Human Pathogens and Toxins Act

Marginal note:Entry by inspector

• 41 (1) Subject to section 42, an inspector may, for the purpose of verifying compliance or preventing non-compliance with any provision of this Act or the regulations, enter at any reasonable time any place or conveyance in which the inspector believes on reasonable grounds that

  • (a) an activity to which this Act or the regulations applies is conducted;

  • (b) any material, equipment or document relevant to the administration of this Act or the regulations is located; or

  • (c) an activity could be conducted under a licence for which an application is under consideration by the Minister.

• Marginal note:Individual accompanying inspector

  (1.1) An inspector may be accompanied by any individual who the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section.

• Marginal note:Inspector’s powers

  (2) An inspector who enters a place or conveyance may, for the purpose referred to in subsection (1),

  • (a) examine the place — including any building — or conveyance and any material or equipment found there;

  • (b) require any person in the place or conveyance to produce, in the manner and form requested by the inspector, any material or equipment found there;

  • (c) seize and detain for any time that may be necessary any material, equipment or document found there, or any conveyance;

  • (d) open and examine any receptacle or package found there;

  • (e) take, or require any person in the place or conveyance to produce, free of charge, a sample of any material found there;

  • (f) direct the owner or the person having possession, care or control of any material, equipment or document found in the place or conveyance — or of the conveyance — to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (g) conduct, or require any person in the place or conveyance to conduct, any test or analysis or take any measurement of any material or equipment found there;

  • (h) take photographs or make recordings or sketches;

  • (i) use or cause to be used any computer system, as defined in subsection 342.1(2) of the Criminal Code, or any means of telecommunication found there to examine electronic data that is contained in or available to the computer system or means of telecommunication;

  • (j) require any person in the place or conveyance to produce any document found there for examination or reproduction; and

  • (k) examine, reproduce or cause to be reproduced, in whole or in part, any document found there and remove any reproductions.

  • (l) [Repealed, 2026, c. 3, s. 427]

  • (m) [Repealed, 2026, c. 3, s. 427]

• Marginal note:Remote access

  (2.1) For the purposes of subsection (1), an inspector is considered to have entered a place or conveyance when they remotely access it by a means of telecommunication.

• Marginal note:Limitation — remote access

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

• Marginal note:Conveyance

  (3) For the purpose of entering the conveyance, the inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it.

• Marginal note:Duty to comply

  (3.1) An owner or person who, under subsection (3), is ordered to stop or move a conveyance, must stop or move it.

• Marginal note:Excluded information

  (4) Despite subsection (2), the Minister of National Defence may refuse to disclose any information the disclosure of which could reasonably be expected to be injurious to the defence or security of Canada or of a state allied or associated with Canada.

• Marginal note:Assistance to inspector

  (5) The owner or person in charge of a place or conveyance that is entered by an inspector who is carrying out their functions and every individual in that place or conveyance must give the inspector and any individual referred to in subsection (1.1) all reasonable assistance and provide them with any information that the inspector may reasonably require.

• Marginal note:Prohibition — obstruction and false statements

  (6) A person must not knowingly obstruct or hinder, or make a false or misleading statement either orally or in writing to, an inspector who is carrying out their functions or to any individual referred to in subsection (1.1).

• Marginal note:Entering private property

  (7) An inspector who is carrying out their functions and any individual referred to in subsection (1.1) accompanying the inspector may enter on and pass through or over private property, and they are not liable for doing so.