E-15 - Industrial and Commercial Establishments Act

Section 23 Disposition versions

1977-12-31

23. (1)  The inspectors and sanitary physicians may enter at all reasonable times, by day or night, the industrial and commercial establishments mentioned in section 3.

(2)  They may call for the production of any register, certificate, notice or document prescribed by this act or the regulations, examine the same and take copies thereof or extracts therefrom, and make any suggestions and put any questions which they may consider pertinent; they may, without charge, take samples of materials or articles used by the workers, for analysis, but must then inform the head of the establishment of their action.

(3)  For the purposes of subsections 1 and 2 of this section, they may get a constable to accompany them when they have reason to fear that they will be molested in the execution of their duty.

(4)  They shall have concurrent powers with the authorities charged with the execution of the law and of the regulations respecting safety and health in industrial and commercial establishments, including mines.

(5)  The inspectors may hold inquiries whenever they deem proper, and for such purpose examine any person employed in the establishment, summon witnesses, administer the oath to them, and exercise all the powers which may be necessary to carry out the provisions of this act and of the regulations.

No person examined by the inspector shall, however, be required to answer any questions or give any evidence tending to incriminate himself.

The costs of the inquiry shall be paid by the employers, whenever it is established that they are in default, and shall be recoverable by action brought by the inspector before any court of competent jurisdiction.

(6)  They may be present at inquests held by the coroners and at investigations held by the fire investigation commissioners for the cities of Québec and Montréal, in cases of fire or accident in an industrial or commercial establishment, and examine the witnesses with a view of ascertaining the cause of such fire or accident.

(7)  They may make any suggestions they think advisable to the proper authorities in the interest of health and safety in industrial and commercial establishments.

(8)  The inspector may order work suspended in an establishment where he considers there is an immediate danger of accident; he must at the same time indicate to the head of the establishment the measures to be taken to eliminate the risk of accident.

Work may be resumed only after the inspector has authorized it.

The contestation before the courts of the decision of the inspector to suspend the work shall not suspend the execution of the order.

R. S. 1964, c. 150, s. 25; 1968, c. 16, s. 38; 1975, c. 49, s. 12.