PART III THE ELECTRICITY MARKETS
Investigation by Market Surveillance Panel
37 (1) The Market Surveillance Panel may investigate any activity related to the IESO-administered markets or the conduct of a market participant.  2002, c. 1, Sched. A, s. 6; 2004, c. 23, Sched. A, s. 47 (1). Right to examine (2) For the purposes of an investigation under this section, the Panel may examine any documents or other things, whether they are in the possession or control of the person whose activities are being investigated or any other person.  2002, c. 1, Sched. A, s. 6. Power to compel testimony (3) For the purposes of an investigation under this section, the Panel has the same power to summon and enforce the attendance of any person and to compel him or her to testify on oath or otherwise, and to summon and compel any person to produce documents and other things, as is vested in the Superior Court of Justice for the trial of civil actions.  2002, c. 1, Sched. A, s. 6. Contempt (4) The Superior Court of Justice has the same power to punish for contempt a person who refuses to attend, testify or produce documents or other things when required to do so by the Panel under this section as it would if the person had disobeyed an order of the Court.  2002, c. 1, Sched. A, s. 6. Rights of witness (5) A person giving evidence under subsection (3) may be represented by counsel and may claim any privilege to which the person is entitled.  2002, c. 1, Sched. A, s. 6. Inspection (6) A person authorized in writing by the Panel may, on production of the authorization, enter any business premises, other than premises used as a dwelling, during business hours for the purposes of conducting an investigation under this section, where the person reasonably believes that relevant documents, records or other things may be found in the business premises.  2002, c. 1, Sched. A, s. 6. Copies (7) On giving a receipt, a person mentioned in subsection (6) may remove documents, records or other things for the purpose of making copies or extracts, and shall promptly return them to the person who produced them.  2002, c. 1, Sched. A, s. 6. Documents in electronic form (8) If a document, record or other thing is kept in electronic form, the person mentioned in subsection (6) may require that a copy of it be provided on paper or in a machine-readable medium or both.  2002, c. 1, Sched. A, s. 6. Authorization to search (9) For the purposes of an investigation under this section, a person authorized in writing by the Panel may apply to a judge of the Ontario Court of Justice in the absence of the public and without notice for a warrant authorizing the person or persons named in the warrant to enter and search any building, receptacle or place specified and to seize anything described in the authorization that is found in the building, receptacle or place and to bring it before the judge granting the authorization or another judge to be dealt with according to law.  2002, c. 1, Sched. A, s. 6. Grounds (10) No authorization shall be granted under subsection (9) unless the judge to whom the application is made is satisfied on information under oath that there are reasonable grounds to believe that there is in the building, receptacle or place to be searched anything that may reasonably relate to an investigation under this section.  2002, c. 1, Sched. A, s. 6. Power to enter, search and seize (11) A person named in a warrant under subsection (9) may, on production of the warrant, enter any building, receptacle or place specified in the warrant between 6 a.m. and 9 p.m. and search for and seize anything specified in the warrant.  2002, c. 1, Sched. A, s. 6. Expiration (12) Every warrant under subsection (9) shall name the day that it expires, which shall not be later than 15 days after the warrant is granted.  2002, c. 1, Sched. A, s. 6. Dwellings (13) For the purposes of subsections (9), (10) and (11), “building, receptacle or place” does not include premises used as a dwelling.  2002, c. 1, Sched. A, s. 6. Application (14) Sections 159 and 160 of the Provincial Offences Act apply to searches and seizures under this section with such modifications as the circumstances require.  2002, c. 1, Sched. A, s. 6. Report and recommendations (15) On completion of an investigation, the Panel shall prepare a report that may include recommendations for amendment of the market rules or other recommendations.  2002, c. 1, Sched. A, s. 6. Submission of report (16) The Panel shall submit the report to the IESO, the Board and any other person that the Panel considers appropriate.  2004, c. 23, Sched. A, s. 47 (2). Same (17) The report shall be deemed, for the purpose of section 14 of the Freedom of Information and Protection of Privacy Act, to be a report prepared in the course of law enforcement, inspections or investigations by an agency which has the function of enforcing and regulating compliance with a law.  2002, c. 1, Sched. A, s. 6. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. D, s. 1 (3-5) - 01/05/2002 2002, c. 1, Sched. A, s. 6 - 27/06/2002 2004, c. 23, Sched. A, s. 47 (1, 2) - 01/01/2005