PART XIX EXAMINATION AND ENFORCEMENT
Powers of examination, etc.
444 (1) A person conducting an examination, for the purpose of carrying out that person’s duties, (a)  may enter any place at any reasonable time; (b)  may require the production for inspection of all books, records, information, money, valuables or things that may be relevant to the carrying out of the duties; (b.1)  may, in order to produce information, use any data storage, processing or retrieval device or system that is used in connection with the business of the person being examined; (c)  may, upon giving a receipt therefor, remove anything produced for inspection under clause (b) for the purpose of examining it or making copies of it, including removing a data storage, processing or retrieval device in order to produce information, and shall return it within a reasonable time to the person who produced it; and (d)  may question a person on matters that are or may be relevant to the carrying out of the examination. R.S.O. 1990, c. I.8, s. 444 (1); 2013, c. 2, Sched. 8, s. 36 (1). Entry to dwellings (2) No person may exercise a power of entry conferred by this Act to enter a place that is being used as a dwelling without the consent of the occupier except under the authority of a warrant issued under this section. R.S.O. 1990, c. I.8, s. 444 (2). Warrant for search (3) Where a justice of the peace is satisfied on information upon oath that there is, in a place, books, records, information, money, valuables or things that there are reasonable grounds to believe will afford evidence related to the carrying out of an examination under this Act, the justice of the peace may issue a warrant authorizing the person named in the warrant to search the place and to exercise any of the powers described in subsection (1). 2013, c. 2, Sched. 8, s. 36 (2). Warrant for entry (4) Where a justice of the peace is satisfied on information upon oath that there are reasonable grounds to believe it is necessary that a place being used as a dwelling or to which entry has been denied be entered so that a person may carry out an examination, the justice of the peace may issue a warrant authorizing such entry by the person named in the warrant. R.S.O. 1990, c. I.8, s. 444 (4). Execution and expiry of warrant (5) A warrant issued under subsection (3) or (4), (a)  shall specify the hours and days during which it may be executed; and (b)  shall name a date on which it expires, which date shall not be later than fifteen days after its issue. R.S.O. 1990, c. I.8, s. 444 (5). Expert help (5.1) A warrant issued under subsection (3) or (4) may authorize persons who have special, expert or professional knowledge to accompany and assist the person named in the warrant. 2013, c. 2, Sched. 8, s. 36 (3). Identification (5.2) Upon request, the Chief Executive Officer shall produce evidence of his or her office and the Chief Executive Officer’s designate shall produce evidence of his or her designation. 2013, c. 2, Sched. 8, s. 36 (3); 2018, c. 8, Sched. 13, s. 22, 23. Obstruction (6) No person shall hinder, obstruct or interfere with a person in the execution of a warrant or otherwise impede a person carrying out an examination. R.S.O. 1990, c. I.8, s. 444 (6). Same (7) Subsection (6) is not contravened where a person refuses to produce books, records, information, money, valuables or things unless a warrant has been issued under subsection (3). 2013, c. 2, Sched. 8, s. 36 (4). Admissibility of copies (8) A copy of, or an extract from, books, a record, information or a thing removed from a place under this Act and certified by the person who made the copy or extract as a true copy of, or extract from the original is admissible in evidence to the same extent as, and has the same evidentiary value as, the books, record, information or thing of which it is a copy or an extract. 2013, c. 2, Sched. 8, s. 36 (5). Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 8, s. 36 - 16/08/2013 2018, c. 8, Sched. 13, s. 22, 23 - 08/06/2019