Food and Drugs Act

Marginal note:Powers of inspectors

• 23 (1) Subject to subsection (9), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations, enter any place, including a conveyance, in which they believe on reasonable grounds

  • (a) an activity that may be regulated under this Act is being conducted;

  • (b) any article to which this Act or the regulations apply is located; or

  • (c) an activity could be conducted under an authorization, including a licence, for which an application is under consideration by the Minister.

• Marginal note:Other powers

  (2) The inspector may, in the place entered under subsection (1),

  • (a) examine any article to which this Act or the regulations apply or anything that the inspector believes on reasonable grounds is used or is capable of being used for an activity regulated under this Act;

  • (b) open and examine any receptacle or package that the inspector believes on reasonable grounds contains any article to which this Act or the regulations apply;

  • (c) examine — and make copies of or take extracts from — any record, report, electronic data or other document that is found at the place and that the inspector believes on reasonable grounds includes information relevant to the administration of this Act or the regulations;

  • (d) cause to be reproduced any electronic data referred to in paragraph (c);

  • (e) use, or cause to be used, any computer system or telecommunication system at the place;

  • (f) examine — and reproduce or cause to be reproduced — any electronic data that is contained in or available to a system referred to in paragraph (e) and that the inspector believes on reasonable grounds includes information relevant to the administration of this Act or the regulations;

  • (g) remove, for examination or copying, any copies made or extracts taken under paragraph (c), (d) or (f);

  • (h) test anything that the inspector believes on reasonable grounds is an article to which this Act or the regulations apply;

  • (i) take samples of any food, drug, cosmetic, device or anything used for an activity regulated under this Act;

  • (j) take photographs and make recordings and sketches;

  • (k) remove anything from the place for the purpose of examination, conducting tests or taking samples; and

  • (l) seize and detain for the time that may be necessary any article that the inspector believes on reasonable grounds is an article by means of, or in relation to which, any provision of this Act or the regulations has been contravened.

• Marginal note:Means of telecommunication

  (3) For the purposes of subsection (1), an inspector is considered to have entered a place when they access it remotely by a means of telecommunication.

• Marginal note:Limitation — access by means of telecommunication

  (4) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public shall do so with the knowledge of the owner or person in charge of the place and only for the period necessary for the purpose referred to in subsection (1).

• Marginal note:Stopping or moving conveyance

  (5) For the purpose of entering a conveyance, an inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it.

• Marginal note:Duty to comply

  (6) An owner or person who, under subsection (5), is ordered to stop or move a conveyance shall stop or move it.

• Marginal note:Individual accompanying inspector

  (7) An inspector may be accompanied by any other individual that the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section.

• Marginal note:Entering private property

  (8) An inspector and any individual accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so.

• Marginal note:Warrant to enter dwelling-house

  (9) In the case of a dwelling-house, an inspector may enter it only with the consent of the occupant or under the authority of a warrant issued under subsection (10).

• Marginal note:Authority to issue warrant

  (10) A justice of the peace may, on ex parte application, issue a warrant authorizing the inspector named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

  • (a) the dwelling-house is a place referred to in subsection (1);

  • (b) entry to the dwelling-house is necessary for a purpose referred to in that subsection; and

  • (c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that it will be refused.

• Marginal note:Use of force

  (11) In executing a warrant issued under subsection (10), an inspector shall not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

• Marginal note:Telewarrant

  (12) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (10), a warrant may be issued by telephone or other means of telecommunication on information on oath submitted by telephone or other means of telecommunication and section 487.1 of the Criminal Code applies for that purpose with any necessary modifications.

• Marginal note:Assistance to inspector

  (13) The owner or other person in charge of a place entered by an inspector under subsection (1) and every individual found there shall

  • (a) give the inspector all reasonable assistance; and

  • (b) provide the inspector with any information that the inspector may reasonably require, including information that is necessary to establish their identity to the inspector’s satisfaction.

• Marginal note:Definition of article to which this Act or the regulations apply

  (14) In subsections (1) and (2), article to which this Act or the regulations apply includes

  • (a) any food, drug, cosmetic or device;

  • (b) anything used for an activity regulated under this Act; and

  • (c) any record, report, electronic data or other document — including any labelling or advertising material — relating to the administration of this Act or the regulations.