Canada Agricultural Products Act (R.S.C., 1985, c. 20 (4th Supp.))
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Act current to 2013-04-29 and last amended on 2005-12-12. Previous Versions
Marginal note:Designation of methods and equipment
20. The Minister may designate methods and equipment to be used by inspectors, analysts and graders in carrying out duties and functions under this Act or the regulations.
INSPECTION
Marginal note:Powers of inspectors
21. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to section 22, enter and inspect any place, or stop any vehicle, in which the inspector believes on reasonable grounds there is any agricultural product or other thing in respect of which this Act or the regulations apply, and the inspector may
(a) open any container that the inspector believes on reasonable grounds contains an agricultural product;
(b) inspect any agricultural product or other thing and take samples of it free of charge; and
(c) require any person to produce for inspection or copying, in whole or in part, any record or other document that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act or the regulations.
Marginal note:Operation of data processing systems and copying equipment
(2) In carrying out an inspection under this section, an inspector may
(a) use or cause to be used any data processing system at the place to examine any data contained in or available to the data processing system;
(b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output and take the printout or other output for examination or copying; and
(c) use or cause to be used any copying equipment at the place to make copies of any record or other document.
Marginal note:Assistance to inspectors
(3) The owner or person in charge of a place referred to in subsection (1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and functions under this Act and shall furnish the inspector with such information with respect to the administration of this Act or the regulations as the inspector may reasonably require.
Marginal note:Warrant required to enter dwelling-place
22. (1) An inspector may not enter a dwelling-place except with the consent of the occupant of the dwelling-place or under the authority of a warrant issued under subsection (2).
Marginal note:Authority to issue warrant
(2) Where on ex parte application a justice is satisfied by information on oath that
(a) the conditions for entry described in section 21 exist in relation to a dwelling-place,
(b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act or the regulations, and
(c) entry to the dwelling-place has been refused or that there are reasonable grounds for believing that entry will be refused,
the justice may issue a warrant authorizing the inspector named in the warrant to enter the dwelling-place subject to such conditions as may be specified in the warrant.
Marginal note:Use of force
(3) An inspector who executes a warrant issued under subsection (2) 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 of peace officers
(4) A peace officer shall provide such assistance as an inspector may request for the purpose of enforcing this Act or the regulations.
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