60 (1) In conducting a review under section 57 or 58, the Commissioner may, without a warrant or court order, enter and inspect any premises in accordance with this section if, (a)  the Commissioner has reasonable grounds to believe that, (i)  the person about whom the complaint was made or the person whose activities are being reviewed is using the premises for a purpose related to the subject-matter of the complaint or the review, as the case may be, and (ii)  the premises contains books, records or other documents relevant to the subject-matter of the complaint or the review, as the case may be; and (b)  the Commissioner is conducting the inspection for the purpose of determining whether the person has contravened or is about to contravene a provision of this Act or its regulations. (c)  Revoked : 2016, c. 6, Sched. 1, s. 1 (25). 2004, c. 3, Sched. A, s. 60 (1); 2016, c. 6, Sched. 1, s. 1 (25). Review powers (2) In conducting a review under section 57 or 58, the Commissioner may, (a)  demand the production of any books, records or other documents relevant to the subject-matter of the review or copies of extracts from the books, records or other documents; (b)  inquire into all information, records, information practices of a health information custodian and other matters that are relevant to the subject-matter of the review; (c)  demand the production for inspection of anything described in clause (b); (d)  use any data storage, processing or retrieval device or system belonging to the person being investigated in order to produce a record in readable form of any books, records or other documents relevant to the subject-matter of the review; or (e)  on the premises that the Commissioner has entered, review or copy any books, records or documents that a person produces to the Commissioner, if the Commissioner pays the reasonable cost recovery fee that the health information custodian or person being reviewed may charge.  2004, c. 3, Sched. A, s. 60 (2). Entry to dwellings (3) The Commissioner shall not, without the consent of the occupier, exercise a power to enter a place that is being used as a dwelling, except under the authority of a search warrant issued under subsection (4).  2004, c. 3, Sched. A, s. 60 (3). Search warrants (4) Where a justice of the peace is satisfied by evidence upon oath or affirmation that there is reasonable ground to believe it is necessary to enter a place that is being used as a dwelling to investigate a complaint that is the subject of a review under section 57, he or she may issue a warrant authorizing the entry by a person named in the warrant.  2004, c. 3, Sched. A, s. 60 (4). Time and manner for entry (5) The Commissioner shall exercise the power to enter premises under this section only during reasonable hours for the premises and only in such a manner so as not to interfere with health care that is being provided to any person on the premises at the time of entry.  2004, c. 3, Sched. A, s. 60 (5). No obstruction (6) No person shall obstruct the Commissioner who is exercising powers under this section or provide the Commissioner with false or misleading information.  2004, c. 3, Sched. A, s. 60 (6). Written demand (7) A demand for books, records or documents or copies of extracts from them under subsection (2) must be in writing and must include a statement of the nature of the things that are required to be produced.  2004, c. 3, Sched. A, s. 60 (7). Obligation to assist (8) If the Commissioner makes a demand for any thing under subsection (2), the person having custody of the thing shall produce it to the Commissioner and, at the request of the Commissioner, shall provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce a record in readable form, if the demand is for a document.  2004, c. 3, Sched. A, s. 60 (8). Removal of documents (9) If a person produces books, records and other documents to the Commissioner, other than those needed for the current health care of any person, the Commissioner may, on issuing a written receipt, remove them and may review or copy any of them if the Commissioner is not able to review and copy them on the premises that the Commissioner has entered.  2004, c. 3, Sched. A, s. 60 (9). Return of documents (10) The Commissioner shall carry out any reviewing or copying of documents with reasonable dispatch, and shall forthwith after the reviewing or copying return the documents to the person who produced them.  2004, c. 3, Sched. A, s. 60 (10). Admissibility of copies (11) A copy certified by the Commissioner as a copy is admissible in evidence to the same extent, and has the same evidentiary value, as the thing copied.  2004, c. 3, Sched. A, s. 60 (11). Answers under oath (12) In conducting a review under section 57 or 58, the Commissioner may, by summons, in the same manner and to the same extent as a superior court of record, require the appearance of any person before the Commissioner and compel them to give oral or written evidence on oath or affirmation.  2004, c. 3, Sched. A, s. 60 (12). Inspection of record without consent (12.1) Despite subsections (2) and (12), the Commissioner shall not inspect a record of, require evidence of, or inquire into personal health information without the consent of the individual to whom it relates except in the circumstances referred to in subsections (13) and (14.1). 2020, c. 5, Sched. 6, s. 15 (1). Same, public interest (13) The Commissioner may inspect a record of, require evidence of, or inquire into personal health information without the consent of the individual to whom it relates if, (a)  the Commissioner first determines that it is reasonably necessary to do so, subject to any conditions or restrictions that the Commissioner specifies, which shall include a time limitation, in order to carry out the review and that the public interest in carrying out the review justifies dispensing with obtaining the individual's consent in the circumstances; and (b)  the Commissioner provides a statement to the person who has custody or control of the record to be inspected, or the evidence or information to be inquired into, setting out the Commissioner’s determination under clause (a) together with brief written reasons and any restrictions and conditions that the Commissioner has specified.  2004, c. 3, Sched. A, s. 60 (13); 2020, c. 5, Sched. 6, s. 15 (2). Limitation on delegation (14) Despite subsection 67 (1), the power to make a determination under clause (13) (a) and to approve the brief written reasons under clause (13) (b) may not be delegated except to the Assistant Commissioner.  2004, c. 3, Sched. A, s. 60 (14). Inspection of record without consent, abandoned records (14.1) The Commissioner may inspect a record of, require evidence of, or inquire into personal health information without the consent of the individual to whom it relates if the Commissioner determines or has reasonable grounds to suspect that the record of personal health information has been abandoned. 2020, c. 5, Sched. 6, s. 15 (3). Document privileged (15) A document or thing produced by a person in the course of a review is privileged in the same manner as if the review were a proceeding in a court.  2007, c. 10, Sched. H, s. 22. Protection (16) Except on the trial of a person for perjury in respect of his or her sworn testimony, no statement made or answer given by that or any other person in the course of a review by the Commissioner is admissible in evidence in any court or at any inquiry or in any other proceedings, and no evidence in respect of proceedings before the Commissioner shall be given against any person.  2004, c. 3, Sched. A, s. 60 (16). Protection under federal Act (17) The Commissioner shall inform a person giving a statement or answer in the course of a review by the Commissioner of the person’s right to object to answer any question under section 5 of the Canada Evidence Act.  2004, c. 3, Sched. A, s. 60 (17). Representations (18) The Commissioner shall give the person who made the complaint, the person about whom the complaint is made and any other affected person an opportunity to make representations to the Commissioner.  2004, c. 3, Sched. A, s. 60 (18). Representative (19) A person who is given an opportunity to make representations to the Commissioner may be represented by counsel or another person.  2004, c. 3, Sched. A, s. 60 (19). Access to representations (20) The Commissioner may permit a person to be present during the representations that another person makes to the Commissioner or to have access to them unless doing so would reveal, (a)  the substance of a record of personal health information, for which a health information custodian claims to be entitled to refuse a request for access made under section 53; or (b)  personal health information to which an individual is not entitled to request access under section 53.  2004, c. 3, Sched. A, s. 60 (20). Proof of appointment (21) If the Commissioner or Assistant Commissioner has delegated his or her powers under this section to an officer or employee of the Commissioner, the officer or employee who exercises the powers shall, upon request, produce the certificate of delegation signed by the Commissioner or Assistant Commissioner, as the case may be.  2004, c. 3, Sched. A, s. 60 (21). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. H, s. 22 - 04/06/2007 2016, c. 6, Sched. 1, s. 1 (25) - 03/06/2016 2020, c. 5, Sched. 6, s. 15 (1-3) - 25/03/2020