• Environmental Law: Managing Risk - 'I Done What He Told Me To' - What to Do (and Not to Do) When the Regulator Calls
  • January 5, 2012 | Authors: Toby Kruger; Clifford G. Proudfoot
  • Law Firm: Lawson Lundell LLP - Vancouver Office
  • This paper examines the scope of a regulator's authority to conduct inspections and investigations across a number of common regulatory contexts. The paper begins by focusing on the basic framework courts use to determine the legality of an inspection or investigation. The paper then examines recent cases decided under the Fisheries Act and the Ontario Occupational Health and Safety Act, R.S.O. 1990, c.O.1 and briefly comments on the application of R v. Jarvis, 2002 SCC 73, in cases decided subsequent to that decision. The paper concludes by summarizing how the principles developed in the case law might be applied in common regulatory contexts.