Canadian Environmental Protection Act, 1999 — C-15.31 218
Inspection 218 (1) Subject to subsection (2), for the purposes of this Act and the regulations, an enforcement officer may, at any reasonable time, enter and inspect any place if the enforcement officer has reasonable grounds to believe that (a) there can be found in the place a substance with respect to which this Act applies, a product that contains such a substance or a product that may release such a substance into the environment; (b) fuels to which this Act applies are being or have been produced or blended, or can be found, in the place; (c) a cleaning product or water conditioner, as defined in section 116, is being or has been produced or can be found in the place; (d) regulations made under section 209 apply to or in respect of the place; (e) the place is a source in respect of which regulations have been made under section 167 or 177 or a place in respect of which regulations have been made under section 200; (f) a substance is being loaded for the purpose of disposal at sea or is being disposed of at sea; (g) any vehicle, engine or equipment of a class for which standards for emissions have been prescribed that is owned by or is on the premises of a company or a consignee of imported vehicles or engines or imported equipment can be found in the place; (h) any component to be used in the manufacture of a vehicle, engine or equipment for which standards for emissions have been prescribed can be found in the place; (i) any record in relation to the design, manufacture, testing and field performance of a vehicle, engine or equipment in so far as it relates to emissions can be found in the place; or (j) any books, records, electronic data or other documents relevant to the administration of this Act can be found in the place. Private dwelling-place (2) An enforcement officer may not enter a private dwelling-place or any part of a place that is designed to be used and is being used as a permanent or temporary private dwelling-place except (a) with the consent of the occupant of the place; or (b) under the authority of a warrant issued under subsection (3). Warrant for inspection of dwelling-place (3) Where on ex parte application a justice is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to a private dwelling-place, (b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act, and (c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused, the justice may issue a warrant authorizing the enforcement officer named in it to conduct an inspection of the dwelling-place subject to any conditions that may be specified in the warrant, and authorizing any other person named therein to accompany the enforcement officer and exercise any power specified in the warrant. Warrants for inspection of non-dwellings (4) Where on ex parte application a justice is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to a place other than a private dwelling-place, (b) entry to that place is necessary for any purpose relating to the administration of this Act, (c) entry to that place has been refused, the enforcement officer was not able to enter without the use of force or the place was abandoned, and (d) subject to subsection (5), all reasonable attempts were made to notify the owner, operator or person in charge of the place, the justice may issue a warrant authorizing the enforcement officer named in it to conduct an inspection of the place, subject to any conditions that may be specified in the warrant, and authorizing any other person named therein to accompany the enforcement officer and exercise any power specified in the warrant. Waiving notice (5) The justice may waive the requirement to give notice referred to in subsection (4) where the justice is satisfied that attempts to give the notice would be unsu