Revised Laws of Saint Lucia (2022)

11.   Power of Entry

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   (1)   The Chief Medical Officer, a medical officer of health, the Minister or any person authorised by a document signed by any of them in that behalf may at all reasonable times enter, if necessary by force, any premises for the purpose of—

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      (a)     ascertaining whether there is or has been on or in connection with any premises any contravention of the provisions of this Act or any regulations made thereunder;

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      (b)     ascertaining whether or not circumstances exist which would authorise or require the Minister to take any action or execute any work under this Act or any regulations made thereunder;

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      (c)     taking any action or executing any work authorised or required to be taken or executed under this Act;

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      (d)     generally for examining and inspecting such premises and for the purpose of performance by the Minister, the Chief Medical Officer, a medical officer of health or any person acting under the authority of any of them of their functions under this Act or any regulations made thereunder.

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   (2)   Any person claiming the right to enter as provided in subsection (1) shall produce the document authorising him or her in that behalf.

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   (3)   In examining and inspecting premises under subsection (1)(d), the Chief Medical Officer, a medical officer of health, the Minister or a person authorized by a document signed by any of them in that behalf may—

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      (a)     request a substance, thing, solid, liquid, gas, plant, animal or other organism to be produced for testing or analysis;

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      (b)     seize or take a sample of a substance, thing, solid, liquid, gas, plant, animal or other organism, other than samples of human bodily substances;

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      (c)     request a person to—

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         (i)     provide information, including personal information, personal health information, proprietary or confidential business information,

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         (ii)     produce a document or record, including a document or record containing personal information, personal health information or proprietary or confidential business information, and copy or extract the information, document or record or take it to copy or retain as evidence;

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      (d)     take a photograph or videotape of premises, or a condition, process, substance, thing, solid, liquid, gas, plant, animal or other organism located in or on the premises;

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      (e)     bring machinery, equipment or other thing into or onto the premises;

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      (f)     use machinery, equipment or other thing located in or on the premises; or

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      (g)     request that machinery, equipment or other thing be operated, used or dismantled in or on the premises under specified conditions.

(Inserted by Act 19 of 2019)

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   (4)   A person is not entitled to receive a fee or charge in relation to the exercise of a power under subsection (3) by the Chief Medical Officer, a medical officer of health, the Minister or a person authorized by a document signed by any of them in that behalf. (Inserted by Act 19 of 2019)

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   (5)   If a document or record is removed from the premises, the document or record must be returned to the occupier as soon as possible after the copy or extract has been certified by a Justice of the Peace or an officer authorized by the Minister or the Chief Medical Officer. (Inserted by Act 19 of 2019)