Acts and Regulations

C-5.2 - Clean Air Act

Section 23
Disposition versions

Full text
Designation and powers of inspectors
23(1)The Minister may designate persons as inspectors for the purposes of this Act.
23(2)An inspector, at any reasonable time and upon presentation of proof of identification on a form provided by the Minister, may, for the purpose of administering this Act,
(a) enter and inspect any area, land, place or premises
(i) where the inspector reasonably believes a contaminant was or is being or will be produced,
(ii) in, into or from which the inspector reasonably believes a contaminant was or is being or will be released, or
(iii) that the inspector reasonably believes otherwise did pose, poses or could pose a threat to the quality or constitution of the air,
(b) inspect any structure, installation, operation, plant or machinery, inspect and test any process of production or manufacture and any raw or manufactured substance or material used in or relating to the process that the inspector reasonably believes has been, is or will be producing or releasing a contaminant or otherwise did pose, poses or could pose a threat to the quality or constitution of air and take samples of discharges, deposits, effluents or emissions,
(c) take samples of any substance or material,
(d) enter any area, land, place or premises where the inspector reasonably believes that air has been, is being or will be used or contaminated contrary to the provisions of this Act or the regulations, and
(e) inspect any structure, installation, operation, plant or machinery, and inspect and test any process of production or manufacture, to determine whether air has been, is being or will be used or contaminated contrary to the provisions of this Act or the regulations.
23(3)If the Minister has reasonable and probable grounds to believe that a contaminant has been, is being or may be released into the air and that the release may adversely affect the air or the environment, an inspector, at any time and upon presentation of proof of identification on a form provided by the Minister, and any other agent of the Minister who is accompanying an inspector, may exercise any of the powers provided under subsection (2) in order to identify the extent of any such release and assess any potential adverse effect that it may have had or may have on the environment.
23(4)An inspector shall not enter a private dwelling for the purposes of this section unless the inspector
(a) is acting in an emergency situation,
(b) has the consent of a person who appears to be an adult and an occupant of the dwelling, or
(c) obtains an entry warrant in accordance with the Entry Warrants Act.
23(5)An inspector may detain for the purposes of evidence
(a) any object, substance or material or a sample of any object, substance or material, and
(b) any records, other documentation or other information regardless of physical form or characteristics, and such software, hardware or other equipment necessary to access them as the inspector may reasonably require,
that the inspector discovers while acting under this section and believes, on reasonable grounds, may afford evidence of a violation of a provision of or a failure to comply with this Act or the regulations.
Designation and powers of inspectors
23(1)The Minister may designate persons as inspectors for the purposes of this Act.
23(2)An inspector, at any reasonable time and upon presentation of proof of identification on a form provided by the Minister, may, for the purpose of administering this Act,
(a) enter and inspect any area, land, place or premises
(i) where the inspector reasonably believes a contaminant was or is being or will be produced,
(ii) in, into or from which the inspector reasonably believes a contaminant was or is being or will be released, or
(iii) that the inspector reasonably believes otherwise did pose, poses or could pose a threat to the quality or constitution of the air,
(b) inspect any structure, installation, operation, plant or machinery, inspect and test any process of production or manufacture and any raw or manufactured substance or material used in or relating to the process that the inspector reasonably believes has been, is or will be producing or releasing a contaminant or otherwise did pose, poses or could pose a threat to the quality or constitution of air and take samples of discharges, deposits, effluents or emissions,
(c) take samples of any substance or material,
(d) enter any area, land, place or premises where the inspector reasonably believes that air has been, is being or will be used or contaminated contrary to the provisions of this Act or the regulations, and
(e) inspect any structure, installation, operation, plant or machinery, and inspect and test any process of production or manufacture, to determine whether air has been, is being or will be used or contaminated contrary to the provisions of this Act or the regulations.
23(3)If the Minister has reasonable and probable grounds to believe that a contaminant has been, is being or may be released into the air and that the release may adversely affect the air or the environment, an inspector, at any time and upon presentation of proof of identification on a form provided by the Minister, and any other agent of the Minister who is accompanying an inspector, may exercise any of the powers provided under subsection (2) in order to identify the extent of any such release and assess any potential adverse effect that it may have had or may have on the environment.
23(4)An inspector shall not enter a private dwelling for the purposes of this section unless the inspector
(a) is acting in an emergency situation,
(b) has the consent of a person who appears to be an adult and an occupant of the dwelling, or
(c) obtains an entry warrant in accordance with the Entry Warrants Act.
23(5)An inspector may detain for the purposes of evidence
(a) any object, substance or material or a sample of any object, substance or material, and
(b) any records, other documentation or other information regardless of physical form or characteristics, and such software, hardware or other equipment necessary to access them as the inspector may reasonably require,
that the inspector discovers while acting under this section and believes, on reasonable grounds, may afford evidence of a violation of a provision of or a failure to comply with this Act or the regulations.