Inspection
21. (1) In this section, “inspector” means the Director or any other person appointed by the Minister in writing as an inspector for the purposes of this Act; (“inspecteur”) “record” includes a book of account, bank book, voucher, invoice, receipt, contract, payroll record, record of staff hours worked, record of personal health information within the meaning of the Personal Health Information Protection Act, 2004, correspondence and any other document, regardless of whether the record is on paper or is in electronic, photographic or other form, but does not include that part of a record that deals with quality management activities or quality improvement activities. (“document”) 1993, c. 2, s. 17; 2004, c. 3, Sched. A, s. 87 (2). Inspection of homes (2) For the purpose of determining whether there is compliance with this Act, the regulations or a service agreement, an inspector, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is amended by the Statutes of Ontario, 2006, chapter 4, subsection 46 (4) by striking out the portion before clause (a) and substituting the following: Entry and inspection (2) For the purpose of determining whether there is compliance with this Act, the regulations, the terms and conditions of funding imposed under subsection 28 (2) or a service accountability agreement, an inspector, See: 2006, c. 4, ss. 46 (4), 55 (2). (a) may at all reasonable times enter and inspect a home; and (b) may, if he or she has reasonable grounds to believe that records or other things pertaining to a home are kept in a place that is not in the home, enter the place at all reasonable times in order to inspect such records and other things. 1993, c. 2, s. 17. Dwellings (3) No inspector shall enter a place that is not in a home and that is being used as a dwelling, except with the consent of the occupier of the place. 1993, c. 2, s. 17. Identification (4) An inspector conducting an inspection under this section shall produce, upon request, identification that provides evidence of his or her authority. 1993, c. 2, s. 17. Powers on inspection (5) An inspector conducting an inspection under this section, (a) may inspect the premises of the home and the operations on the premises; (b) may inspect a record or other thing relevant to the inspection; (c) may demand the production for inspection of records or other things relevant to the inspection, including records or other things that are not kept on the premises of the home; (d) may question a person on matters relevant to the inspection, subject to the person’s right to have counsel or some other representative present during the questioning; (e) may conduct such examinations or tests as are reasonably necessary for the inspection; (f) may, for the purpose of carrying out the inspection, use data storage, processing or retrieval devices or systems of a municipality maintaining and operating the home or of the board of management of the home, as the case may be, in order to produce a record in readable form; (g) may, on providing a receipt, remove a record, a sample of a substance, or any other thing, if it is relevant to the inspection; (h) may review or copy a record or other thing removed under clause (g); (i) may conduct such examinations or tests as are reasonably necessary on a sample or other thing removed under clause (g); and (j) may call upon experts for such assistance in carrying out the inspection as the inspector considers necessary. 1993, c. 2, s. 17. Written demand (6) A demand mentioned in clause (5) (c) shall be in writing and shall include a statement of the nature of the records and other things required. 1993, c. 2, s. 17. Return of things (7) An inspector shall carry out with reasonable dispatch any reviewing, copying, examining or testing under clause (5) (h) or (i) and shall, within a reasonable time, return the records and other things removed to the place from which they were removed. 1993, c. 2, s. 17. Making things available (8) At the request of a municipality maintaining and operating the home or at the request of the board of management of the home, an inspector who has removed a record or other thing under clause (5) (g) shall make it available for review, copying, examination or testing by or on behalf of the municipality or board of management, as the case may be, at a mutually convenient time and place. 1993, c. 2, s. 17. Samples (9) Subsections (7) and (8) do not apply to samples removed by the inspector. 1993, c. 2, s. 17. Admissibility of copies (10) A copy made under clause (5) (h) that purports to be certified by the inspector as being a true copy of the original is admissible in evidence in any proceeding to the same extent as, and has the same evidentiary value as, the original. 1993, c. 2, s. 17. Admissibility of test results (11) A certificate as to the result of an examination or test conducted under this section that states the name and qualifications of the person who conducted the examination or test and purports to be signed by that person is, without proof of the office or signature of that person, admissible in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the certificate, if the certificate has been served on the other parties to the proceeding within a reasonable time before the certificate is adduced. 1993, c. 2, s. 17. Obligation to produce and assist (12) If an inspector makes a demand under clause (5) (c), the person having custody of the record or other thing shall produce it for the inspector and shall, at the inspector’s request, (a) provide such assistance as is reasonably necessary to produce the record in a readable form, including using a data storage, processing or retrieval device or system; and (b) provide such assistance as is reasonably necessary to interpret the record for the inspector. 1993, c. 2, s. 17. Obstruction (13) No person shall hinder, obstruct or interfere with an inspector conducting an inspection under this section or otherwise impede an inspector in carrying out his or her duties under this Act. 1993, c. 2, s. 17. Offence, individual (14) An individual who contravenes subsection (12) or (13) is guilty of an offence and on conviction is liable, (a) for a first offence, to a fine of not more than $25,000 or to a term of imprisonment of not more than 12 months, or to both; (b) for each subsequent offence, to a fine of not more than $50,000 or to a term of imprisonment of not more than 12 months, or to both. 2002, c. 18, Sched. I, s. 10 (1). Same, corporation (14.1) A corporation that contravenes subsection (12) or (13) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and to a fine of not more than $200,000 for a subsequent offence. 2002, c. 18, Sched. I, s. 10 (1). Compensation or restitution (14.2) The court that convicts a person of an offence under this section may, in addition to any other penalty, order that the person pay compensation or make restitution to any person who suffered a loss as a result of the offence. 2002, c. 18, Sched. I, s. 10 (1). No limitation (14.3) Section 76 of the Provincial Offences Act does not apply to a prosecution under this section. 2002, c. 18, Sched. I, s. 10 (1). Inspection report (15) Upon completing an inspection under this section, an inspector shall prepare an inspection report and shall give a copy of the report to each municipality maintaining and operating the home or to the board of management of the home, as the case may be. 1993, c. 2, s. 17.