Designation and powers of inspectors
17(1)The Minister may designate persons as inspectors for the purposes of this Act.
17(2)An inspector, at any reasonable time and upon presentation of identification on a form provided by the Minister, may, for the purpose of administering this Act,
(a)
enter any area, land, place or premises where the inspector reasonably believes a contaminant was or is being or will be produced, in, into or from which the inspector reasonably believes a contaminant was or is being or will be released or that otherwise did pose, poses or could pose a threat to the allocation, quality or quantity of water and inspect the area, land, place or premises,
(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 allocation, quality or quantity of water 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 water has been, is being or will be used, contaminated or diverted contrary to the provisions of this Act or the regulations,
(e)
inspect any structure, installation, operation, plant or machinery and inspect and test any process of production or manufacture to determine whether water has been, is being or will be used, contaminated or diverted contrary to the provisions of this Act or the regulations, and
(f)
enter and inspect any area, land, place or premises that is wholly or partly situated on or in an area designated as a protected area under a Designation Order or under the order filed as New Brunswick Regulation 90-136 and
(i)
inspect any structure, installation, operation, plant or machinery that is situated wholly or partly on or in the area, land, place or premises, or
(ii)
inspect and test any air, water, soil, contaminant, other material regardless of form or process of production or manufacture that is situated wholly or partly on or in the area, land, place or premises.
17(3)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.
17(4)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 documentary material regardless of physical form or characteristics,
which 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 under this Act or the regulations.
1989, c.53, s.5; 1993, c.19, s.11; 2002, c.26, s.16