81 (1) A provincial officer may, at any reasonable time and without a warrant or court order, conduct an inspection for the purposes of determining compliance of any person with this Act or the regulations.  2002, c. 32, s. 81 (1). Powers of provincial officer (2) A provincial officer may do any one or more of the following in the course of conducting an inspection: 1.  Enter into or on any part of the natural environment to ascertain or to attempt to ascertain, i.  the extent to which a drinking water health hazard, if any, exists or did exist, ii.  the cause of any drinking water health hazard, or iii.  how a drinking water health hazard may be prevented, eliminated or ameliorated, and the natural environment restored. 2.  Enter any place where the provincial officer reasonably believes a drinking water system or part of a drinking water system is located. 3.  Enter any place where the provincial officer reasonably believes plumbing is located if the provincial officer reasonably believes, i.  the condition of the plumbing or something in the water in the plumbing may create a drinking water health hazard, or ii.  a thing may be found in the plumbing or connected to the plumbing that may create a drinking water health hazard. 4.  Enter any place where the provincial officer reasonably believes drinking water tests are conducted. 5.  Enter any place where the provincial officer reasonably believes is likely to contain documents that relate to, i.  an activity or undertaking that is, or is required to be, the subject of a certificate, permit, licence, approval, agreement or order under this Act, ii.  an activity or undertaking that is exempted under this Act from a requirement to have an approval, permit or licence, if the activity or undertaking is regulated by the provisions of this Act or the regulations, or iii.  a drinking water system. 6.  Enter any place that the provincial officer reasonably believes, i.  is, or is required to be, subject to or referred to in a permit, licence, approval, order or agreement under this Act, ii.  is subject to or referred to in a provision of this Act or the regulations that provides an exemption from a requirement to have an approval, permit or licence under this Act, if the provisions of this Act or the regulations regulate any activity or undertaking at the place, or iii.  is regulated by a provision of this Act or the regulations. 7.  Require that any thing be operated, used or set in motion under conditions specified by the provincial officer. 8.  Take samples for testing. 9.  Conduct tests, take measurements and carry away samples from the testing. 10.  Examine, record or copy any document by any method. 11.  Record the condition of a place or a part of the natural environment by means of a photograph, video recording or other visual recording. 12.  Require the production of any document required to be kept under this Act and of any other document related to the purposes of the inspection. 13.  Remove from a place documents produced under paragraph 12 for the purpose of making copies. 14.  Make reasonable inquiries of any person, orally or in writing. 15.  Make necessary excavations. 16.  Require any person at a place that tests drinking water to conduct a test under conditions specified by the provincial officer.  2002, c. 32, s. 81 (2); 2009, c. 19, s. 72 (9). Limitation re photographs, recordings (3) A record made under paragraph 11 of subsection (2) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy.  2002, c. 32, s. 81 (3). Limitation re removal of documents (4) A provincial officer shall not remove documents under paragraph 13 of subsection (2) without giving a receipt for them and shall promptly return the documents to the person who produced them.  2002, c. 32, s. 81 (4). Power to exclude persons (5) A provincial officer who exercises the power set out in paragraph 14 of subsection (2) may exclude from the questioning any person except counsel for the individual being questioned.  2002, c. 32, s. 81 (5); 2009, c. 33, Sched. 15, s. 10 (1). Assistance to be given (6) A provincial officer may, in the course of an inspection, require a person to produce a document and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce a document in readable form and the person shall produce the document or provide the assistance.  2002, c. 32, s. 81 (6). Assistance in inspection of drinking water system (7) The following persons may accompany a provincial officer on an inspection conducted under this section for the purposes of assessing the condition of a drinking water system and reporting to the Director: 1.  If the Director has issued or is considering issuing a notice of emergency response under Part IX, an employee or agent of the Agency or the person to whom the Director issued or would issue the notice of emergency response. 2.  If the Director has appointed or is considering appointing an interim operating authority under Part IX, an employee or agent of the interim operating authority. 3.  If the Director has issued or is considering issuing a notice to a municipality under subsection 114 (2), an employee or agent of the municipality. 4.  A person who has special, expert or professional knowledge in relation to the operation of a drinking water system.  2002, c. 32, s. 81 (7). Assistance in inspecting laboratory (8) An employee in the Ministry with expertise in drinking water testing may accompany a provincial officer on an inspection of a laboratory conducted under this section for the purposes of assessing the competence of the laboratory to conduct a drinking water test and of reporting to the Director appointed for the purposes of Part VIII.  2002, c. 32, s. 81 (8); 2006, c. 35, Sched. C, s. 119 (4). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 119 (4) - 20/08/2007 2009, c. 19, s. 72 (9)
- 01/01/2010; 2009, c. 33, Sched. 15, s. 10 (1) - 15/12/2009 Authority to stop vehicles and vessels