15 (1) An inspector may, without warrant or court order, stop any conveyance or enter and inspect any premises or conveyance in accordance with this section if, (a) the inspector has reasonable grounds to believe that the premises or conveyance contains any thing that is or may be a food safety risk that constitutes a significant risk to public health or safety or that may be relevant to the existence of a food safety risk that constitutes a significant risk to public health or safety; (b) there are exigent circumstances that make it impractical to obtain a search warrant under section 17; and (c) the inspector is conducting the inspection for the purpose of determining whether the food safety risk would or may authorize the inspector to issue an order under this Act, whether or not the order would be directed to the person in control of the premises or conveyance that the inspector enters.  2001, c. 20, s. 15 (1). Same, no exigent circumstances (2) An inspector may, with or without warrant or court order, stop any conveyance or enter and inspect any premise or conveyance in accordance with this section if, (a) the inspector has reasonable grounds to believe that the premises or the conveyance is being used for the purposes of carrying on any of the following regulatable activities that are being carried on as a business: (i) the production, processing, manufacturing or other preparation for consumption of food, (ii) the growing, harvesting, or other preparation for consumption of plants and micro-organisms that may be used as food, (iii) the raising, slaughter or other preparation for consumption of animals that may be used as food, (iv) the storage, transportation, processing, preparation for use, packing, packaging, selling by any means, including on consignment, offering for sale or distribution of food and agricultural or aquatic commodities, (v) the buying, handling, storage, preparation for use, use, selling by any means, including on consignment, or offering for sale of agricultural inputs, (vi) the collection, receiving or identification of deadstock; (b) the inspector has reasonable grounds to believe that the premises or conveyance contains any thing that is or may be a food safety risk that constitutes a significant risk to public health or safety or that may be relevant to the existence of a food safety risk that constitutes a significant risk to public health or safety; and (c) the inspector is conducting the inspection for the purpose of determining whether the food safety risk would or may authorize the inspector to issue an order under this Act, whether or not the order would be directed to the person in control of the premises or conveyance that the inspector enters.  2001, c. 20, s. 15 (2). Powers of inspector (3) In an inspection under this section, an inspector may, (a) demand the production of, (i) any food, agricultural or aquatic commodity, agricultural input or other thing that is or may be a food safety risk or that may be relevant to the existence of a food safety risk, if the thing is capable of being produced, or (ii) any books, records or other documents related to the source, use or disposition of the thing mentioned in subclause (i) or copies of extracts from the books, records or other documents; (b) in accordance with the regulations and at the risk and expense of the owner, examine, test, analyse, take samples of or dispose of samples of any food, agricultural or aquatic commodity, agricultural input or other thing that is or may be a food safety risk or that may be relevant to the existence of a food safety risk; (c) in accordance with the regulations, delay, for the time necessary to complete the inspection, the transportation of any food, agricultural or aquatic commodity, agricultural input or other thing that is or may be a food safety risk or that may be relevant to the existence of a food safety risk; (d) in accordance with the regulations, seize or detain any food, agricultural or aquatic commodity, agricultural input or other thing that is or may be a food safety risk or that may be relevant to the existence of a food safety risk, if the thing is capable of being seized or detained; (e) subject to section 29 and orders if any made under it, require or authorize a person, who had custody of the food, agricultural or aquatic commodity, agricultural input or other things at the time that the inspector seized or detained them under clause (d), to remove them from the place of detention at the person’s expense; (f) inquire into all information, records and other matters that, (i) are relevant to the source, use or disposition of any food, agricultural or aquatic commodity, agricultural input or other thing that is or may be a food safety risk, (ii) are relevant to any thing that is or may be a food safety risk, or (iii) may be relevant to the existence of a food safety risk; (g) demand the production for inspection of anything described in clause (f); (h) use any data storage, processing or retrieval device or system belonging to the persons being inspected in order to produce a record in readable form of the information, records and other matters described in subclause (f) (i), (ii) or (iii); (i) pass through or over any land, other than the curtilage surrounding a dwelling, without being liable to trespass or any other action in relation to that land, in order to gain access to the premises that are subject to inspection under this section, if, (i) it is necessary to do so in order to gain the access or to gain the access in a timely manner, and (ii) it is impractical to use any other means to gain the access.  2001, c. 20, s. 15 (3). Entry to dwellings (4) An inspector shall not, without the consent of the occupier, exercise a power to enter a place that is being used as a dwelling, except under the authority of a search warrant issued under section 158 of the Provincial Offences Act
or a warrant issued under section 17.  2001, c. 20, s. 15 (4). No obstruction (5) No person shall obstruct an inspector who is exercising powers under this section or provide an inspector with false or misleading information.  2001, c. 20, s. 15 (5). Assistance (6) An inspector who exercises powers under this section may, (a) call on any person for whatever assistance the inspector considers necessary to accomplish what the inspector is empowered to do; (b) call for the assistance of any member of the Ontario Provincial Police or the municipal police force in the area where the assistance is required to preserve the peace.  2001, c. 20, s. 15 (6). Person assisting (7) A person assisting an inspector in exercising powers under this section has the powers of an inspector while acting under the direction of the inspector.  2001, c. 20, s. 15 (7). Police (8) It is the duty of every member of a police force called to render assistance under clause (6) (b) to render the assistance.  2001, c. 20, s. 15 (8). Obligation to assist (9) If an inspector makes a demand for any thing under subsection (3), the person having custody of the thing shall produce it to the inspector and, at the request of the inspector, shall provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce a record in readable form, if the demand is for a document.  2001, c. 20, s. 15 (9). Removal of documents (10) If a person produces books, records and other documents to an inspector, the inspector may, on issuing a written receipt, remove them and may, (a) review or copy any of them; or (b) bring them before a justice, in which case section 159 of the Provincial Offences Act applies.  2001, c. 20, s. 15 (10). Return of documents (11) The inspector shall carry out any reviewing or copying of things with reasonable dispatch, and shall forthwith after the reviewing or copying return the things to the person who produced them.  2001, c. 20, s. 15 (11). Admissibility of copies (12) A copy certified by an inspector as a copy made under clause (10) (a) is admissible in evidence to the same extent, and has the same evidentiary value, as the thing copied.  2001, c. 20, s. 15 (12). Note: On a day to be named by proclamation of the Lieutenant Governor, section 15 of the Act is amended by striking out “police force” wherever it appears and substituting in each case “police service”. (See: 2019, c. 1, Sched. 4, s. 20 (1)) Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 22 (1) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 20 (1) - not in force