91 (1) An employment standards officer may, without a warrant, enter and inspect any place in order to investigate a possible contravention of this Act or to perform an inspection to ensure that this Act is being complied with.  2000, c. 41, s. 91 (1). Time of entry (2) The power to enter and inspect a place without a warrant may be exercised only during the place’s regular business hours or, if it does not have regular business hours, during daylight hours.  2000, c. 41, s. 91 (2). Dwellings (3) The power to enter and inspect a place without a warrant shall not be exercised to enter and inspect a part of the place that is used as a dwelling unless the occupier of the dwelling consents or a warrant has been issued under section 92.  2000, c. 41, s. 91 (3). Use of force (4) An employment standards officer is not entitled to use force to enter and inspect a place.  2000, c. 41, s. 91 (4). Identification (5) An employment standards officer shall produce, on request, evidence of his or her appointment.  2000, c. 41, s. 91 (5). Powers of officer (6) An employment standards officer conducting an investigation or inspection may, (a)  examine a record or other thing that the officer thinks may be relevant to the investigation or inspection; (b)  require the production of a record or other thing that the officer thinks may be relevant to the investigation or inspection; (c)  remove for review and copying a record or other thing that the officer thinks may be relevant to the investigation or 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 place; and (e)  question any person on matters the officer thinks may be relevant to the investigation or inspection.  2000, c. 41, s. 91 (6); 2006, c. 19, Sched. M, s. 1 (2). Written demand (7) A demand that a record or other thing be produced must be in writing and must include a statement of the nature of the record or thing required.  2000, c. 41, s. 91 (7). Obligation to produce and assist (8) If an employment standards officer demands that a record or other thing be produced, the person who has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form.  2000, c. 41, s. 91 (8). Records and things removed from place (9) An employment standards officer who removes a record or other thing under clause (6) (c) shall provide a receipt and return the record or thing to the person within a reasonable time.  2000, c. 41, s. 91 (9). Copy admissible in evidence (10) A copy of a record that purports to be certified by an employment standards officer 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.  2000, c. 41, s. 91 (10). Self-audit (10.1) In addition to the powers set out in subsection (6), an employment standards officer conducting an inspection may, by giving written notice, require an employer to conduct an examination of the employer’s records, practices or both in relation to one or more provisions of this Act or the regulations. 2021, c. 25, Sched. 6, s. 3. Examination and report (10.2) If an employer is required to conduct an examination under subsection (10.1), the employer shall conduct the examination and report the results of the examination to the employment standards officer in accordance with the notice. 2021, c. 25, Sched. 6, s. 3. Notice (10.3) A notice given under subsection (10.1) shall specify, (a)  the period to be covered by the examination; (b)  the provision or provisions of this Act or the regulations to be covered by the examination; and (c)  the date by which the employer must provide a report of the results of the examination to the employment standards officer. 2021, c. 25, Sched. 6, s. 3. Same (10.4) A notice given under subsection (10.1) may specify, (a)  the method to be used in carrying out the examination; (b)  the format of the report; and (c)  such information to be included in the employer’s report as the employment standards officer considers appropriate. 2021, c. 25, Sched. 6, s. 3. Same (10.5) Without restricting the generality of clause (10.4) (c), a notice given under subsection (10.1) may require the employer to include in the report to the employment standards officer, (a)  an assessment of whether the employer has complied with this Act or the regulations; (b)  if, pursuant to clause (a), the employer has included an assessment that the employer has not complied with this Act or the regulations; (i)  an assessment of whether one or more employees are owed wages, and (ii)  a description of the measures that the employer has taken or will take to ensure that this Act or the regulations will be complied with; and (c)  if, pursuant to subclause (b) (i), the employer has included an assessment that one or more employees are owed wages, the name of every employee who is owed wages, the amount of wages owed to each employee and an explanation of how the amount of wages owed to each employee was determined. 2021, c. 25, Sched. 6, s. 3. Obstruction (11) No person shall hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an employment standards officer conducting an investigation or inspection.  2000, c. 41, s. 91 (11). Same (12) No person shall, (a)  refuse to answer questions on matters that an employment standards officer thinks may be relevant to an investigation or inspection; or (b)  provide an employment standards officer with information on matters the officer thinks may be relevant to an investigation or inspection that the person knows to be false or misleading.  2000, c. 41, s. 91 (12). Separate inquiries (13) No person shall prevent or attempt to prevent an employment standards officer from making inquiries of any person separate and apart from another person under clause (6) (e).  2000, c. 41, s. 91 (13). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. M, s. 1 (2) - 22/06/2006 2021, c. 25, Sched. 6, s. 3 - 03/06/2021 91.1 Repealed: 2021, c. 25, Sched. 6, s. 4. Section Amendments with date in force (d/m/y) 2014, c. 10, Sched. 2, s. 6 - 20/05/2015 2021, c. 25, Sched. 6, s. 4 - 03/06/2021