Disclaimer: This tool is for technical reference only and is not the official version of the regulations. The authoritative source is
Justice Canada.
Monitoring Compliance
15
(1)
For the purpose of ensuring compliance with this Act, an inspector may, subject to section 16 but at any reasonable time, stop any means of transport for which the inspector is designated and enter and inspect any place, or any such means of transport, if the inspector believes on reasonable grounds that in or on the place or means of transport there are
(a)
dangerous goods being offered for transport, handled or transported;
(b)
means of containment being manufactured, repaired or tested on which a compliance mark is displayed or will be affixed;
(c)
standardized means of containment;
(d)
books, shipping records, emergency response assistance plans, security plans or other documents that contain any information relevant to the purposes of this Act; or
(e)
computer systems, data processing systems or any other electronic devices or media that contain information relevant to the purposes of this Act, or that have such information available to them.
(2)
In the course of carrying out an inspection under subsection (1), an inspector may
(a)
open and inspect, or request the opening and inspection of, any means of containment for which the inspector is designated, including any closures, valves, safety release devices or other appurtenances that are essential to the use of the means of containment to contain dangerous goods, if the inspector believes on reasonable grounds that it is being used to handle or transport dangerous goods or to contain dangerous goods offered for transport;
(b)
open and inspect, or request the opening and inspection of, any means of containment described in paragraph (1)(b) or (c), including any closures, valves, safety release devices or other appurtenances that are essential to the use of the means of containment to contain dangerous goods;
(c)
for the purpose of analysis, take, or request the taking of, a reasonable quantity of anything the inspector believes on reasonable grounds to be dangerous goods;
(d)
examine, or request the examining of, information described in paragraph (1)(d) or (e) that the inspector believes on reasonable grounds is relevant to the purposes of this Act and make, or request the making of, copies of any of it; and
(e)
ask questions of any person for the purposes of this Act.
(3)
An inspector may, in accordance with the regulations, authorize any qualified person to enter any place or means of transport that the inspector may enter under subsection (1) and to exercise any of the powers set out in subsection (2).
16
(1)
An inspector may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant.
(2)
Where on ex parte application a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath that
(a)
the conditions for entry described in section 15 exist in relation to a dwelling-place,
(b)
entry is necessary for the purposes of this Act, and
(c)
entry has been refused or there are reasonable grounds for believing that entry will be refused,
(3)
The inspector who executes the warrant 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.
16.1
(1)
If an inspector or a person authorized under subsection 15(3) opens anything, or requests that anything be opened, for inspection or for the taking of a reasonable quantity of anything that is sealed or closed up, the inspector shall provide the person who has the charge, management or control of the thing that was opened with a certificate in prescribed form as proof that it was opened for that purpose.
(2)
The person to whom, or for whose benefit, the certificate is provided is not liable, either civilly or criminally, in respect of any act or omission of the inspector or authorized person in the course of the inspection of the thing or the taking of the reasonable quantity from it, but is not otherwise exempt from compliance with this Act and the regulations.
17
(1)
An inspector may remove to an appropriate place any dangerous goods, the means of containment being used to handle or transport them or a standardized means of containment, or direct a person to do so, and may detain the thing removed until satisfied that the activity will be done in compliance with this Act, if the inspector believes on reasonable grounds that any of the following activities is being carried out in a way that does not comply with this Act:
(a)
importing, offering for transport, handling or transporting dangerous goods; or
(b)
selling, offering for sale, delivering, distributing, importing or using a standardized means of containment.
(2)
The inspector may also take any other measures necessary to remedy the non-compliance or direct a person to take the necessary measures.
(3)
If the dangerous goods or means of containment originates from outside Canada and the inspector believes on reasonable grounds that measures to remedy the non-compliance are not possible or desirable, the inspector may direct that the goods or means of containment not be brought into Canada or that they be returned to their place of origin.
(4)
A direction may be issued under this section only to a person who, at the time of the non-compliance or at any time afterward, owns, imports or has the charge, management or control of the dangerous goods or means of containment.