R-1.01 - Act ending exploration for petroleum and underground reservoirs and production of petroleum and brine

Section 48 Disposition versions

2022-08-23

48. Every person authorized by the Minister to act as an inspector for the purposes of this Act and the regulations may, at any reasonable time, enter land, including private land, a building or a vehicle to examine the premises and conduct an inspection. Inspectors may, in such cases, by any reasonable, appropriate means:

(1)  record the state of a place or property situated there;

(2)  collect samples, conduct tests and perform analyses;

(3)  carry out any necessary excavation or drilling to assess the state of the premises;

(4)  install any measuring apparatus necessary for taking measurements on the premises and subsequently remove the apparatus;

(5)  take measurements, including continuous measurements, using an apparatus they install or that is already on the premises, for any reasonable period of time they determine;

(6)  access a facility, including a secure facility, found on the premises;

(7)  set in action or use an apparatus or equipment to ensure that the inspection is properly conducted or require the apparatus or equipment to be set in action or used within the time and according to the conditions they specify;

(8)  require the provision of any information relating to the application of this Act or the regulations and the communication of any relevant documents for examination, recording and reproduction;

(9)  use any computer, equipment or other thing that is on the premises to access data relating to the application of this Act or the regulations that is contained in an electronic device, computer system or other medium or to inspect, examine, process, copy or print out such data; and

(10)  be accompanied by any person whose presence is considered necessary for the purposes of the inspection, who may then exercise the powers set out in subparagraphs 1 to 9.

An inspector may also immediately seize any thing if they have reasonable grounds to believe that it constitutes proof of an offence under this Act.

The rules established by the Code of Penal Procedure (chapter C-25.1) apply, with the necessary modifications, to things seized by the inspector under the second paragraph, except in respect of section 129 for the custody of the thing seized. In such a case, the inspector has custody of the thing seized even when it is submitted in evidence and until a judge declares it forfeited or orders it returned to its owner, unless the judge decides otherwise. However, the Minister may authorize an inspector to entrust the offender with the custody of the thing seized, and the offender must accept custody of it until a judge declares it forfeited or orders it returned to its owner.

The owner, lessee or custodian of land, a building or a vehicle being inspected and any person found there must lend assistance to an inspector in performing their duties.

The obligation set out in the fourth paragraph also applies to persons accompanying an inspector.

2022, c. 10, s. 1.

Not in force

In force: 2022-08-23

48. Every person authorized by the Minister to act as an inspector for the purposes of this Act and the regulations may, at any reasonable time, enter land, including private land, a building or a vehicle to examine the premises and conduct an inspection. Inspectors may, in such cases, by any reasonable, appropriate means:

(1)  record the state of a place or property situated there;

(2)  collect samples, conduct tests and perform analyses;

(3)  carry out any necessary excavation or drilling to assess the state of the premises;

(4)  install any measuring apparatus necessary for taking measurements on the premises and subsequently remove the apparatus;

(5)  take measurements, including continuous measurements, using an apparatus they install or that is already on the premises, for any reasonable period of time they determine;

(6)  access a facility, including a secure facility, found on the premises;

(7)  set in action or use an apparatus or equipment to ensure that the inspection is properly conducted or require the apparatus or equipment to be set in action or used within the time and according to the conditions they specify;

(8)  require the provision of any information relating to the application of this Act or the regulations and the communication of any relevant documents for examination, recording and reproduction;

(9)  use any computer, equipment or other thing that is on the premises to access data relating to the application of this Act or the regulations that is contained in an electronic device, computer system or other medium or to inspect, examine, process, copy or print out such data; and

(10)  be accompanied by any person whose presence is considered necessary for the purposes of the inspection, who may then exercise the powers set out in subparagraphs 1 to 9.

An inspector may also immediately seize any thing if they have reasonable grounds to believe that it constitutes proof of an offence under this Act.

The rules established by the Code of Penal Procedure (chapter C-25.1) apply, with the necessary modifications, to things seized by the inspector under the second paragraph, except in respect of section 129 for the custody of the thing seized. In such a case, the inspector has custody of the thing seized even when it is submitted in evidence and until a judge declares it forfeited or orders it returned to its owner, unless the judge decides otherwise. However, the Minister may authorize an inspector to entrust the offender with the custody of the thing seized, and the offender must accept custody of it until a judge declares it forfeited or orders it returned to its owner.

The owner, lessee or custodian of land, a building or a vehicle being inspected and any person found there must lend assistance to an inspector in performing their duties.

The obligation set out in the fourth paragraph also applies to persons accompanying an inspector.

2022, c. 10, s. 1.