Weights and Measures Act

Marginal note:Powers of entry to inspect

• 17 (1) Subject to subsection (1.1), an inspector may at any reasonable time

  • (a) enter the premises of a trader or any other place in which the inspector believes on reasonable grounds there is

    • (i) a device that is or is to be used in trade,

    • (ii) a commodity that has been or is being packaged or marked on the basis of measure for sale, or

    • (iii) a commodity, owned by a trader, that is for sale and has been packaged or marked on the basis of measure;

  • (b) inspect any device, commodity or packaging and labelling material found in that place; and

  • (c) examine any documents or papers, including books, reports, records, shipping bills and bills of lading, or any data entered or recorded by any system of mechanical or electronic data processing or by any other information storage device that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act and make copies thereof or extracts therefrom.

• Marginal note:Warrant required to enter dwelling-house

  (1.1) Where any premises or other place referred to in paragraph (1)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).

• Marginal note:Authority to issue warrant

  (1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

  • (a) that a condition for entry described in paragraph (1)(a) exists in relation to a dwelling-house,

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

  • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

  the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

• Marginal note:Use of force

  (1.3) In executing a warrant issued under subsection (1.2), the inspector named therein 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:Certificate to be produced

  (2) The Minister shall furnish every inspector with a certificate of his designation as an inspector and on entering any place described in subsection (1) an inspector shall, if so required, produce the certificate to the person in charge of that place.

• Marginal note:Assistance to inspectors

  (3) The owner or the person in charge of a place entered by an inspector pursuant to subsection (1) and every person employed therein shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with such information with respect to the administration of this Act and the regulations as he may reasonably require.