Anti-Personnel Mines Convention Implementation Act (S.C. 1997, c. 33)

Marginal note:Inspections

• 13. (1) Subject to this Act, a member of the fact-finding mission may, at any reasonable time and consistent with the provisions of the Convention, enter and inspect any place that is a military or weapons installation or facility or that is any other installation or facility that has or may have the capacity to develop, produce or stockpile anti-personnel mines or anti-personnel mine components, if the member believes on reasonable grounds that any information, document or other thing that is relevant to compliance with the Convention may be found in that place.

• Marginal note:Fact-finders may be accompanied

  (2) In order to facilitate the conduct of an inspection by a member of the fact-finding mission, such persons as may be designated by the Minister may accompany the member and may direct any person who is in control of the place being inspected to

  • (a) provide the member with access to any area, container or thing in the place;

  • (b) permit the member to examine any thing in the place;

  • (c) permit the member to make copies of any information contained in the records, files, papers or electronic information systems kept or used in relation to the place and to remove the copies from the place;

  • (d) permit the member to have photographs taken of any thing in the place and to remove the photographs or the exposed photographic film from the place;

  • (e) permit the member to interview any person in the place; and

  • (f) permit the member to take samples for analysis of any thing in the place and permit the member to remove the samples for analysis outside the place.

• Marginal note:False statements, obstruction

  (3) While a member of the fact-finding mission is conducting the inspection, no person shall

  • (a) knowingly make any false or misleading statement to the member or the designated persons accompanying the member in relation to the place or thing being inspected; or

  • (b) wilfully obstruct the inspection.

• Marginal note:Direction not statutory instrument

  (4) A direction under subsection (2) is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Dwelling-house

14. If the place to be inspected is a dwelling-house, a member of the fact-finding mission or a designated person accompanying the member may not enter the place without the consent of the occupant.

Marginal note:Other place

• 15. (1) If the place to be inspected is not a dwelling-house, a member of the fact-finding mission or a designated person accompanying the member may not enter the place without the consent of the person who is in control of the place, except under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) On ex parte application, a justice may issue a warrant authorizing members of the fact-finding mission and the designated persons accompanying them to enter a place for the purposes of the inspection, subject to such conditions as may be specified in the warrant, if the justice is satisfied by information on oath that

  • (a) there are reasonable grounds to believe that the members may find at that place any information, document or other thing that is relevant to compliance with the Convention;

  • (b) entry to the place is necessary for any purpose relating to the fact-finding mission; and

  • (c) entry to the place has been refused, there are reasonable grounds to believe that entry will be refused or there has been a failure to comply with a direction under section 13 in respect of the place.

• Marginal note:Assistance

  (3) A justice who issues a warrant under subsection (2) may order any person to provide assistance if the person’s assistance may reasonably be considered to be required to give effect to the warrant.

• Marginal note:When warrant not required

  (4) A warrant authorizing entry into a place is not required if the conditions for obtaining the warrant exist but, because of exigent circumstances, it would not be practicable to obtain the warrant.

• Marginal note:Use of force

  (5) The members of the fact-finding mission and the designated persons accompanying them shall not use force in executing a warrant issued under subsection (2) unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.