PART I MINISTRY OF EDUCATION AND TRAINING
Inspections of lodgings, s. 13
13.2 (1) The Minister may appoint inspectors for the purposes of this section and section 13.3. 2017, c. 34, Sched. 12, s. 2 (1). Certificate of appointment (2) The Minister shall issue to every inspector a certificate of appointment. 2017, c. 34, Sched. 12, s. 2 (1). Purpose of inspection (3) An inspector may conduct inspections for the purpose of determining whether the regulations governing meals and lodging are being complied with. 2017, c. 34, Sched. 12, s. 2 (1). Inspections without warrant (4) An inspector may, without a warrant, enter and inspect the lodgings of schools established or continued under section 13. 2017, c. 34, Sched. 12, s. 2 (1). Time of entry (5) The power to enter and inspect a lodging without a warrant may be exercised only during daylight hours. 2017, c. 34, Sched. 12, s. 2 (1). Bedrooms and private areas (6) The power to enter and inspect a lodging must not be exercised to enter and inspect a part of the lodging that is actually used as a bedroom or similar private area unless, (a) reasonable notice has been given to the occupier of the bedroom or similar private area and, if the occupier is under 18 years old, to their parent or guardian; or (b) the inspector believes on reasonable grounds that, (i) entering and inspecting the bedroom or similar private area will afford evidence of a contravention of the regulations governing meals and lodging, and (ii) by reason of exigent circumstances it would be impracticable to provide the reasonable notice referred to in clause (a). 2017, c. 34, Sched. 12, s. 2 (1); 2021, c. 4, Sched. 11, s. 7 (3). Use of force (7) An inspector is not entitled to use force to enter and inspect a lodging. 2017, c. 34, Sched. 12, s. 2 (1). Identification (8) An inspector conducting an inspection must produce, on request, their certificate of appointment. 2017, c. 34, Sched. 12, s. 2 (1). Powers of inspector (9) An inspector conducting an inspection may, (a) examine a record or other thing that is relevant to the inspection; (b) demand the production for inspection of a document or other thing that is relevant to the inspection, including a record or other thing that is not kept in the lodging; (c) on issuing a written receipt, remove for review and copying a record or other thing that is relevant to the inspection; (d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the lodging; (e) photograph, film or make any other kind of recording that is relevant to the inspection, including of a child or other person at the lodging, but only in a manner that does not intercept any private communications and that is in keeping with reasonable expectations of privacy; (f) question a person, including a child, on matters relevant to the inspection; and (g) call upon experts for assistance in carrying out the inspection. 2017, c. 34, Sched. 12, s. 2 (1). Demand (10) A demand that a record or other thing be produced for inspection may be made orally or in writing and must indicate, (a) the nature of the record or thing required; and (b) when the record or thing is to be produced. 2017, c. 34, Sched. 12, s. 2 (1). Obligation to produce and assist (11) If an inspector demands that a record or other thing be produced for inspection, the person having custody of the record or other thing shall produce it for the inspector within the time provided for in the demand, and shall, on the inspector’s demand, (a) provide whatever assistance is reasonably necessary to produce the record or thing in readable form, including using a data storage, information processing or retrieval device or system; and (b) provide whatever assistance is reasonably necessary to interpret the record or thing for the inspector. 2017, c. 34, Sched. 12, s. 2 (1). Child’s right to refuse (12) Despite clause (9) (f), a child may refuse to be questioned by an inspector. 2017, c. 34, Sched. 12, s. 2 (1). Child’s right to meet with inspector (13) An inspector must meet privately with a child who resides in the lodging, if the child requests such a meeting. 2017, c. 34, Sched. 12, s. 2 (1). Return of things (14) A record or other thing that has been removed for review and copying, (a) must be made available to the person from whom it was removed on request and at a time and place that are convenient for the person and for the inspector; and (b) must be returned to the person within a reasonable time. 2017, c. 34, Sched. 12, s. 2 (1). Inspection report (15) After completing an inspection, an inspector shall prepare an inspection report and give a copy of the report to, (a) the Minister; (b) the director of education or supervisory officer of each school that the lodging relates to; (c) the chair of the school council of each school that the lodging relates to; and (d) any other prescribed person. 2017, c. 34, Sched. 12, s. 2 (1). Copy admissible in evidence (16) A copy of a record that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original, and has the same evidentiary value as the original. 2017, c. 34, Sched. 12, s. 2 (1). Obstruction (17) No person shall hinder, obstruct or interfere with an inspector conducting an inspection or provide the inspector with information, on matters relevant to the inspection, that the person knows to be false or misleading, and, subject to subsection (12), no person shall refuse to answer questions on matters relevant to the inspection. 2017, c. 34, Sched. 12, s. 2 (1). Offence (18) Every person who contravenes subsection (11) or (17) is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 2017, c. 34, Sched. 12, s. 2 (1). Regulations (19) The Minister may make regulations prescribing persons for the purpose of clause (15) (d). 2017, c. 34, Sched. 12, s. 2 (1). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 12, s. 2 (1) - 14/12/2017 2021, c. 4, Sched. 11, s. 7 (3) - 19/04/2021