Canada Transportation Act

Marginal note:Other powers — subsection 170(1) and Accessible Canada Act

• 178.1 (1) An enforcement officer who enters a place for a purpose related to verifying compliance or preventing non-compliance with any provision of regulations made under subsection 170(1) or with any of sections 60 to 62 of the Accessible Canada Act may, for that purpose,

  • (a) open and examine any receptacle or package found in the place;

  • (b) examine anything found in the place;

  • (c) examine any record, report, electronic data or other document that is found in the place and make copies of it or take extracts from it;

  • (d) use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (c);

  • (e) reproduce any document from any electronic data referred to in paragraph (c), or cause it to be reproduced, in the form of a printout or other output;

  • (f) take the record, report or other document referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying;

  • (g) use or cause to be used any copying equipment at the place to make copies of any document;

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

  • (i) order the owner or person having possession of any thing to which any provision of regulations made under subsection 170(1) or any of sections 60 to 62 of the Accessible Canada Act apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (j) order the owner or person having possession of any conveyance that is found in the place to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (k) order any person in that place to establish their identity to the enforcement officer’s satisfaction; and

  • (l) order a person in that place to start any activity that is necessary for the purpose of the inspection or to stop any activity that impedes the inspection.

• Marginal note:Means of telecommunication

  (2) For the purpose of the exercise, for the purpose referred to in subsection (1), of the power of entry conferred under subsection 178(2), an enforcement officer is considered to have entered a place when accessing it remotely by a means of telecommunication.

• Marginal note:Limitation — place not accessible to the public

  (3) An enforcement officer who, by a means of telecommunication, accesses remotely a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than the period necessary for the purpose referred to in subsection (1).

• Marginal note:Accompanying individual

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

• Marginal note:Entering private property

  (5) An enforcement officer 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:Assistance

  (6) The owner or other person in charge of a place entered by an enforcement officer for the purpose referred to in subsection (1) and every individual found in the place must give the enforcement officer all reasonable assistance in the individual’s power and provide the enforcement officer with any information that the enforcement officer may reasonably require.