158 (1) For the purpose of carrying out his or her functions under this Act, an inspector may, without warrant, at any reasonable time, gather information and make inspections and inquiries and, in the exercise of that authority, may, (a) enter into or onto any place, mining lands or other lands or premises connected or associated with any mining claim registration, exploration activity, mine, advanced exploration project, abandoned mine or mine hazard, other than a room or place actually used as a dwelling; (b) make such inspections, examinations, inquiries, tests or photographic or other record considered necessary in carrying out his or functions; (c) be accompanied or assisted by any person authorized by the inspector; (d) request the production of any documents relevant to the inspection, including but not limited to drawings, specifications, plans, licences, leases, permits, records, receipts or reports; (e) on giving a receipt therefor, remove any documents, including drawings, specifications, plans, licences, leases, permits, records, receipts or reports for the purposes of making copies of them and shall promptly return them to the person from whom they were taken; (f) use or cause to be used any computer or other device for the purpose of examining information contained in or available to the computer or other device, and may produce or cause to be produced a printout or other output from the computer system or other device; (g) inspect any work related to rehabilitation required or performed under this Act; (h) make reasonable inquiries of any person, orally or in writing; and (i) perform technical surveys and take measurements and representative samples, as may be considered necessary in carrying out his or her functions.  2009, c. 21, s. 71; 2017, c. 6, Sched. 2, s. 74. Inspection to be permitted (2) A person shall, on request of an inspector, permit an inspector to gather information and otherwise carry out any inspection or inquiry pursuant to this Act and shall facilitate the work of the inspector.  2009, c. 21, s. 71. Obstruction prohibited (3) No person shall hinder or obstruct an inspector in the lawful performance of his or her functions or provide the inspector with false information or refuse to furnish information required for the purposes of an inspection under this Act.  2009, c. 21, s. 71. Inspection warrant (4) A provincial judge or justice of the peace may issue or renew a warrant authorizing the inspector to do anything set out in subsection (1) and as may be further specified in the warrant and for the period set out in the warrant, if the judge or justice is satisfied on the evidence under oath of an inspector that there are reasonable grounds for believing that it is appropriate for the administration of this Act for the inspector to do anything set out in subsection (1), and that the inspector may be unable to effectively carry out his or her functions without a warrant because, (a) a person has prevented the inspector from doing anything set out in subsection (1); (b) there are reasonable grounds for believing a person may prevent an inspector from doing anything set out in subsection (1); or (c) it is impractical due to the remoteness of the place to be inspected, or for any other reason, for the inspector to obtain a warrant under this section without delay if access is denied.  2009, c. 21, s. 71. Assistance (5) A warrant issued under subsection (4) may authorize any person specified in the warrant to accompany and assist the inspector in the execution of the warrant.  2009, c. 21, s. 71. Execution of warrants (6) A warrant issued under subsection (4) shall be executed at a time that is reasonable in view of any activity that is conducted on the land or at the place or at such time as the warrant may specify.  2009, c. 21, s. 71. Duration of warrants (7) A warrant issued under subsection (4) shall be valid for 30 days or for such shorter period as may be specified in it.  2009, c. 21, s. 71. Admissibility of copies (8) Copies of, or extracts from, documents or things removed under this section and certified as being true copies of, or extracts from, the originals by the person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the documents or things of which they are copies or extracts.  2009, c. 21, s. 71. Identification (9) An inspector who is acting under this Act shall, on request, produce identification and evidence of his or her appointment as an inspector.  2009, c. 21, s. 71. Assistance of police (10) An inspector may require a member of a police force to assist him or her for the purpose of carrying out his or her functions and powers under this Act.  2009, c. 21, s. 71. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 158 (10) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 31) Section Amendments with date in force (d/m/y) 1997, c. 38, s. 1 (1) - 18/12/1997 2009, c. 21, s. 71
- 28/10/2009 2017, c. 6, Sched. 2, s. 74 - 10/04/2018 2018, c. 3, Sched. 5, s. 33 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 31 - not in force 159-163 Repealed:  1997, c. 38, s. 1 (1). Section Amendments with date in force (d/m/y) 1997, c. 38, s. 1 (1) - 18/12/1997 PART XI   OFFENCES, PENALTIES AND PROSECUTIONS