38.  (1)  Where the Registrar believes on reasonable and probable grounds that a member of the Association or a holder of a certificate of practice or temporary licence has committed an act of professional misconduct or incompetence, the Registrar by order may appoint one or more persons to investigate whether such act has occurred, and the person appointed shall report the result of his or her investigation to the Registrar.  R.S.O. 1990, c. A.26, s. 38 (1). Powers of investigator (2) For purposes relevant to the subject matter of an investigation under this section, the person appointed to make the investigation may inquire into and examine the practice of the member or holder of the certificate of practice or temporary licence in respect of whom the investigation is being made and may, upon production of his or her appointment, enter at any reasonable time the business premises of the member or holder and examine books, records, documents and things relevant to the subject matter of the investigation.  2009, c. 33, Sched. 6, s. 39. Application of Public Inquiries Act, 2009 (2.1) Section 33 of the Public Inquiries Act, 2009 applies to the inquiry under subsection (2).  2009, c. 33, Sched. 6, s. 39. Obstruction of investigator (3)  No person shall obstruct a person appointed to make an investigation under this section or withhold from him or her or conceal or destroy any books, records, documents or things relevant to the subject-matter of the investigation.  R.S.O. 1990, c. A.26, s. 38 (3). Order by provincial judge (4)  Where a provincial judge is satisfied on evidence upon oath, (a)  that the Registrar had grounds for appointing and by order has appointed one or more persons to make an investigation; and (b)  that there is reasonable ground for believing there are in any building, dwelling, receptacle or place any books, records, documents or things relating to the member of the Association or holder of a certificate of practice or a temporary licence whose affairs are being investigated and to the subject-matter of the investigation, the provincial judge may issue an order authorizing the person or persons making the investigation, together with such police officer or officers as they call upon to assist them, to enter and search, by force if necessary, such building, dwelling, receptacle or place for such books, records, documents or things and to examine them.  R.S.O. 1990, c. A.26, s. 38 (4). Execution of order (5)  An order issued under subsection (4) shall be executed at reasonable times as specified in the order.  R.S.O. 1990, c. A.26, s. 38 (5). Expiry of order (6)  An order issued under subsection (4) shall state the date on which it expires, which shall be a date not later than fifteen days after the order is issued.  R.S.O. 1990, c. A.26, s. 38 (6). Application without notice (7)  A provincial judge may receive and consider an application for an order under subsection (4) without notice to and in the absence of the member of the Association or holder of a certificate of practice or a temporary licence whose affairs are being investigated.  R.S.O. 1990, c. A.26, s. 38 (7). Removal of books, etc. (8)  Any person making an investigation under this section may, upon giving a receipt therefor, remove any books, records, documents or things examined under subsection (2) or (4) relating to the member or holder whose practice is being investigated and to the subject-matter of the investigation for the purpose of making copies of such books, records or documents, but such copying shall be carried out with reasonable dispatch and the books, records or documents in question shall be promptly thereafter returned to the member or holder whose practice is being investigated.  R.S.O. 1990, c. A.26, s. 38 (8). Admissibility of copies (9)  Any copy made as provided in subsection (8) and certified to be a true copy by the person making the investigation is admissible in evidence in any action, proceeding or prosecution as proof in the absence of evidence to the contrary of the original book, record or document and its contents.  R.S.O. 1990, c. A.26, s. 38 (9). Report of Registrar (10)  The Registrar shall report the results of the investigation to the Council or such committee as he or she considers appropriate.  R.S.O. 1990, c. A.26, s. 38 (10). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 39 - 1/06/2011