j) use or order any person to use a computer system, as defined in subsection 342.1(2) of the Criminal Code, that is found in the place to examine data that are contained in or available to the computer system, reproduce the data or order any person to reproduce the data in the form of a printout or other intelligible output and remove the output for examination or copying; or

  • (k) use or order any person to use copying equipment that is found in the place and remove the copies for examination.

• Marginal note:Means of telecommunication

  (3) For the purposes of subsections (1) and (2), the inspector is considered to have entered a place when they access it remotely by a means of telecommunication.

• Marginal note:Limitation — access by means of telecommunication

  (4) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and only for the period necessary for the purpose referred to in subsection (1).

• Marginal note:Persons accompanying inspector

  (5) The inspector may be accompanied by any person 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

  (6) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1).