Employment Insurance Act — E-5.6 88
Inspections 88 (1) An authorized person may, at any reasonable time, for any purpose relating to the administration or enforcement of this Act, inspect, audit or examine any document that relates or may relate to the information that is or should be contained in the records or books of account or to the amount of any premium payable under this Act and, for those purposes, the authorized person may (a) subject to subsection (2), enter any premises or place where any records or books of account are or should be kept; and (b) require the owner, occupant or person in charge of the premises or place to give the authorized person 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 to attend at the premises or place with the authorized person. Warrant required to enter dwelling-house (2) If the premises or place is a dwelling-house, an authorized person may only enter with the consent of the occupant or under the authority of a warrant issued under subsection (3). Warrant or order (3) If, on ex parte application by the Minister, a judge is satisfied by information on oath that (a) there are reasonable grounds for believing that a dwelling-house is a premises or place mentioned in subsection (1), (b) entry into the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and (c) entry into the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused, the judge may issue a warrant authorizing an authorized person to enter the dwelling-house subject to such conditions as may be specified in the warrant. Order for access to documents, etc. (4) If the judge is not satisfied that entry into the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, the judge may (a) order the occupant of the dwelling-house to provide an authorized person with reasonable access to any document that is or should be kept in the dwelling-house, and (b) make such other order as is appropriate in the circumstances to carry out the purposes of this Act, to the extent that access has been or may be expected to be refused and that the document is or may be expected to be kept in the dwelling-house. Requirement to provide documents and information (5) Notwithstanding any other provision of this Act, but subject to subsection (6), the Minister may for any purpose relating to the administration or enforcement of this Part, by notice served personally or by confirmed delivery service, require that any person provide, within such reasonable time as is stated in the notice, (a) any information or additional information, including any information return or supplementary return; or (b) any document. Unnamed persons (6) The Minister shall not impose on any person, in this section referred to as a “third party”, a requirement under subsection (5) to provide information or any document relating to one or more unnamed persons unless the Minister first obtains the authorization of a judge under subsection (7). Judicial authorization (7) On ex parte application by the Minister, a judge may, subject to such conditions as the judge considers appropriate, authorize the Minister to impose on a third party a requirement under subsection (5) relating to an unnamed person or more than one unnamed person, in this section referred to as the “group”, if the judge is satisfied by information on oath that (a) the person or group is ascertainable; (b) the requirement is made to verify compliance by the person or persons in the group with any duty or obligation under this Part; (c) it is reasonable to expect, based on any grounds, including statistical or other information or past experience relating to the group or any other persons, that the person or any person in the group may have failed or may be likely to fail