49.10 (1) On application by the Society, the Superior Court of Justice may make an order under subsection (2) if the court is satisfied that there are reasonable grounds for believing, (a)  that one of the following circumstances exists: (i)  a review of a licensee’s professional business under section 42 is authorized, (ii)  an investigation into a licensee’s conduct under subsection 49.3 (1) is authorized, or (iii)  a licensee whose capacity is being investigated under subsection 49.3 (3) may be, or may have been, incapacitated; (b)  that there are documents or other things that relate to the matters under review or investigation in a building, dwelling or other premises specified in the application or in a vehicle or other place specified in the application, whether the building, dwelling, premises, vehicle or place is under the control of the licensee or another person; and (c)  that an order under subsection (2) is necessary, (i)  because of urgency, (ii)  because use of the authority in subsection 42 (2) or 49.3 (2) or (4) is not possible, is not likely to be effective or has been ineffective, or (iii)  because subsection 42 (2) or 49.3 (2) or (4) does not authorize entry into the building, dwelling or other premises specified in the application or the vehicle or other place specified in the application.  2006, c. 21, Sched. C, s. 46 (1). Contents of order (2) The order referred to in subsection (1) may authorize the person conducting the investigation or review, or any police officer or other person acting on the direction of the person conducting the investigation or review, (a)  to enter, by force if necessary, any building, dwelling or other premises specified in the order or any vehicle or other place specified in the order, whether the building, dwelling, premises, vehicle or place is under the control of the licensee or another person; (b)  to search the building, dwelling, premises, vehicle or place; (c)  to open, by force if necessary, any safety deposit box or other receptacle; and (d)  to seize and remove any documents or other things that relate to the matters under investigation or review.  1998, c. 21, s. 21; 2006, c. 21, Sched. C, s. 46 (2). Terms and conditions (3) An order under subsection (2) may include such terms and conditions as the court considers appropriate.  1998, c. 21, s. 21. Assistance of police (4) An order under subsection (2) may require a police officer to accompany the person conducting the investigation or review in the execution of the order.  1998, c. 21, s. 21. Application without notice (5) An application for an order under subsection (2) may be made without notice.  1998, c. 21, s. 21. Removal of seized things (6) A person who removes any thing pursuant to an order under this section shall, (a)  at the time of removal, give a receipt to the person from whom the thing is seized; and (b)  as soon as practicable, bring the thing before or report the removal to a judge of the Superior Court of Justice.  1998, c. 21, s. 21; 2002, c. 18, Sched. A, s. 12 (2). Order for retention (7) If the judge referred to in clause (6) (b) is satisfied that retention of the thing is necessary for the purpose of the investigation or review or for the purpose of a proceeding under this Part, he or she may order that the thing be retained until, (a)  such date as he or she may specify; or (b)  if a proceeding under this Part has been commenced, until the proceeding, including any appeals, has been completed.  1998, c. 21, s. 21. Extension of time (8) A judge of the Superior Court of Justice may, before the time for retaining a thing expires, extend the time until, (a)  such later date as he or she may specify; or (b)  if a proceeding under this Part has been commenced, until the proceeding, including any appeals, has been completed.  1998, c. 21, s. 21; 2002, c. 18, Sched. A, s. 12 (2). Return (9) If retention of a thing is not authorized under subsection (7) or the time for retaining the thing expires, it shall be returned to the person from whom it was seized.  1998, c. 21, s. 21. Seizure despite privilege (10) An order under this section may authorize the seizure of a thing even if the thing is privileged or confidential.  1998, c. 21, s. 21. Admissibility despite privilege (11) Despite clause 15 (2) (a) and section 32 of the Statutory Powers Procedure Act, a thing seized under this section is admissible in a proceeding under this Act even if the thing is privileged or confidential.  1998, c. 21, s. 21. Privilege preserved for other purposes (12) Subsections (10) and (11) do not negate or constitute a waiver of any privilege and, even though a thing that is privileged may be seized under subsection (10) and is admissible in a proceeding under subsection (11), the privilege continues for all other purposes.  1998, c. 21, s. 21; 2020, c. 11, Sched. 13, s. 9. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2002, c. 18, Sched. A, s. 12 (2) - 26/11/2002 2006, c. 21, Sched. C, s. 46 (1, 2) - 01/05/2007 2020, c. 11, Sched. 13, s. 9 - 08/07/2020