SECTION 11

Certificate of (Intrusive) Inspection

11.(1) Where an inspector opens anything for inspection, or takes a sample of anything that is sealed or closed up, the inspector shall provide the person who has the charge, management or control of the thing with a certificate in prescribed form as proof that it was opened for that purpose.

(2) The person to whom, or for whose benefit the certificate is provided is not liable, either civilly or criminally, in respect of any act or omission of the inspector in the course of the inspection or taking of the sample, but is not otherwise exempt from compliance with this Act and the regulations.

BEHIND THE WORDS

The conditions which must be met before subsection 11(1) is effective are:

- the inspector must be the person who opens or takes the sample; and
- the thing opened must have been "sealed" or "closed up".

With respect to the first condition, if someone other than the inspector conducts the physical activity, some judgement on the part of the inspector can be exercised with respect to a certificate. If a certificate is requested, or if it appears such a certificate might be of benefit to the person who opened the thing or initially took the sample, it is to be provided. If the thing is not opened "voluntarily" and the inspector himself / herself conducts the opening or taking of a sample, a certificate must be provided.

With respect to the second condition, the words are "closed up", not simply "closed". This provides an inspector with some latitude. For example, opening a door into an office, or into the van of a truck, would not require a certificate. Neither would opening the unsealed doors of a container or looking under a tarpaulin.

The purpose of this section is to provide proof that the person having charge, management or control (e.g., the carrier) did not open the item in question in case that person is accused of causing any contamination or of removing any missing product.

There is no requirement in the Act for a federal inspector to re-seal or re-close anything that he/she has opened, however, when appropriate an inspector must do this and keep a record of his/her action. Failure to do so would leave the federal government in the position of being accused of allowing contamination or loss of some or all of the transported goods.

RELATED SECTIONS

Paragraph 15(b) - Opening and inspecting

COURT DECISIONS OF INTEREST

"Please refer to the disclaimer on page 0-1"

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