« Lex Loci

Search and Seizure

September 10th, 2014   Authored by Christian Popowich and Jennifer Joss

A regulator’s right to search your property and to seize items without a warrant arises from the dozens of provincial and federal statutes as well as municipal bylaws that regulate everything from environmental protection to real estate.

Inspectors may have the right to enter onto your land, inspect and copy documents, seize equipment and require you to cooperate. The specific search and seizure powers an inspector may have depend upon the regulator’s empowering legislation. As a result, to know your rights and obligations you must look at the legislation.

To assist you in knowing your rights and obligations, we have compiled the statutory provisions that authorize Alberta’s provincial regulators to search and to seize property. These summaries are intended to provide a rough guide and do not substitute legal guidance. For more information, please contact Christian Popowich, Chad Babiuk or Ravi Jadusingh of Code Hunter LLP.

Legislative Summaries

An inspector has arrived, now what?

A regulatory inspector arrives at your door to ask your employees questions and to take samples. Do you shut the door or provide full disclosure? Will you be charged if you fail to assist?

Your rights and responsibilities as well as what the inspector has the power to do when they visit depend upon which Act applies to the inspection or investigation. If you do not know, ask the inspector.

*You should always contact legal counsel immediately.

Agricultural Operation Practices Act

As an agricultural operator, you may be subject to a regulatory inspection or investigation. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated.

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

  • What the inspector may do
    • Access any premise believed to be used in connection with agricultural operations except a private dwelling (1)
    • Run equipment that is used to manage manure (2)
    • Take samples (3)
    • Conduct tests or take measurements (4)
    • Inspect and make copies of any record OR remove the record to make copies (5)
    • Record or copy information (6)
    • Take photographs or record audio-video (7)
    • Make reasonable inquiries of any person, orally or in writing (8)
  • What you must do
    • You have a duty not to resist, obstruct or delay the inspection (9)
  • You may be given an enforcement or emergency order. An enforcement order may
    • Require you to create a plan that will bring your operation into compliance (10)
    • Require you to stop any act (11)
    • Require you to investigate, construct, alter or repair (12)
    • Suspend an approval, registration or authorization (13)
    • Specify actions you must take to be in compliance (14)

* If you fail to comply with the inspection you may be fined up to $10,000. (15)
1. 30(1), 2. 30(2)(a) 3. 30(2)(b), 4. 30(2)(c), 5. 30(2)(d), 6. 30(2)(e), 7. 30(2)(f), 8. 30(2)(g), 9. 30(3), 10. 39(1)(b), 11. 39(1)(c), 12. 39(1)(d), 13. 39(1)(e), 14. 39(1)(f), 15. 34

Agricultural Pests Act

As an owner or occupant of any land in Alberta, inspectors may inspect your land for a pest or nuisance. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated.

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

  • What the inspector may do
    • At any reasonable hour access any land except a private dwelling. (1) A private dwelling can be accessed only with a warrant. (2)
    • Direct you to control or confine livestock (3)
    • Take specimens of the pest or anything suspected of containing pest (4)
  • What you must do
    • You must not obstruct the inspector (5)
  • You may be required to
    • Cease any contravention (6)
    • Stop the operation of a plant or equipment (7)

* If you fail to comply with the inspection you may be fined up to $5,000. (8)
1. 17(2)(a), 2. 18(1), 3. 17(2)(b), 4. 17(2)(c), 5. 22(a), 6. 20(2)(a), 7. 20(2)(b), 8. 23

Alberta Corporate Tax Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • Inspect, audit or examine the books and records (1)
    • Examine property in an inventory of a corporation and any other person relating to the matter (2)
    • Enter any premise other than a dwelling-place. (3) A private dwelling can be accessed only with a warrant. (4)
    • Use force if authorized in the warrant, and if accompanied by a peace officer (5)
    • Require the owner or manager to attend the premises (6)
  • What you must do
    • Give reasonable assistance and make reasonable efforts to answer all proper questions (7)
    • You must not hinder or interfere the inspector (8)

*If you fail to comply with the inspection you may be fined between $1,000 and $25,000 or to imprisonment for up to 12 months, or to both. (9)

1. 63(1)(a), 2. 63(1)(c), 3. 63(2)(a), 4. 63(3), 5. (63)(5), 6. 63(1)(e), 7. 63(1)(e), 8. 68, 9. 76(1)(3)

Alberta Utilities Commission Act

When the Market Surveillance Administrator arrives, ask the purpose of the Administrator’s visit and do not volunteer more information than you are required to give.

Phone legal counsel immediately if you are being investigated

  • What the Market Surveillance Administrator may do
    • Enter and inspect the premises of an electricity market participant or a natural gas market participant (1)
    • Make reasonable inquiries of an employee (2)
    • Request the production of relevant records (3)
    • Temporarily remove (4) and make copies (5) of records that are or may be relevant
    • Request access to operate or have any computer system be operated (6)
  • What the Market Surveillance Administrator must do
    • Carry out any activity at a reasonable time (7)
    • Carry identification and present it upon request (8)
  • What you must do
    • Cooperate with the Market Surveillance Administrator (9)

*A person who is guilty of an offence under this section is liable to a fine not exceeding $3,000,000 for each day the offence continues.

1. 46(1)(a), 2. 46(1)(b), 3. 46(1)(c), 4. 46(1)(d), 5. (46(1)(e), 6. 46(1)(f), 7. 46(1)(2), 8. 46(1)(6), 9. 46(1)(4)

Animal Health Act

If you are transporting animals or animal products or keeping them on your premise within Alberta, inspectors may conduct an inspection. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

  • What the inspector may do
    • At any reasonable time access any land except a private dwelling (1)
    • Examine vehicles (2)
    • Take samples (3) and require tests (4)
    • Require you to disinfect vehicles (5)
    • Inspect animals or animal products (6)
    • Take photographs (7)
  • What the inspector cannot do
    • Enter into a private dwelling without consent from the owner or occupant, (8) or until the inspector obtains an order from a judge (9)
  • What you must do
    • Answer all questions concerning the animals (10)
    • Produce documents and records pertaining to the animals (11)
    • Provide assistance to the inspector (12)
    • You have a duty not to provide false or misleading information (13)

*If you interfere or hinder the inspection you may be fined up to $15,000. (14)

1. 38(1)(a), 2. 37(2)(b), 3. 37(2)(c), 4. 38(2)(c), 5. 37(2)(f)(ii), 6. 38(1)(b), 7. 38(2)(d), 8. 38(3)(a), 9. 38(3)(b), 10. 37(2)(d) and 38(2)(b), 11. 37(2)(e) and 38(2)(a), 12. 38(2)(e), 13. 42(2), 14. 68(1)(a)

Alberta Housing Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • Inspect the financial or administrative condition of a management body, (1) or any related matter (2)
    • Require the presence of any member of the board, officer or employee (3)
  • What you must do
    • Produce all books, records and documents if required to do so (4)

1. 9(1)(a), 2. 9(1)(b), 3. 9(3)(a), 4. 9(4)

Animal Protection Act

If you are keeping animals on your premises for the purpose of selling exhibiting them, a peace officer may inspect the premises. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated.

When the peace officer arrives, ask the purpose of the officer’s visit and do not volunteer more information than you are required to give.

  • What the peace officer may do
    • Enter into any premise where animals are kept during ordinary business hours (1)
    • Inspect any vehicle used to transport animals (2)
  • What you must do
    • You have a duty to not obstruct or hinder the peace officer (3)

* If you interfere or hinder the inspection you may be fined up to $20,000. (4)

1. 10(1)(a), 2. 10(1)(b), 3. 11, 4. 12(1)

Apprenticeship and Industry Training Act

If you are training people for a trade or occupation, an officer may inspect the premises. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the officer arrives, ask the purpose of the officer’s visit and do not volunteer more information than you are required to give.

  • What the inspector may do
    • Access any premise where work is carried out (1)
    • Access a private residence only with the permission of an adult resident (2)
    • Inspect the premise (3) and any documents relating to the work (4)
    • Make copies of documents or take photographs (5)
    • Make inquiries (6)
  • What you must do
    • You have a duty to not impede the investigation (7)
    • Give access to the premise if the inspector has an order (you may be required to pay costs for the application) (8)

*If you interfere or hinder the inspection you may be fined up to $15,000. (9)

1. 50(1), 2. 50(3), 3. 50(2)(a)(i), 4. 50(2)(a)(ii), 5. 50(2)(b), 6. 50(2)(c), 7. 51(1), 62. 51(2) and 51(6), 8. 54(1)

Bee Act

If you are an apiculturist, your premise may be inspected. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the officer arrives, ask the purpose of the officer’s visit and do not volunteer more information than you are required to give.

  • What the inspector may do
    • At any reasonable hour access any land except a private dwelling (1)
    • Inspect bees and equipment (2)
    • Demand the production of documents (3)
    • Examine and make copies of any documents that relate to the bees (64)
    • Remove bees to test for disease or for presence of Africanized bee (5)
  • What you must do
    • You have a duty to not resist or obstruct an inspector (6)
    • Upon demand, provide a complete list of the legal descriptions of land where the bee colonies occupy (7)

*If you interfere or hinder the inspection you may be fined up to $2,500. (8)

1. 3(1), 2. 3(1)(a), 3. 4(1), 4. 3(1)(a), 5. 3(1)(c), 6. 14(c), 7. 6(2), 8. 14

Charitable Fund-Raising Act

If you operate a charitable organization or fund-raising business, your premise may be inspected. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the officer arrives, ask the purpose of the officer’s visit and do not volunteer more information than you are required to give.

  • What the inspector may do
    • Enter and inspect the premises if notice has been given and is performed at a reasonable time (1)
    • Inspect and remove to make copies any document or record pertaining to the Act (2)
  • What you must do
    • You have a duty not to make false statements or misrepresent any fact (3)

*If you make a false statement you may be fined up to $100,000. (4)

1. 39(1) and 39(2)(a), 2. 39(4), 3. 48, 4. 55(2)(a)

Child and Family Services Authorities Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • Enter any place of an Authority or a service provider (1)
    • Examine records and documents, and temporarily remove them to make copies (2)
    • Inspect and take samples of any food, medication or equipment (3)
  • What the inspector must do
    • Provide a receipt when removing documents, records, material, food, medication or equipment (4)
    • Return the items when they have served the purposes for which they were taken (5)
  • What you must do
    • You must not prevent, hinder or obstruct the inspector (6)

1. 16(2)(a), 2. 16(2)(b), 3. 16(2)(c), 4. 16(4)(a), 5. 16(4)(c), 6. 16(5)

Child Care Licensing Act

If you operate a child care facility, your premise may be inspected. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

  • What the inspector may do
    • Enter and inspect the premises at any reasonable hour (1)
    • Require the production of documents (2)
  • What you must do
    • You have a duty not to obstruct the inspection (3)

*If you interfere, hinder or obstruct the inspection you may be fined up to $10,000 or to imprisonment of up to 12 months, or to both. (4)

1. 10(1)(a), 2. 10(1)(b), 3. 26(b), 4. 26(b)

Climate Change and Emissions Management Act

As an owner or operator of a facility that emits specified gas, inspectors may inspect your premise. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

  • What the inspector may do
    • • At any reasonable time, access any place which is believed to have released specified gas into the environment or is likely to contain documents related to a release (1)
    • Access a private dwelling with the occupant’s consent (2) or with either an order or a search warrant (3)
    • Use any machine (4), search any computer (5)
    • Take samples (6), conduct tests (7)
    • Make copies of any document related to a release (8), copy any information (9) and take audio-video recordings (10)
    • Make inquiries either in writing or orally (11)
    • Exclude anyone, except counsel, from questioning (12)
  • What you must do
    • You must provide all reasonable assistance (13) and furnish all information (14)
    • You must not interfere with the inspection (15)
    • You must not provide false information (16)

If you fail to comply with the inspection you may be fined up to $100,000 or to 2 years imprisonment (17). The corporation may be fined up to $1,000,000. (18)

1. 13(1), 2. 14(a), 3. 14(b), 4. 13(2)(b), 5. 13(2)(f), 6. 13(2)(c), 7. 13(2)(d), 8. 13(2)(e), 9. 13(2)(g), 10. 13(2)(k), 11. 13(2)(l), 12. 13(4), 13. 23(a), 14. 23(b), 15. 26, 16. 44(a), 17. 45(1)(a), 18. 45(1)(b)

Cooperatives Act

If you own or operate a cooperative, your premise may be inspected. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

  • What the inspector may do
    • Enter the business premises at any reasonable time (1) or any other premise believed to hold books, documents or records of the cooperative (2)
    • Make oral or written inquiries (3)
    • Require you to produce documents (4) or any other information (5)
    • Remove documents for the purpose of copying or inspection (6)
  • The inspector may apply for an order, which may:
    • Allow the inspector to enter the business premises or a private dwelling and examine the books, records or documents (7)
    • Authorize the inspector to copy or remove the books, records or documents (8)
    • Require a cooperative or an employee to co-operate with the inspection (9)

*If you fail to comply with the inspection you may be fined up to $5000 or to imprisonment of up to 6 months, or to both. (10)

1. 282(1), 2. 282(2), 3. 282(3)(a), 4. 282(3)(b), 5. 282(3)(c), 6. 282(4), 7. 283(1)(a), 8. 283(1)(b), 9. 283(1)(c), 10. 361(2)

Dairy Industry Act

If you are a dairy producer or processor, your premise may be inspected. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the officer arrives, ask the purpose of the officer’s visit and do not volunteer more information than you are required to give.

  • What the inspector may do
    • At any reasonable time access any vehicle or premise that is used in connection with dairy products, except a private dwelling (1)
    • Inspect, review, take samples and photograph (2)
    • Require you to perform tests (3)
    • Demand the production of any document or record pertaining to the Act (4)
  • What you must do
    • Provide assistance and make full disclosure (5)

*If you interfere, hinder or obstruct the inspection you may be fined up to $25,000. (6)

1. 8(1) and 8(1.1), 2. 8(2)(a), 3. 8(2)(d), 4. 8(2)(e), 5. 8(2)(b), 6. 35(1)

Dangerous Goods Transportation and Handling Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • At any reasonable time, stop, enter and inspect any means of transport (1)
    • Enter and inspect any facility (2)
    • Open and inspect any means of containment (3)
    • Take a reasonable quantity of anything believed to be dangerous goods (4)
    • Examine and make copies of any information believed to be relevant (5)
    • Detain dangerous goods (6) or the means of containment (7)
  • What the inspector must do
    • Show certificate of designation if requested to do so (8)
    • Obtain consent of the occupant or authority of a warrant before entering a private dwelling (9)
    • Provide a certificate as proof of opening any thing for inspection (10)
  • What you must do
    • You must comply with any reasonable request (11)
    • You must not knowingly make a false or misleading statement (12)
    • You must not remove, alter or interfere with anything detained (13)
    • You must not hinder or obstruct the inspector (14)

*If you fail to comply with the inspection you may be fined up to $50,000 or to imprisonment of up to 2 years, or both. (15)

1. 7(1), 2. 7(1), 3. 7(1)(b), 4. 7(1)(c), 5. 7(1)(d), 6. 9(1), 7. 9(2), 8. 7(2), 9. 8(1), 10. 10(1), 11. 11(a), 12. 11(b), 13. 11(c), 14. 11(d), 15. 30(1)(a)

Drug Program Act

When the officer arrives, ask the purpose of the officer’s visit and do not volunteer more information than you are required to give.

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • At any reasonable hour enter the place of inspection (1)
    • Examine any record and temporarily remove it to make copies (2)
    • Require any person to answer any relevant question (3)
  • What you must do
    • You must co-operate with the inspector (4)

*If you contravene or fail to comply with the inspection you may be fined up to $50,000. (5)

1. 20(5)(a), 2. 20(5)(b), 3. 20(5)(c), 4. 20(9), 5. 23(g)

Emergency Health Services Act

When the officer arrives, ask the purpose of the officer’s visit and do not volunteer more information than you are required to give.

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • At any reasonable hour enter the place of inspection or investigation (1) except for a private dwelling (2)
    • Examine any record and temporarily remove it to make copies (3)
    • Inspect and temporarily remove any vehicle, equipment or other thing that is found at the place (4)
    • Take samples, (5) perform tests, take photographs or make recordings of any substance or thing, or the place (6)
    • Require any person to answer any relevant question (7)
  • What you must do
    • You must co-operate with the inspection (8)

*If you fail to comply with these regulations you may be fined up to $10,000, or up to $100,000 in the case of a corporation. (9)

1. 27(a), 2. 26, 3. 27(b), 4. 27(c), 5. 27(d), 6. 27(e), 7. 27(f), 8. 31, 9. 39(1)(a) and 39(1)(b)

Employment Pension Plans Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • At any reasonable time inspect the records (1) and any relevant information (2) by written notice (3)
    • Require an authorized person or a representative to submit to an oral interview (4)
    • Enter a dwelling place with the consent of an occupant or a warrant (5)
    • Make copies and extracts from the records, upon giving a receipt for them (6)
  • What the inspector must do
    • Return the records within a reasonable period of time (7)
  • What you must do
    • You must not prevent or obstruct the inspector (8)
    • You must not destroy, alter, mutilate, secrete or dispose of the records (9)
    • You must not make a false or misleading statement (10) or entry in any record (11)
    • You must not omit to state any material fact (12)

*If you fail to comply with the regulations you may be charged up to $100,000. (13)
*If you make a false or misleading statement you may be charged up to $15,000. (14)

1. 90(2)(a), 2. 90(2)(b)(ii), 3. 90(2)(b), 4. 90(2)(c), 5. 90(3), 6. 90(6), 7. 90(7), 8. 90(8), 9. 92(1)(b)(i), 10. 92(1)(b)(ii), 11. 92(1)(b)(iii), 12. 92(1)(b)(iv), 13. 92(1), 14. 92(2)

Employment Standards Code

If you are an employer, your premises may be inspected. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

  • What the inspector may do
    • Enter any place at any reasonable time (1)
    • Require you to provide oral or written statements (2)
    • Question an employee while not in the presence of the employer (3)
    • Require information to be given under oath (4)
    • By written notice, require the production of documents, (5) require the employer to record the times their employees start and end work, (6) and require the employer to post notices or bulletins for employees (7)
  • What you must do
    • You have a duty not to delay or obstruct the inspection (8)

*If you fail to cooperate, you may be fined up to $50,000. (9) The corporation may be fined up to $100,000. (10)

1. 77(1)(a), 2. 77(1)(b), 3. 77(1)(d), 4. 77(1)(e), 5. 77(1)(f), 6. 77(1)(h), 7. 77(1)(i), 8. 126(b), 9. 132(1)(b), 10. 132(1)(a)

Environmental Protection and Enhancement Act

An investigator has broad powers to inspect any place at any reasonable time. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

  • What the inspector may do
    • Access any place at any reasonable time without a warrant (1)
    • A private dwelling can be accessed only with permission or by court order (2)
    • Run any machine or use any equipment on the premise (3)
    • Take samples, (4) conduct tests, (5) record information,(6) copy documents, (7) use any computer system (8) and take photographs (9)
    • Make reasonable inquiries (10)
  • What you must do
    • You must provide all reasonable assistance (11) and information that is reasonably required (12)
    • You have a duty not to provide false or misleading information (13)

*If you fail to provide information or if you provide misleading information you may be fined up to $100,000. (14)

1. 198(1), 2. 199, 3. 198(5)(a) and 198(5)(b), 4. 198(5)(c), 5. 198(5)(d), 6. 198(5)(g), 7. 198(5)(e), 8. 198(5)(f), 9. 198(5)(k), 10. 198(5)(l), 11. 209(a), 12. 209(b), 13. 227(a), 14. 228(1)(a)

Fair Trading Act

If you supply goods or services in Alberta, inspectors may inspect your premises. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

  • What an inspector may do
    • Access business premises during reasonable hours (1) or premises which are reasonably believed to contain documents or records (2)
    • Request oral or written replies to questions from people who are working at the premise (3) or for that person to provide any other information (4)
    • Require the production of documents (5)
  • What you must do
    • Licensees and people working at the premises must cooperate with the inspection (6)

* If you do not comply with the inspection you may be fined up to $100,000 (7) or 3 times the amount that was gained by committing the offence, whichever is greater, (8) or to imprisonment for up to 2 years.

1. 145(1), 2. 145(2), 3. 145(3)(a), 4. 145(3)(c), 5. 145(3)(b), 6. 145(6), 7. 164(1)(a), 8. 164(1)(b)

Farm Implement Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • Inspect the stock of repair parts (1)
    • Resolve any dispute between the purchaser and a dealer (2)
    • Request any documents and books in order to make copies of them (3)
  • What you must do
    • Give the inspector free access to the premises during usual business hours (4)
    • Produce the documents and books when requested to do so (5)

*If you fail to comply with the inspection you may be fined up to $50,000. (6)

1. 15, 2. 20(1), 3. 20(2), 4. 15, 5. 20(2), 6. 32(1)

Fisheries (Alberta) Act

Fishery Officers have broad powers and may inspect your premise, vehicle, boat or aircraft. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

  • What the inspector may do
    • Search any premise (except a private dwelling), vehicle, boat or aircraft without a warrant (1)
    • Open any container (2)
    • Examine any fish or thing and take samples (3)
    • Take measurements and conduct tests (4)
    • Require you to produce all fish and fishing equipment for inspection (5)
    • Require you to produce your license (6)
    • Upon reasonable notice, produce records or documents to the fishery officer (7)
  • What you must do
    • You have a duty to not hinder, obstruct or impede an inspection (8)
    • You have a duty to not give false information (9)
    • Give all reasonable assistance to the fishery officer (10)
    • Provide all information reasonably required (11)

*If you fail to comply with the inspection you may be fined up to $100,000 or imprisonment of up to one year. (12)

1. 27(1)(b), 2. 26(2)(a), 3. 26(2)(b), 4. 26(2)(c), 5. 27(2) and 27(3), 66. 23(1),7207. 30(1) and 31(1), 8. 34(1), 9. 34(2), 10. 36(3)(a), 11. 36(3)(b), 12. 35(1)

Forest and Prairie Protection Act

As an owner or occupant of any land in Alberta, inspectors may inspect your land. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

  • What the inspector may do
    • At any reasonable hour access any land except a private dwelling (1)
    • Require you to produce any documents (2) or to answer any reasonable inquiry (3)
    • Require you to run machinery (4)
    • Take samples (5), photographs or video(6)
    • Conduct tests (7) or record information (8)
  • What you must do
    • Comply with any request directed to you (9)
    • Do not make a false statement (10)
  • You may be required to
    • Pay fire suppression costs (11)

* If you fail to comply with the inspection you may be fined up to $1,000. (12)

1. 31(1), 2. 31(1)(a), 3. 31.1(i), 4. 31.1(c), 5. 31.1(d), 6. 31.1(h), 7. 31.1(e), 8. 31.1(f), 9. 31.1(g), 9. 37, 10. 36, 11. 37(b)

Forests Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

Phone legal counsel immediately if you are being investigated

  • What the inspector can do
    • Inspect, investigate or survey any land or any thing on land (1)
    • Require the production of any records (2)
    • Enter a private dwelling with the consent of the occupant (3) or under the authority of an order or a warrant (4)
    • At any time stop, enter and inspect any conveyance (5)
    • Seize any thing in plain view (6) and remove or detain it (7)
  • What the forest officer must do
    • Provide a reason and a receipt for seizing an object (8)
  • What you must do
    • Upon request, provide any information pertaining to the forest officer’s duties and to forest management (9)
    • You must not interfere with a forest officer (10) or a person accompanying a forest officer (11)

*If you fail to comply with the inspection you may be fined up to $100,000. (12) A corporation may be fined up to $1,000,000. (13)

1. 43(2)(a), 2. 43(2)(d), 3. 43(3)(a), 4. 43(3)(b), 5. 44(1), 6. 44.2(1), 7. 44.2(2), 8. 44.2(3), 9. 44(2), 10. 52(a), 11. 52(b), 12. 54(2)(a), 13. 54(2)(b)

Fuel Tax Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the minister or officer can do
    • Enter on any land (1)
    • Enter a dwelling house with the consent of the occupant or under the authority of a warrant (2)
    • Make any inquiries of a person that are or may be relevant (3)
    • Require the provision of any records or property required to be kept under this Act (4)
    • Examine and take samples of any fuel on the premises (5)
    • Use any computer hardware or software to obtain readings (6)
    • Examine the records or property (7) and remove the records to make copies (8)
    • Stop a motor vehicle to examine and take samples of the fuel if it is believed to be marked (9)
    • Detain a motor vehicle transporting fuel in bulk (10)
  • What the minister or officer must do
    • Make copies with reasonable dispatch (11) and return the originals (12)
  • What you must do
    • Stop the motor vehicle when requested to do so (13)
    • Provide access to the fuel tank (14)
    • Allow samples to be taken from the fuel (15)
    • If you are transporting fuel in bulk you must provide the officer with written proof of:
      • The quantity and type of fuel (16)
      • The name and address of the person from whom the fuel was obtained (17)
      • The name and address of every person to whom the fuel was delivered or is to be delivered (17)
      • The intended use of the fuel (18)
    • Produce the records or property if served by written demand (19)
    • You must not hinder or interfere with the officer (20)

*If you fail to comply with the inspection you may be fined up to $1,000. (21)

1. 48, 239. 49(4), 2. 49(1)(b), 3. 49(1)(c), 4. 49(1)(d), 5. 49(1)(e), 6. 49(2)(a), 7. 49(2)(b), 8. 51(1), 9. 52(2), 10. 54(2)(a), 11. 54(2)(b), 12. 51(2)(a), 13. 51(2)(b), 14. 51(2)(c), 15. 52(1)(a), 16. 52(1)(b), 17. 52(1)(c), 18. 52(1)(d), 19. 53(2), 20. 55(1), 21. 61(2)(a)

Funeral Services Act

If you operate a funeral home, an inspector may inspect your premises. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

  • What an inspector may do
    • Enter a regulated person’s premises (1)
    • Require you or your employee to provide answers either in writing or orally, (2) provide documents, records (3) or other information (4)
    • Inspect books, records and documents (5) and make copies of those items (6)
  • What you must do
    • You have a duty to cooperate (7)
    • Give the inspector all reasonable assistance (8)

*If you fail to comply with the inspection you may be fined between $500 and $100,000 (9) or 3 times the amount that was gained by committing the offence, whichever is greater, or to imprisonment for up to 2 years, or to both. (10)

1. 18.1(1), 2. 18.1(4)(a), 3. 18.1(4)(b), 4. 18.1(4)(c), 5. 18.1(6), 6. 18.1(7)(b), 7. 18.1(3), 8. 18.1(4)(d), 9. 31(1)(a), 10. 31(1)(b)

Gaming and Liquor Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • At any reasonable hour enter and inspect licensed and unlicensed premises and facilities (1)
    • Enter the offices of a common carrier doing business in Alberta (2)
    • Take samples of liquor (3)
    • Inspect, audit, examine and make copies of records, documents and books (4)
    • Interview the licensee or agents (5)
    • Interview any minor inside or outside of the premises who appears to have contravened this Act (6)
    • Interview and request identification from any intoxicated individual inside the licensed premises (7)
    • Seize any identification believed to be false (8)
    • Take samples of gaming supplies (9)
    • Seize the liquor and its container, as well as the gaming terminals or gaming supplies (10)
    • Work at the manufacturer to ensure compliance with this Act (11)
  • What you must do
    • You have a duty not to hinder, obstruct or impede an inspector (12)
    • Assist the inspector in carrying out an inspection (13)
    • Provide the inspector with records, documents, books of accounts and receipts (14)
  • You may be required to
    • Provide the inspector with office accommodation, facilities and equipment (with reasonable notice from the Commission) (15)

*An individual who is convicted of an offence for which no specific penalty has been provided is liable to a fine of not more than $10,000 or to imprisonment for not more than 6 months, or to both the fine and imprisonment. (16)

1. 103(1)(a) and 103(1)(b), 2. 103(1)(e), 3. 103(4)(a), 4. 103(4)(b), 5. 103(4)(c), 6. 103(4)(d), 7. 103(4)(e), 8. 103(4)(f), 9. 103(5)(a), 10. 106(1), 11. 105(1), 12. 99, 13. 104(a), 14. 104(b), 15. 105(2)(a), 16. 117(1)

Gas Distribution Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the chief officer can do
    • Enter on any land or premises to inspect:
      • A rural gas utility
      • A low pressure distribution pipeline
      • A consumer service installation
      • The offices of a distributor (1)
    • Examine any records of a distributor in connection with the operation of a rural gas utility (2)
    • Order that unsafe practices be suspended or that the unsafe conditions be removed (3)
  • What you must do
    • Halt unsafe construction, operation, work or activity when ordered to do so(4)
  • If you fail to halt unsafe construction, operation, work or activities you may be given an order to:
    • Restrain from contravening (5)
    • Stop continuing the contravention (6)
    • Withdraw or stop an unsafe practice (7)
    • Remove any constructed or installed pipeline (8)
    • Make restitution to any other person for any damage resulting from the contravention (9)

*If you fail to comply with the inspection may you may be fined up to $5,000 and in default of payment, imprisonment for up to 3 months.(10)

1. 4(1)(a), 2. 4(1)(b), 3. 7(1), 4. 7(2), 5. 9(a), 6. 9(b), 7. 9(c), 8. 9(d), 9. 9(e), 10. 8

Health Disciplines Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

This inspection is conducted in order to determine whether the regulations relating to the designated health discipline are being complied with. (1)

  • What the registrar may do
    • Inspect the practice of any registered member of the designated health discipline named in the order (2)
    • Enter and inspect the business premises during business hours (3)
    • Serve a notice in writing specifying:
      • The manner in which the regulations are not being complied with (4)
      • Remedial action to be taken (5)
      • The date by which the remedial action shall be completed (6)
    • Refer the matter to be dealt with as a complaint (7)
  • What the registrar must do
    • Provide minimum 48 hours notice before entering the premises (8)

*If you fail to comply with the inspection you may be fined up to $2000. (9)

1. 60(1), 2. 60(1), 3. 60(2), 4. 5(a)(i), 5. 5(a)(ii), 6. 5(a)(iii), 7. 60(5)(b), 8. 60(3)(a), 9. 64(1)(a)

Health Professions Act

If you provide health services, an inspector may inspect your premises. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

  • What the inspector may do
    • Inspect any place where regulated health professional services are performed or documents are kept, (1) private dwellings (2) and public facilities exempted (3)
    • Require a person to answer under oath reasonably made inquiries (4) or give the inspector any document or thing (5)

1. 53.2(1)(d), 2. 53.2(6)(a), 3. 53.2(6)(b), 4. 53.2(1)(a)(i), 5. 53.2(1)(b)(ii)

Livestock and Livestock Products Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • At any reasonable time enter and inspect any place, except a dwelling place (1)
    • Require any person in the place to be interviewed (2)
    • Temporarily remove and make copies of any books, records or other documents (3)
    • Search any vehicle transporting poultry or other products without a warrant (4)
    • Detain poultry or products at the owner’s expense (5)
  • What the inspector must do
    • Give a receipt upon removing anything (6) and return it to the person from whom it was taken (7)
  • What you must do
    • Stop the vehicle and remain stopped until permitted to leave (8)
    • Permit the vehicle and its contents to be inspected (9)
    • Produce any documentation and answer all questions regardingthe documentation (10)
    • Unload vehicle contents for inspection (11)
    • Do not remove detained poultry or products without the inspector’s consent (12)

*If you fail to comply with the inspection you may be fined up to $5,000. (322)

1. 2(a),2. 2(b), 3. 2(c), 4. 4, 5. 3(1), 6. 3(a), 7. 3(b), 8. 5(a), 9. 5(b), 10. 5(c), 11. 5(d), 12. 3(2), 13. 6

Livestock Identification and Commerce Act

If you possess livestock, an inspector may inspect your premises or vehicles. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give.

  • What an inspector may do
    • At any reasonable hour access any land except a private dwelling (1)
    • Search any vehicle that is transporting livestock without warrant (2)
    • Require anyone to be interviewed (3)
    • Require the production of documentation (4)
  • What you must do
    • Permit the inspection, (5) provide proof of permit, (6) answer all questions (7) and transport livestock to unloading facilities for inspection (8)
    • Be able to satisfy the inspector that the person in possession of the livestock is the owner or otherwise legally entitled to be in possession (9)

*If you assault, obstruct or interfere with the inspection you may be fined $10,000 for the first offence (10) and $20,000 for the second or subsequent offence. (11)

1. 38(1)(a), 2. 40(1), 3. 38(1)(b), 4. 38(1)(c), 5. 40(2)(b), 6. 40(2)(d), 7. 40(2)(c), 8. 40(2)(e), 9. 24(2), 10. 78(a), 11. 78(b)

Livestock Industry Diversification Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the Director or an inspector can do
    • Enter any premises other than a private dwelling without a warrant (1)
    • Inspect any vehicle believed to transport or have transported present or prospective domestic cervids (2)
  • What you must do
    • Give reasonable assistance, provide access to all relevant areas of the farm and provide all information, records and documents (3)
    • You must not hinder or obstruct the inspector (4)
    • You must not alter, destroy or remove any sign or notice erected for the purposes of this Act (5)
    • You must not wilfully give false information (6)

*If you fail to comply with the inspection you may be fined up to $2,500 or to imprisonment for up to a month, or both. (7)

1. 26(1)(a), 2. 26(1)(b), 3. 26(4), 4. 27, 5. 28, 6. 29, 7. 30(f)

Marketing of Agricultural Products Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • Enter the business premises at regular hours(1)
    • Inspect the premises (2) and any record, object or thing related to the matter (3)
    • Remove (4) and make copies or take photographs of any record, object or thing (5)
    • Take any quantities of any lot of an agricultural product (6)
    • Determine and audit the source and use of agricultural products (7)
    • Make inquiries of any person (8)
    • Receive information under oath or by affidavit (9) and administer oaths (10)
  • What the inspector must do
    • Show the certificate of designation or appointment upon request (11)
  • What you must do
    • You must not hinder or obstruct the inspector (12)
    • You must produce documents when required to do so (13)

The inspector may give you an order. This order may require you to comply with the plan, regulation, order or direction. (14)

1. 44(1), 2. 44(1)(a)(i), 3. 44(1)(a)(ii), 4. 44(1)(b.1), 5. 44(1)(b), 6. 44(1)(b.2), 7. 44(1)(b.3), 8. 44(1)(c), 9. 44(1)(d), 10. 44(1)(e), 11. 44(2), 12. 44(3), 13. 44(3), 14. 45(1)

Meat Inspection Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the Director or the inspector can do
    • At any reasonable hour, without warrant enter any meat facility, premises or building (1)
    • A private dwelling place may be accessed with a warrant (2) or consent of the occupant (3)
    • Inspect the meat facility, premises or building and inspect and copy any relevant records it contains (4)
  • What the Director or the inspector must do
    • Produce identification and explain the inspection powers and duties upon request (5)
  • What you must do
    • Upon request, produce records related to the matter (6)
    • You must not hinder or obstruct the Director or the inspector, or provide false information (7)

*If you fail to comply with the inspection you may be charged up to $10,000 or to imprisonment for up to a year, or both. (8)

1. 8(1), 2. 8(1)(a), 3. 8(2)(b), 4. 8(1), 5. 8(4), 6. 5(b), 7. 9(9), 8. 10

Metis Settlements Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • At any reasonable time, enter any land, building or structure in the settlement area (1)
    • Inspect for a nuisance (2) or compliance with this Act (3)
    • Enter and inspect any dwelling place with the consent of an adult occupant (4) or with a warrant (5)
    • Examine and make copies of any relevant books, documents or records (6)
    • Take samples of any relevant substance or thing (7)
  • What the inspector must do
    • Give a receipt upon removing books, records or documents, (8) and promptly return the items (9)
  • What you must do
    • You must not hinder or obstruct the inspector (10)

*If you fail to comply with the inspection you may be fined up to $2,500. (11)

1. 65, 2. 65(a), 3. 65(b), 4. 65(1)(a), 5. 65(1)(b), 6. 67(1)(a), 7. 67(1)(b), 8. 67(2)(a), 9. 67(2)(b), 10. 243(1)(d), 11. 243(1)

Mines and Minerals Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
  • The inspector may investigate any:
    • Well, battery, mine, quarry, installation, equipment or other facility in connection with the recovery of a mineral, or any plant or other facility used for the processing of a mineral (1)
    • Well, installation, equipment or other facility used in connection with the injection of a substance into a subsurface (2)
    • A mineral recovered pursuant to an agreement or any product obtained from such a mineral (3)
    • The Crown’s royalty share of a mineral or of any product obtained from a mineral (4)
  • Without limitation, conduct an inspection whether or not any mineral or product is or was commingled with any mineral recovered other than pursuant to an agreement or with any product obtained from such a mineral (5)
  • What you must do
  • Assist the inspector (6)
  • Supply any information and samples requested (7)
  • Provide access to any reports, plans, logs, designs, process control and engineering documents or other records (8)

*If you fail to comply with the inspection you may be fined up to $100,000. (9)

1. 52(1)(a), 2. 52(1)(b), 3. 52(1)(c), 4. 52(1)(d), 5. 52(2), 6. 52(3)(a), 7. 52(3)(b), 8. 52(3)(c), 9. 63(1.1)

Nursing Homes Act

If you are an operator of a nursing home, your premises may be inspected. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

  • What an inspector may do
    • Enter and inspect premises used as a nursing home at any reasonable time (1)
    • Require operator to provide information regarding operation (2)
    • Inspect and make copies of documents and records (3)
  • What you must do
    • You have a duty to grant access to the premises (4) and provide documents when requested (5)

*If you fail to comply with the inspection, you may be fined up to $5,000.

1. 12(1)(a), 2. 12(1)(b), 3. 12(3), 4. 12(5), 5. 12(5)

Occupational Health and Safety Act

If you are an employer, your premises may be inspected. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

  • What an inspector may do
    • Enter at any reasonable hour any worksite (1)
    • Require the production of documents, records or books (2)
    • Inspect and take samples of any material,product, tool or equipment (3)
    • Test and take photographs (4)
    • Interview and obtain statements from people on worksite (5)
  • What you must do
    • You must not give false information (6)

*If you give false information during an inspection you may be fined $1,000 or imprisoned for up to 6 months. (7)

1. 8(1)(a), 2. 8(1)(b), 3. 8(1)(c), 4. 8(1)(d), 5. 8(1)(e), 6. 41(3), 7. 41(3)

Oil and Gas Conservation Act

Inspections can be performed at all stages in the oil and gas industry, from extraction to delivery to the ultimate consumer. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

  • What an inspector may do
    • Enter onto any premise to inspect wells,equipment, plant or records (1)
    • Enter onto any premise where oil or gas is refined, handled, processed or treated (2) or any premise used for storage or disposal (3)
    • Inspect documents (4) and take samples (5)
  • What you must do
    • Assist anyone involved in the inspection (6)
    • You have a duty not to hinder, obstruct or interfere with the inspection (7)

*If you fail to comply with the inspection, you may be fined up to $500 and imprisoned up to 6 months. A non-compliant corporation may be fined up to $1,000. (8)

1. 96(1)(a), 2. 96(1)(b), 3. 96(1)(b.1), 4. 96(1)(c), 5. 96(1)(d), 6. 96(3), 7. 96(4), 8. 110(1)(b)

Peace Officer Act

Inspections can be performed of any employer of peace officers. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

  • What a Director may do
    • At a reasonable time, enter onto the employer’s premises and inspect records, vehicles, weapons and equipment (1)
    • May require you to provide oral or written replies to questions, (2) produce documents (3) or provide any other information (4)
    • May remove or copy documents (5)

1. 23(1), 2. 23(4)(a), 3. 23(4)(b), 4. 23(4)(c), 5. 23(5)

Pharmacy and Drug Act

As a pharmacy services provider, your premises may be inspected. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

When the Field Officer arrives, ask the purpose of the Field Officer’s visit.

Phone legal counsel immediately if you are being investigated

  • What a Field Officer may do
    • At any reasonable time, enter into a licensed pharmacy to inspect the operation and records (1)
    • Require any person to answer relevant question and to answer under oath (2)
    • Demand production of documents (3)
    • Take samples, (4) remove or copy records (5) or take photographs (6)
  • What you must do
    • You have a duty to cooperate with the inspection (7)

1. 21(2), 2. 21(5)(a), 3. 21(5)(b), 4. 21(5)(c), 5. 21(5)(d), 6. 21(5)(e), 7. 21(8)

Private Vocational Training Act

If you operate a licensed vocational school, you may be subject to an inspection. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation. When the inspector arrives, ask the purpose of the inspector’s visit.

Phone legal counsel immediately if you are being investigated

  • What an inspector may do
    • At any reasonable time after giving reasonable notice, enter any premise where vocational training is provided (1)
    • Require the production of records (2)
    • Perform tests, take photographs, make recordings or observe instructors (3)

1. 15(2)(a), 2. 15(2)(b), 3. 15(2)(c)

Public Health Act

If the health authority believes that there is a danger to public health on your property, it may be subject to an inspection. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation. When the inspector arrives, ask the purpose of the inspector’s visit.

Phone legal counsel immediately if you are being investigated

  • What an inspector may do
    • With the consent of the owner (1) or by court order, (2) enter onto the premise at a reasonable hour to inspect it
    • Make reasonable written or oral inquiries or any person (3)
    • Take samples, (4) perform tests, and take photographs or recordings (5)
  • What you must do
    • You have a duty not to hinder or obstruct the inspection (6)

*If you hinder or obstruct the inspection, you may be fined up to $2,000. (7)

1. 60(a), 2. 61, 3. 60(b), 4. 60(c), 5. 60(d),6. 71, 7. 73(3)

Public Lands Act

If you own or occupy land in Alberta, you may be subject to an inspection. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation. When the inspector arrives, ask the purpose of the inspector’s visit.

Phone legal counsel immediately if you are being investigated

  • What an inspector may do
    • At any time, enter onto any land or thing, (1) except a private dwelling (2)
    • Enter into a private dwelling only with the consent of the occupant, (3) or with a court order or warrant (4)
    • Require the production of records (5)
    • Require you to detain, (6) remove or cause to be removed a thing that is causing or might cause damage to the land or anything on the land (7)
  • What you must do
    • You have a duty not to interfere with the inspection (8)
    • You have a duty to give all reasonable assistance (9) and furnish all information reasonably required (10)

*If you interfere with the inspection, you may be fined up to $100,000. (11) A corporation may be fined up to $1,000,000. (12)

1. 69(2)(a), 2. 69(3), 3. 69(3)(a), 4. 66(3)(b), 5. 69(2)(g), 6. 69(2)(f)(i), 7. 69(2)(f)(ii), 8. 57(c), 9. 69.6(a), 10. 69.6(b), 11. 59(2)(a), 12. 59(2)(b)

Railway (Alberta) Act

Railways are subject to inspection. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation. When the inspector arrives, ask the purpose of the inspector’s visit.

Phone legal counsel immediately if you are being investigated

  • What an inspector may do
    • Enter on or into any track, facility, rolling stock or building used in the operation of a railway (1)
    • Ride any rolling stock (2)
    • Make inquiries to employees (3) and test equipment (4)
    • Require the production of documents (5) and remove those documents for the purpose of copying (6)
    • Order the cessation of any activity, (7) issue directions regarding speed, (8) or remove equipment from service (9)
    • When safety is a concern, suspend any person (10) and issue directions regarding proper procedures (11)
  • What you must do
    • You have a duty not to hinder, molest or interfere with the inspection (12)

*If you fail to comply with the inspection, you may be liable for an administrative penalty of up to $10,000. (13)

1. 35(2)(a), 2. 35(2)(b), 3. 35(2)(c), 4. 35(2)(d), 5. 36(1), 6. 36(2), 7. 37(1)(a)(i), 8. 37(1)(c), 9. 37(1)(b), 10. 37(1)(e), 11. 37(1)(f), 12. 40(a), 13. 41(1)(c) and 41(2)(a)

Real Estate Act

If you trade in real estate, your business may be inspected. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation. When the inspector arrives, ask the purpose of the inspector’s visit.

Phone legal counsel immediately if you are being investigated

  • What an inspector may do
    • Examine books, papers, documents, correspondence, communications, negotiations, transactions, investigations, loans, borrowings and payments (1)
    • Examine property and assets (2)
    • At reasonable times, demand production of books and documents (3) to examine and copy (4)
  • What you must do
    • Produce documents that are requested (5)

*If you fail to comply with the inspection, you may be fined up to $25,000. (6)

1. 74(1)(a)(i), 2. 74(1)(a)(ii), 3. 74(1)(b)(i), 4. 74(1)(c), 5. 74(2), 6. 81(1)

Residential Tenancies Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the Director or authorized person can do
    • Enter the business premises of a landlord at any reasonable time (1)
    • At a reasonable time, enter other premises if believed to contain relevant information (2)
    • Request an employee or an agent of a landlord to:
      • Give written or oral replies to questions (3)
      • Produce any books, records, documents or other things and provide copies of them (4)
      • Provide any other information (5)
    • Examine and make copies of or temporarily remove books,records, documents or other things (6)
  • What the Director or authorized person must do
    • Upon removing books, records, documents or other things:
      • Give a receipt to the person from whom they were removed (7)
      • Return the items within a reasonable time (8)
  • You may be given an order, which may require you to:
    • Allow the Director or authorized person to enter the business premises, a private dwelling or other place and examine books, records, documents or other things (9)
    • Allow the Director or authorizes person to copy or remove the books, records, documents or other things (10)
    • Cooperate with the inspection (11)
  • What you must do
    • You must cooperate with the Director or authorized person (467)

1. 64(1), 2. 64(2), 3. 64(3)(a), 4. 64(3)(b), 5. 64(3)(c), 6. 64(4), 7. 64(5)(a), 8. 64(5)(c), 9. 65(1)(a), 10. 65(1)(b), 11. 65(1)(c), 12. 64(6)

Safer Communities and Neighbourhoods Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • Conduct an investigation with respect to any matter considered necessary (1)
    • At any reasonable time, enter and inspect any building believed to be fortified (2)
    • Take measurements and photographs, conduct any tests or any type of audio visual recordings (3)
    • Require any person to produce any record believed to contain relevant information (4)
    • Enter a dwelling place with the occupant’s consent (5) or with the authority of a warrant (6)
    • Make copies of records (7)
  • What the inspector must do
    • Produce identification upon request (8)
    • Promptly return copies to the person from whom they were taken (9)
  • If you refuse the inspector’s entry into the building, the inspector may apply for a warrant. The warrant may allow the inspector to (10) :
    • Enter and search the building
      (11)
    • Seize and take possession of any record or other thing believed to contain relevant information (12)
  • What you must do
    • You must not obstruct or hinder the inspector or make a false or misleading statement (13)

*If you fail to comply with the inspection you may be fined up to $10,000 or up to a year imprisonment, or both. (14)

1. 40(1), 2. 40(2)(a), 3. 40(2)(b), 4. 40(2)(c), 5. 40(3)(a), 6. 40(3)(b), 7. 41(1), 8. 39, 9. 41(3), 10. 42(1), 11. 42(1)(a), 12. 42(1)(b), 13. 40(4), 14. 58(3)(a)(i)

Safety Codes Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the safety codes officer can do
    • Inspect, review designs and examine and evaluate quality management systems and manufacturing and construction processes (1)
    • At any reasonable time and on reasonable notice, enter a private dwelling (2)
    • Inspect a private dwelling and review designs (3) with the consent of the owner or occupant (4) or with a warrant (5)
    • Be accompanied by any officer or by any thing considered to be of assistance (6)
    • Inspect, review, examine and evaluate, or photograph or record any thing, process or activity (7)
    • Require any person on the premises to be interviewed and make full disclosure orally or in writing (8)
    • Temporarily close or disconnect any thing, process or activity (9)
    • Review, perform or require to perform any tests and evaluations on any thing, process or activity (10)
    • Return any thing that has been removed to the person entitled to it (11)
    • Detain any thing believed to provide evidence of the commission of an offence (12)
  • What the safety codes officer must do
    • Provide identification and advice on inspections upon request (13)
  • What you must do
    • You must not hinder or interfere with the safety codes officer (14)
    • You must not make a false or misleading statement (15)
    • You must not fail to prepare, submit or retain any required information (16)

You may be given an order, which may require you to:
Stop preventing or interfering with a safety codes officer (17)

*If you fail to comply with the inspection you may be fined up to $15,000 (18) or up to six months imprisonment, (19) or both. (20)

1. 34(1), 2. 34(2), 3. 34(2), 4. 34(2)(a), 5. 34(2)(b), 6. 34(4)(a), 7. 34(4)(b), 8. 34(4)(c), 9. 34(4)(d), 10. 34(4)(e), 11. 34(6), 12. 34(8), 13. 34(3), 14. 67(1), 15. 67(2), 16. 67(3), 17. 37(1)(a), 18. 68(1)(a)(i), 19. 68(1)(a)(ii), 20. 68(1)(a)

School Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • Inspect and evaluate teachers, schools, the operations of school districts and divisions, educational programs, instructional materials or buildings used as a school (1)
    • Inspect and examine the achievement of students and the policies, procedures, books and records of a school jurisdiction or a person operating a school (2)
    • Enter a building used as a school or any part of that building, other than a dwelling house (3)

1. 43(1), 2. 43(2), 3. 43(3)

Security Services and Investigators Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • With a license, investigate, conduct surveillance activities or obtain information about:
      • Crimes, offences, contraventions of enactments or misconduct, or allegations of all of the above (1)
      • The cause of an accident, incident, property damage, personal injury or damage to premises (2)
      • The activity, conduct, character or reputation of a person (3)
      • The location of property (4)
      • The whereabouts of a person (5)
  • What the Registrar may do
    • Enter and inspect a business licensee’s premises and inspect the records (6)
    • Require a person to (7) :
      • Give written or oral replies to questions (8)
      • Produce any books, records, reports or documents or other items, including electronic records or documents (9)
      • Provide any other information that is requested (10)
      • Inspect, examine and make copies of or temporarily remove books, records, reports, documents or other items (11)
  • What the Registrar must do
    • Conduct the inspection during normal business hours or during an agreed time (12)
    • Produce identification upon request (13)
  • If you refuse to cooperate or if you interfere with the Registrar, you may be given an order. The order may allow the Registrar to (14) :
    • At any reasonable time, enter the premises and inspect the premises and records (15)
    • Require the production of any books, records, reports, documents or other items and examine and temporarily remove them, makecopies of, take photographs or otherwise record them (16)
  • What you must do
    • You must not hinder, obstruct or interfere with the Registrar (17)
    • You must not knowingly make a false or misleading statement or provide false information (18)

*If you fail to comply with the inspection you may be fined up to $5,000 or to a year imprisonment, or both. (19)

1. 2(1)(a), 2. 2(1)(b), 3. 2(1)(c), 4. 2(1)(d), 5. 2(1)(e), 6. 30(1), 7. 30(4), 8. 30(4)(a), 9. 30(4)(b), 10. 30(4)(c), 11. 30(5), 12. 30(2), 13. 30(3), 14. 7, 15. 7(a), 16. 7(b), 17. 44(1), 18. 44(2), 19. 46(1)(a)

Social Care Facilities Licensing Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the director can do
    • With the permission of the holder of the license for, or the operator of, the social care facility (1) :
      • At any reasonable hour, enter any inspect social care facility (2)
      • Examine or temporarily remove any of the books, records or other documents to make copies of them (3)
      • Inspect and take samples of any material, food, medication or equipment (4)
      • Perform tests, take photographs or make recordings (5)
  • What the director must do
    • Give a receipt upon removing books, records or documents, (6) or material, food, medication or equipment (7)
    • Return books, records or documents to the person from whom they were taken, (8) or material, food, medication or equipment upon request (9)
    • In writing order the person operating the social care facility to take measures as specified in the order (10)
  • If you contravene this Act, you may be issued a stop order. The stop order may require you to (11) :
    • Cease the contravention (12)
    • Stop any activity occurring at the social care facility (13)
    • Stop the operation of a social care facility (14)
  • What you must do
    • If given a stop order, you must inform the director in writing of (15) :
      • Each person receiving care at the social care facility (16)
      • The guardian of any person receiving care in the social care facility, if applicable (17)

*If you fail to comply with the order you may be fined up to $200 for each day the offence continues. (18)

*If you fail to comply with the inspection you may be fined up to $500, and up to $100 a day in the case of a continuing offence after the first day. (19)

1. 7(1), 2. 7(1)(a), 3. 7(1)(b), 4. 7(1)(c), 5. 7(1)(d), 6. 7(3)(a), 7. 7(4)(a), 8. 7(3)(b), 9. 7(4)(b), 10. 8, 11. 11(1), 12. 11(2)(a), 13. 11(2)(b), 14. 11(2)(c), 15. 11(4), 16. 11(4)(a), 17. 11(4)(b), 18. 11(5), 19. 15

Stray Animals Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • At any time capture and impound the livestock if found trespassing (1)
    • Destroy and arrange for the disposal of the livestock (2)
    • Issue a notice of impoundment (3)
    • Enter any premise without consent (4)

*If you contravene with the regulations you may be fined up to $2,000. (5)

1. 12, 2. 13, 3. 14(1), 4. 15, 6. 42

Supportive Living Accommodation Licensing Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • With the permission of the operator of a supportive living accommodation (1) :
      • At any reasonable hour enter and inspect the supportive living accommodation (2)
      • Require the production of any books, records or other documents and examine them, or temporarily remove them to make copies (3)
      • Inspect and take samples of any food or equipment (4)
      • Perform tests, take photographs or make recordings (5)
      • Interview the operator of the supportive living accommodation (6)
    • Enter the accommodation of a resident with the permission of the resident or the resident’s legal representative (7)
    • Interview employees and residents, and anyone else who may have relevant information (8)
  • What the inspector must do
    • Give a receipt upon removing books, records or documents (9) or material, food or equipment (10)
    • Return items to the person from whom they were taken (11)
  • What you must do
    • On request, provide a list of names and contact information of residents, as well as residents’ legal representative (12)

*If you fail to comply with the inspection you may be fined up to $100,000 and to a further fine of up to $1,000 a day in the case of a continuing offence. (13)
1. 7(1), 2. 7(1)(a), 3. 7(1)(b), 4. 7(1)(c), 5. 7(1)(d), 6. 7(1)(e), 7. 7(2), 78 7(3), 9. 7(4)(a), 10. 7(5)(a), 11. 7(4)(b) and 7(5)(b), 12. 7(6), 13. 22

Tobacco Tax Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • Inspect, audit or examine (1) the documents (2) or records of a person who is required to keep records (3)
    • Inspect and examine any property that may assist in determining or ascertaining (4) :
      • The accuracy of an inventory (5)
      • Any information that is or should be in the books or records (6)
      • The amount of tax imposed by this Act (7)
      • Whether a licence or report is required under this Act (8)
    • Enter the premises or place (9) believed to contain the records, property or documents (10)
    • Require the owner or manager and any other person on the premises to provide all reasonable assistance and answer all proper questions (11)
    • Enter a dwelling house with the consent of the occupant (12)
    • Without a warrant, enter any place or force stop a vehicle if believed that contravention has been committed (574) or that obtaining a warrant would cause a delay (13)
    • Seize any thing that contravenes this Act (15)
  • What you must do
    • Give the officer all reasonable assistance (16)
    • Make reasonable efforts to provide all information (17)

*If you fail to comply with the inspection you may be fined up to $20,000 or 2 years imprisonment, or both. (18)

1. 23(2)(a), 2. 23(2)(a)(ii), 3. 23(2)(a)(i), 4. 23(2)(b), 5. 23(2)(b)(i), 6. 23(2)(b)(ii), 7. 23(2)(b)(iii), 8. 23(2)(b)(iv), 9. 23(3)(a), 10. 23(3), 11. 23(3)(b), 12. 23(4), 13. 24(1)(a), 14. 24(1)(b), 15. 24(3), 16. 24(2)(a), 17. 24(2)(b), 18. 40

Tourism Levy Act

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

Phone legal counsel immediately if you are being investigated

  • What the inspector may do
    • Inspect, audit or examine (1) the records of a person who is required to keep the records (2)
    • Inspect, audit or examine (3) any document of the person required to keep the records (4)
    • Require the production for inspection, audit or examination of all relevant documents (5)
    • Enter the premises and place (6) believed to contain the records or documents (7)
    • Enter a dwelling house with the consent of the occupant (8)
  • What you must do
    • Give all reasonable assistance and make all reasonable efforts to answer all proper questions (9)

*If you fail to comply with the inspection you may be fined up to $1,000. (10)

1. 25(1)(a), 2. 25(1)(a)(i), 3. 25(1)(a), 4. 25(1)(a)(ii), 5. 25(1)(b), 6. 25(2)(a), 7. 25(2), 8. 25(3), 9. 25(2)(b), 10. 38(a)

Water Act

If you own or occupy property in Alberta, your premises may be inspected. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

  • What the inspector may do
    • At a reasonable hour, (1) enter or gain access to any place other than a private dwelling (2)
    • Enter a private dwelling only with the occupant’s consent (3) or with court order (4)
    • Require anything to be operated (5), use or move any machine or equipment (6)
    • Take samples (7) and conduct tests (8)
    • Require the production of documents (9), make copies (10), use any computer (11), or record information by any method (12)
    • Make inquiries either orally or in writing (13)
    • Take any other action that is required to carry out the inspection (14)
  • What you must do
    • You have a duty not to interfere with an inspection (15)
    • You have a duty not to provide false information (16)

*If you fail to comply with the inspection, you may be fined up to $50,000 (17). A corporation may be fined up to $500,000. (19)

1. 119(4)(a), 2. 119(1), 3. 119(4)(c)(i), 4. 119(4)(c)(ii), 5. 120(1)(a), 6. 120(1)(b), 7. 120(1)(c), 8. 120(1)(d), 9. 120(1)(e), 10. 120(1)(f), 11. 120(1)(g), 12. 120(1)(h), 13. 120(1)(k), 15. 120(1)(m), 16. 124, 17. 142(1)(a), 142(1)(b), 142(1)(g), 18. 143(2)(a), 19. 143(2)(b)

Weed Control Act

If you own or occupy property in Alberta, your premises may be inspected. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

  • What the inspector can do
    • Enter land or personal property at any reasonable time (1)
    • Buildings can be entered only if the owner or occupant consents (2) or after a 24 hour written notice is provided (3)
    • Private dwellings can only be entered with the consent of the owner or occupant (4)
    • Make inquiries, take samples, or perform tests (5)

1. 12(1), 2. 12(2)(a), 3. 12(2)(b), 4. 12(4), 5. 12(1)(a)

Wildlife Act

If you hunt or have wild animals in your possession, your property may be subject to an inspection. An inspection is conducted to ensure compliance with the regulations. An investigation seeks to prosecute a suspected regulatory violation.

Phone legal counsel immediately if you are being investigated

When the inspector arrives, ask the purpose of the inspector’s visit and do not volunteer more information than you are required to give

  • What the inspector may do
    • Access vehicles or premises if animals are either in plain sight or the officer has reasonable and probable grounds to believe animals are present (1)
    • Private dwellings cannot be accessed by the officer (2)
    • If obtaining a warrant is not reasonable given the circumstances, the officer may enter into any premise and search any container at any reasonable time (3)
    • Enter any premise reasonably believed to be licensed in connection with wildlife products (4)
    • If a weapon or ammunition is being transported in a vehicle and is in plain view of a wildlife officer, the officer may require you to sproduce that thing (5)
    • Inspect animals either being transported or which are in a structure
  • What you must do
    • You have a duty to produce a weapons (6) and animals (7) as required by the wildlife officer
    • You have a duty not to provide any false or misleading information during an inspection (8)
    • If you are the owner or employee of a licensed business under the Act, then you have a duty to provide all reasonable assistance and provide all information or documents that are requested (9)

*If you fail to comply with the inspection you may be fined $50,000 or imprisonment of up to 1 year, or both. (10)

1. 69(2), 2. 69(1)(a) and 69(2), 3. 71(1) and 71(3), 4. 72(1), 5. 70(1), 6. 70(2), 7. 69(4), 8. 88, 9. 72(4), 10. 92(2)