Acts and Regulations

2018, c.2 - Cannabis Control Act

Section 23
Disposition versions

Full text
Inspectors
23(1)The Minister may appoint or designate inspectors for the purpose of this Act.
23(2)The Minister shall issue to every inspector a certificate of appointment or designation.
23(3)An inspector, in the execution of their duties under this Act or the regulations, shall produce their certificate on request.
23(4)For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time,
(a) subject to subsection (4.1), enter and inspect any place, premises or vehicle to which this Act applies or any other place or premises connected or contiguous to that place or premises that are related to the operation of that place or premises and make any examinations or inquiries and conduct any tests that the inspector considers necessary or advisable,
(b) be accompanied and assisted by any person who, in the opinion of the inspector, has special knowledge or expertise,
(c) make inquiries of any person who is or was in the place, premises or vehicle,
(c.1) purchase any substance or material that the inspector believes to be cannabis,
(c.2) examine any substance or material found in the place, premises or vehicle and take, for the purpose of analysis, any samples of the substance or material,
(c.3) open and examine any package or other receptacle found in the place, premises or vehicle,
(d) require the production of documents or other things at the place, premises or vehicle and may inspect, examine, copy or remove them,
(e) require the production of a valid government-issued identification document, bearing a photograph of the person offering it, of any person who is or was in the place, premises or vehicle,
(f) exercise any other powers and perform any other duties that are prescribed by regulation, and
(g) exercise the powers and perform the duties that are incidental to the powers set out in paragraphs (a) to (e).
23(4.1)An inspector shall not enter a private dwelling under paragraph (4)(a) unless the inspector has the consent of the occupant or, if there is no occupant, the owner or has obtained an entry warrant under the Entry Warrants Act.
23(5)An inspector may apply to a judge for an entry warrant under the Entry Warrants Act before or after attempting to effect entry under paragraph (4)(a).
23(6)No person shall obstruct, interfere with or fail to cooperate with an inspector in the execution of the inspector’s duties under this Act.
23(6.1)A refusal of consent to enter a private dwelling is not and shall not be considered to be obstructing, interfering with or failing to cooperate with an inspector within the meaning of subsection (6), except if an entry warrant has been obtained.
23(7)An inspector who removes documents or other things under paragraph (4)(d) shall give a receipt for the items and return them as soon as possible after the making of copies or extracts.
23(8)Copies of or extracts from documents or other things removed from a place, premises or vehicle under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the documents or other things of which they are copies or from which they are extracts.
2022, c.5, s.4; 2024, c.10, s.1
Inspectors
23(1)The Minister may appoint or designate inspectors for the purpose of this Act.
23(2)The Minister shall issue to every inspector a certificate of appointment or designation.
23(3)An inspector, in the execution of their duties under this Act or the regulations, shall produce their certificate on request.
23(4)For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time,
(a) enter and inspect any place, area or vehicle to which this Act applies except a private dwelling and make any examinations or inquiries and conduct any tests that the inspector considers necessary or advisable,
(b) be accompanied and assisted by any person who, in the opinion of the inspector, has special knowledge or expertise,
(c) make inquiries of any person who is or was in a place, area or vehicle to which this Act applies,
(d) require the production of documents at a place, area or vehicle to which this Act applies and may inspect, examine, copy or remove them,
(e) require the production of a valid government-issued identification document, bearing a photograph of the person offering it, of any person who is or was in a place, area or vehicle where any activity is prohibited under this Act,
(f) exercise any other powers and perform any other duties that are prescribed by regulation, and
(g) exercise the powers and perform the duties that are incidental to the powers set out in paragraphs (a) to (e).
23(5)An inspector may apply to a judge for an entry warrant under the Entry Warrants Act before or after attempting to effect entry under paragraph (4)(a).
23(6)No person shall obstruct, interfere with or fail to cooperate with an inspector in the execution of the inspector’s duties under this Act.
23(7)An inspector who removes documents under paragraph (4)(d) shall give a receipt for the items and return them as soon as possible after the making of copies or extracts.
2022, c.5, s.4
Inspectors
23(1)The Minister may appoint or designate inspectors for the purpose of this Act.
23(2)The Minister shall issue to every inspector a certificate of appointment or designation.
23(3)An inspector, in the execution of his or her duties under this Act or the regulations, shall produce his or her certificate on request.
23(4)For the purpose of ensuring compliance with this Act and the regulations, an inspector may, at any reasonable time,
(a) enter and inspect any place, area or vehicle to which this Act applies except a private dwelling and make any examinations or inquiries and conduct any tests that the inspector considers necessary or advisable,
(b) be accompanied and assisted by any person who, in the opinion of the inspector, has special knowledge or expertise,
(c) make inquiries of any person who is or was in a place, area or vehicle to which this Act applies,
(d) require the production of documents at a place, area or vehicle to which this Act applies and may inspect, examine, copy or remove them,
(e) require the production of a valid government-issued identification document, bearing a photograph of the person offering it, of any person who is or was in a place, area or vehicle where any activity is prohibited under this Act,
(f) exercise any other powers and perform any other duties that are prescribed by regulation, and
(g) exercise the powers and perform the duties that are incidental to the powers set out in paragraphs (a) to (e).
23(5)An inspector may apply to a judge for an entry warrant under the Entry Warrants Act before or after attempting to effect entry under paragraph (4)(a).
23(6)No person shall obstruct, interfere with or fail to cooperate with an inspector in the execution of the inspector’s duties under this Act.
23(7)An inspector who removes documents under paragraph (4)(d) shall give a receipt for the items and return them as soon as possible after the making of copies or extracts.