Old Age Security Act — O-9 44.2
Interpretation 44.2 (1) The definitions in this subsection apply in this section. document includes moneys, securities, books, records, letters, accounts, statements (financial or otherwise), correspondence, memoranda, film, microform, videotape, photographs, machine-readable records and other documentary material, regardless of form or characteristics, and any copy or printout of any of them. ( document ) dwelling-house means the whole or a part of a building or structure that is kept or occupied as a permanent or temporary residence and includes (a) a building within the yard of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway; and (b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence. ( maison d’habitation ) judge means a judge of a superior court having jurisdiction in the province where the matter arises or a judge of the Federal Court. ( juge ) Inspections (2) The Minister may, at any reasonable time, for any purpose relating to the administration or enforcement of this Act, examine any document that relates or may relate to the entitlement of a person to a benefit or the amount of a benefit and, for that purpose, the Minister may (a) subject to subsection (3), enter any premises or place where the Minister believes a document relating to the entitlement of a person to a benefit or the amount of that benefit is or should be kept; and (b) require the owner, occupant or person in charge of the premises or place to give the Minister all reasonable assistance and to answer all proper questions relating to the administration or enforcement of this Act and, for that purpose, require the owner, occupant or person in charge of the premises or place to attend at those premises or that place with the Minister. Warrant required to enter dwelling-house (3) If the premises or place referred to in subsection (2) is a dwelling-house, the Minister may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (4). Warrant (4) On ex parte application by the Minister, a judge may issue a warrant authorizing the Minister to enter a dwelling-house subject to the conditions that may be specified in the warrant, if the judge is satisfied by information on oath that (a) there are reasonable grounds to believe that the dwelling-house is a premises or place referred to in subsection (2); (b) entry into the dwelling-house is necessary for a purpose relating to the administration or enforcement of this Act; and (c) entry into the dwelling-house has been refused or that there are reasonable grounds to believe that entry will be refused. Other access to document (5) If the judge is not satisfied that entry into that dwelling-house is necessary for a purpose relating to the administration or enforcement of this Act but is satisfied that access to a document that is or should be kept in the dwelling-house has been or may be expected to be refused, the judge may (a) order the occupant of the dwelling-house to provide the Minister with reasonable access to the document; and (b) make any other order that is appropriate in the circumstances to carry out the purposes of this Act. Requirement to provide documents or information (6) Despite any other provision of this Act, the Minister may, subject to subsection (7), for any purpose relating to the administration or enforcement of this Act, by notice served personally or by confirmed delivery service, require that any person provide, within the reasonable time that is stipulated in the notice, any information or additional information or any document. Unnamed persons (7) The Minister shall not impose on a person, in this section referred to as a “third party”, a requirement under subsection (6) to provide information or a document relating to one or more unnamed persons unless the Minister first obtains the autho