62 (1) In this section, “record” includes a book of account, bank book, voucher, invoice, receipt, contract, payroll record, record of staff hours worked, record of personal health information, 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.  1994, c. 26, s. 62 (1); 2004, c. 3, Sched. A, s. 89 (16). Inspection (2) For the purpose of ensuring compliance with this Act, the regulations, an agreement made under clause 4 (c) or section 28.3, a service accountability agreement or a term or condition imposed by the Minister under this Act, a program supervisor, at all reasonable times, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 62 (2) of the Act is amended by striking out “or section 28.3” in the portion before clause (a). (See: 2019, c. 5, Sched. 3, s. 10 (33)) (a)  may enter the business premises of a service provider; (b)  may, subject to subsection (3), enter any premises where a community service is provided; and (c)  may inspect the premises, the community services provided on the premises and the records relevant to the inspection.  1994, c. 26, s. 62 (2); 2006, c. 4, s. 47 (11); 2016, c. 30, s. 40 (4); 2019, c. 5, Sched. 3, s. 10 (34). Dwellings (3) No program supervisor shall enter a place that is being used as a dwelling, except with the consent of the occupier or under the authority of a warrant issued under section 158 of the Provincial Offences Act.  1994, c. 26, s. 62 (3). Identification (4) A program supervisor conducting an inspection under this section shall produce, upon request, identification that provides evidence of his or her authority.  1994, c. 26, s. 62 (4). Questions (5) In conducting an inspection under this section, a program supervisor may question a person on matters relevant to the inspection, subject to the person’s right to have counsel or another representative present during the questioning.  1994, c. 26, s. 62 (5). Readable form (6) If a program supervisor asks to inspect a record that is relevant to the inspection but is not in readable form, the service provider shall 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.  1994, c. 26, s. 62 (6). Interpretation of record (7) If a program supervisor asks for assistance with the interpretation of a record that is relevant to the inspection, the service provider shall provide such assistance as is reasonably necessary to interpret the record for the program supervisor.  1994, c. 26, s. 62 (7). Copying and removal (8) A program supervisor conducting an inspection under this section may make copies of records relevant to the inspection and may, on providing a receipt, remove such records from the premises in order to copy them.  1994, c. 26, s. 62 (8). Return of things (9) A program supervisor who removes anything from the premises shall return it to the premises within a reasonable time.  1994, c. 26, s. 62 (9). Admissibility of copies (10) A copy made under subsection (8) that purports to be certified by the program supervisor 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.  1994, c. 26, s. 62 (10). No obstruction (11) No person shall hinder or obstruct or attempt to hinder or obstruct a program supervisor in the execution of the program supervisor’s duties, functions or powers under this Act or knowingly give a program supervisor false information about a matter relevant to an inspection.  1994, c. 26, s. 62 (11). Section Amendments with date in force (d/m/y) 2004, c. 3, Sched. A, s. 89 (16) - 01/11/2004 2006, c. 4, s. 47 (11)
- 01/05/2010 2016, c. 30, s. 40 (4)
- 08/12/2016 2019, c. 5, Sched. 3, s. 10 (33) - not in force; 2019, c. 5, Sched. 3, s. 10 (34) - 06/06/2019