Food and Drugs Act — F-27 23
Powers of inspectors 23 (1) Subject to subsection (9), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations, enter any place, including a conveyance, in which they believe on reasonable grounds (a) an activity that may be regulated under this Act is being conducted; (b) any article to which this Act or the regulations apply is located; (c) an activity could be conducted under an authorization, including a licence, for which an application is under consideration by the Minister; or (d) an activity could be conducted as a result of an exemption that is under consideration by the Minister. Other powers (2) The inspector may, in the place entered under subsection (1), (a) examine any article to which this Act or the regulations apply or anything that the inspector believes on reasonable grounds is used or is capable of being used for an activity regulated under this Act; (b) open and examine any receptacle or package that the inspector believes on reasonable grounds contains any article to which this Act or the regulations apply; (c) examine — and make copies of or take extracts from — any record, report, electronic data or other document that is found at the place and that the inspector believes on reasonable grounds includes information relevant to the administration of this Act or the regulations; (d) cause to be reproduced any electronic data referred to in paragraph (c); (e) use, or cause to be used, any computer system or telecommunication system at the place; (f) examine — and reproduce or cause to be reproduced — any electronic data that is contained in or available to a system referred to in paragraph (e) and that the inspector believes on reasonable grounds includes information relevant to the administration of this Act or the regulations; (g) remove, for examination or copying, any copies made or extracts taken under paragraph (c), (d) or (f); (h) test anything that the inspector believes on reasonable grounds is an article to which this Act or the regulations apply; (i) take samples of any food, drug, cosmetic, device or anything used for an activity regulated under this Act; (j) take photographs and make recordings and sketches; (k) remove anything from the place for the purpose of examination, conducting tests or taking samples; and (l) seize and detain for the time that may be necessary any article that the inspector believes on reasonable grounds is an article by means of, or in relation to which, any provision of this Act or the regulations has been contravened. Means of telecommunication (3) For the purposes of subsection (1), an inspector is considered to have entered a place when they access it remotely by a means of telecommunication. Limitation — access by means of telecommunication (4) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public shall do so with the knowledge of the owner or person in charge of the place and only for the period necessary for the purpose referred to in subsection (1). Stopping or moving conveyance (5) For the purpose of entering a conveyance, an inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it. Duty to comply (6) An owner or person who, under subsection (5), is ordered to stop or move a conveyance shall stop or move it. Individual accompanying inspector (7) An inspector may be accompanied by any other individual that the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section. Entering private property (8) An inspector and any individual accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so. Warrant to enter dwelling-house (9) In the