14 (1) The Minister may appoint inspectors for the purposes of this Act.  1994, c. 10, s. 14 (1); 2005, c. 18, s. 2. Inspection (2) Subject to subsection (4), for the purpose of determining whether this Act is being complied with, an inspector may, without a warrant, and at any reasonable time, enter and inspect, (a) any place designated under subsection 4 (2); (b) any place where it is prohibited to smoke tobacco or hold lighted tobacco under section 9; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 14 (2) of the Act is amended by adding the following clause: (See: 2016, c. 13, s. 5 (1)) (b.1) any place where it is prohibited to smoke a prescribed product or substance or hold a lighted prescribed product or substance under section 12.1; (c) the establishments of tobacco manufacturers, wholesalers, distributors and retailers; and (d) any place where the inspector has reasonable grounds to believe that an activity regulated or prohibited under this Act is taking place. 2015, c. 7, Sched. 2, s. 4 (1). Restricted appointments (3) The Minister may, in an appointment, restrict the inspector’s powers of entry and inspection to specified places or kinds of places. 2015, c. 7, Sched. 2, s. 4 (1). Dwellings (4) An inspector shall not enter into a place or part of a place that is a dwelling without the consent of the occupant. 2015, c. 7, Sched. 2, s. 4 (1). (5) Repealed: 2015, c. 7, Sched. 2, s. 4 (1). Use of force (6) An inspector is not entitled to use force to enter and inspect a place.  1994, c. 10, s. 14 (6). Identification (7) An inspector conducting an inspection shall produce, on request, evidence of his or her appointment.  1994, c. 10, s. 14 (7). Powers of inspector (8) An inspector conducting an inspection may, (a) examine a record or other thing that is relevant to the inspection; (b) demand the production for inspection of a record or other thing that is relevant to the inspection; (c) remove for review and copying a record or other thing that is relevant to the inspection; (d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place; (d.1) remove a sample of a substance or any other thing that is relevant to the inspection or take a specimen that is relevant to the inspection; (e) question a person on matters relevant to the inspection; (f) if he or she finds that an employer is not complying with subsection 9 (3), direct the employer or a person whom the inspector believes to be in charge of the enclosed workplace to comply with the provision and may require the direction to be carried out forthwith or within such period of time as the inspector specifies; and Note: On a day to be named by proclamation of the Lieutenant Governor, clause 14 (8) (f) of the Act is amended by adding “or 12.1 (3)” after “subsection 9 (3)”. (See: 2016, c. 13, s. 5 (2)) (g) if he or she finds that a proprietor is not complying with subsection 9 (6), direct the proprietor or a person whom the inspector believes to be in charge of the enclosed public place to comply with the provisions and may require the direction to be carried out forthwith or within such period of time as the inspector specifies.  1994, c. 10, s. 14 (8); 2005, c. 18, s. 12 (1, 2); 2015, c. 7, Sched. 2, s. 4 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, clause 14 (8) (g) of the Act is amended by adding “or 12.1 (4)” after “subsection 9 (6)”. (See: 2016, c. 13, s. 5 (3)) Same, vending machines (9) An inspector conducting an inspection may open a vending machine for the selling or dispensing of tobacco if, (a) the vending machine is operable or is in a place to which the public has access; (b) the owner or operator of a place referred to in subsection 7 (1) refuses or is unable to open the machine; and (c) the inspector has reasonable grounds to believe that there is tobacco in the machine.  1994, c. 10, s. 14 (9). Exemption from liability (10) No person is liable for damage done to the machine in connection with the opening.  1994, c. 10, s. 14 (10). Seizure and forfeiture (11) The inspector may seize any tobacco and money found in the machine; the tobacco is forfeited and shall be dealt with as the Minister directs, and the money is forfeited to the Minister of Finance.  1994, c. 10, s. 14 (11); 2005, c. 18, s. 2. Written demand (12) A demand that a record or other thing be produced for inspection must be in writing and must include a statement of the nature of the record or thing required.  1994, c. 10, s. 14 (12). Obligation to produce and assist (13) If an inspector demands that a record or other thing be produced for inspection, the person who has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form.  1994, c. 10, s. 14 (13). Records and things removed from place (14) A record or other thing that has been removed for review and copying, (a) shall be made available to the person from whom it was removed, for review and copying, on request and at a time and place that are convenient for the person and for the inspector; and (b) shall be returned to the person within a reasonable time.  1994, c. 10, s. 14 (14). Copy admissible in evidence (15) A copy of a record that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original, and has the same evidentiary value.  1994, c. 10, s. 14 (15). Obstruction (16) No person shall hinder, obstruct or interfere with an inspector conducting an inspection, refuse to answer questions on matters relevant to the inspection or provide the inspector with information, on matters relevant to the inspection, that the person knows to be false or misleading.  1994, c. 10, s. 14 (16); 2017, c. 20, Sched. 11, s. 39. Definition (17) In this section, “record” means any collection of information however recorded, whether in printed form, on film, by electronic means or otherwise and includes any data that is recorded or stored on any medium in or by a computer system or similar device as well as drawings, specifications or floor plans for an enclosed workplace.  2005, c. 18, s. 12 (3). Section Amendments with date in force (d/m/y) 2005, c. 18, s. 2
- 31/05/2006; 2005, c. 18, s. 12 (1-3)
- 31/05/2006 2015, c. 7, Sched. 2, s. 4 (1, 2) - 01/01/2016 2016, c. 13, s. 5 (1-3)
- not in force 2017, c. 20, Sched. 11, s. 39 - 14/11/2017 Offences