M-13.1 - Mining Act

Section 251 Disposition versions

2024-11-29

251. The Minister may generally or specially authorize any person to act as an inspector to see to the enforcement of this Act and the regulations.

An inspector may have access to and inspect any place where an activity governed by this Act or the regulations is carried on. The inspector may, in such cases and by any reasonable, appropriate means,

(1)  record the state of a place or of 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 the inspector installs or that is already on the premises, for any reasonable period of time he determines;

(6)  access a facility, including a secure facility, that is 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 he specifies;

(8)  require any information relating to the application of this Act and the regulations and the communication of any related 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 and the regulations that is contained in an electronic device, computer system or other medium or to inspect, examine, process or reproduce 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.

The inspector may also immediately seize any thing if he has reasonable grounds to believe that the thing 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 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 holder of a mining right or the owner, lessee or custodian of a place being inspected and any person found there must lend assistance to the inspector in performing his duties.

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

1987, c. 64, s. 251; 2005, c. 45, s. 5; 2024, c. 36, s. 108.

2005-12-16

251. Every person generally or specially authorized by the Minister to act as an inspector may

(1)  enter, at any reasonable time, any place where an activity governed by this Act or the regulations is carried on and inspect it;

(2)  examine and make copies of the books, registers, plans, accounts, records and any other documents related to that activity;

(3)  require any information or document relating to the activities governed by this Act and the regulations;

(4)  take photographs of the premises and the property located there.

1987, c. 64, s. 251; 2005, c. 45, s. 5.

1988-10-24

251. Every person generally or specially authorized by the Minister to act as an inspector may

(1)  enter, at any reasonable time, any place where an activity governed by this Act or the regulations is carried on and inspect it;

(2)  examine and make copies of the books, registers, plans, accounts, records and any other documents related to that activity;

(3)  require any information or document relating to the activities governed by this Act and the regulations.

1987, c. 64, s. 251.