Marginal note:Appointment

• 45. (1) Subject to subsection (2), inspectors and analysts shall be appointed for the purposes of this Act and the regulations in accordance with the Public Service Employment Act.

• Marginal note:Designation of inspectors and analysts

  (2) For the purposes of this Act, the Minister may designate qualified persons, either individually or as a class, to act as inspectors or analysts in relation to any matter referred to in the designation, but

  • (a) no person who is employed in a department other than the Department of Health may be designated without the approval of the minister responsible for the department in which the person is employed; and

  • (b) no person who is employed by the government of a province may be designated without the approval of that government.

• Marginal note:Inspector’s certificate of designation

  (3) An inspector shall be provided with a certificate in a form established by the Minister certifying the inspector’s designation and, on entering any place under the authority of this Act, the inspector shall show the certificate to the person in charge of the place if the person requests proof of the designation.

Marginal note:Obstruction of inspectors

• 46. (1) No person shall resist or wilfully obstruct an inspector or make a false or misleading statement either orally or in writing to an inspector who is carrying out duties or functions under this Act.

• Marginal note:Inspection of records

  (2) A person who is required by this Act or the regulations to keep records shall make them available to an inspector on request.

• Marginal note:Offence and punishment

  (3) Every person who contravenes this section is guilty of an offence and liable

  • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

  • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Marginal note:Report of contravention

• 47. (1) A person who knows about a contravention of this Act or the regulations, or the reasonable likelihood of such a contravention, may report any information relating to the contravention to an inspector.

• Marginal note:Confidentiality

  (2) When making a report, the person may request that their identity and any information that could reasonably reveal their identity not be disclosed, and no person shall disclose or permit the disclosure of that identity or information unless the person who made the request authorizes the disclosure in writing.

• Marginal note:Protection of person

  (3) Despite any other Act of Parliament, no person shall dismiss, suspend, demote, discipline, deny a benefit of employment to, harass or otherwise disadvantage a person for having

  • (a) made a report under subsection (1);

  • (b) refused or stated an intention of refusing to do anything that the person reasonably believed was or would be a contravention under this Act; or

  • (c) done or stated an intention of doing anything that the person reasonably believed was required by or under this Act.

• Marginal note:Offence and punishment

  (4) Every person who contravenes subsection (2) or (3) is guilty of an offence and liable

  • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

  • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.