INSPECTION
Marginal note Definition of “inspector”
101. In sections 102 to 105, “inspector” means a firearms officer and includes, in respect of a province, a member of a class of individuals designated by the provincial minister.
Inspection
102. (1) Subject to section 104, for the purpose of ensuring compliance with this Act and the regulations, an inspector may at any reasonable time enter and inspect any place where the inspector believes on reasonable grounds a business is being carried on or there is a record of a business, any place in which the inspector believes on reasonable grounds there is a gun collection or a record in relation to a gun collection or any place in which the inspector believes on reasonable grounds there is a prohibited firearm or there are more than 10 firearms and may
(a) open any container that the inspector believes on reasonable grounds contains a firearm or other thing in respect of which this Act or the regulations apply;
(b) examine any firearm and examine any other thing that the inspector finds and take samples of it;
(c) conduct any tests or analyses or take any measurements; and
(d) require any person to produce for examination or copying any records, books of account or other documents that the inspector believes on reasonable grounds contain information that is relevant to the enforcement of this Act or the regulations.
Operation of data processing systems and copying equipment
(2) In carrying out an inspection of a place under subsection (1), an inspector may
(a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;
(b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and remove the print-out or other output for examination or copying; and
(c) use or cause to be used any copying equipment at the place to make copies of any record, book of account or other document.
Use of force
(3) In carrying out an inspection of a place under subsection (1), an inspector may not use force.
Marginal note:Receipt for things taken
(4) An inspector who takes any thing while carrying out an inspection of a place under subsection (1) must give to the owner or occupant of the place at the time that the thing is taken a receipt for the thing that describes the thing with reasonable precision, including, in the case of a firearm, the serial number if available of the firearm.
Definition of “business”
(5) For greater certainty, in this section, “business” has the meaning assigned by subsection 2(1).
Duty to assist inspectors
103. The owner or person in charge of a place that is inspected by an inspector under section 102 and every person found in the place shall
(a) give the inspector all reasonable assistance to enable him or her to carry out the inspection and exercise any power conferred by section 102; and
(b) provide the inspector with any information relevant to the enforcement of this Act or the regulations that he or she may reasonably require.
Inspection of dwelling-house
104. (1) An inspector may not enter a dwelling-house under section 102 except
(a) on reasonable notice to the owner or occupant, except where a business is being carried on in the dwelling-house; and
(b) with the consent of the occupant or under a warrant.
Authority to issue warrant
(2) A justice who on ex parte application is satisfied by information on oath
(a) that the conditions for entry described in section 102 exist in relation to a dwelling-house,
(b) that entry to the dwelling-house is necessary for any purpose relating to the enforcement of this Act or the regulations, and
(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused
may issue a warrant authorizing the inspector named in it to enter that dwelling-house subject to any conditions that may be specified in the warrant.
Areas that may be inspected
(3) For greater certainty, an inspector who is carrying out an inspection of a dwelling-house may enter and inspect only
(a) that part of a room of the dwelling-house in which the inspector believes on reasonable grounds there is a firearm, prohibited weapon, restricted weapon, prohibited device, prohibited ammunition, a record in relation to a gun collection or all or part of a device or other thing required by a regulation made under paragraph 117(h) respecting the storage of firearms and restricted weapons; and
(b) in addition, in the case of a dwelling-house where the inspector believes on reasonable grounds a business is being carried on, that part of a room in which the inspector believes on reasonable grounds there is ammunition or a record of the business.