Investigations by Superintendent
24.(1)Where, upon a statement made under oath, the Superintendent believes on reasonable and probable grounds that any person has, (a) contravened any of the provisions of this Act or the regulations; (b) committed an offence under the Criminal Code (Canada) or under the law of any jurisdiction that is relevant to the person’s fitness for registration under this Act; (c) by any false, misleading or deceptive statement or advertisement, representation or promise, or by any dishonest concealment of material facts, induced or attempted to induce any person to borrow money or to be responsible for the repayment thereof or to agree to the terms of any transaction with respect to money lent on the security of a mortgage; or (d) induced or attempted to induce any person to pay or be responsible for the payment of excessive or exorbitant fees or expenses in connection with a loan on the security of a mortgage, the Superintendent may by order appoint one or more persons to make an investigation to ascertain whether such a contravention of the Act or regulation or the commission of such an offence or such conduct has occurred and the person or persons appointed shall report the result of the investigation to the Superintendent. R.S.O. 1990, c. M.39, s. 24 (1); 1997, c. 28, s. 172 (1). Powers of investigator (2)For purposes relevant to the subject-matter of an investigation under this section, the person or persons appointed to make the investigation may inquire into and examine the affairs of the person in respect of whom the investigation is being made and may, (a) upon production of the appointment, enter at any reasonable time the business premises of such person and examine books, papers, documents and things relevant to the subject-matter of the investigation; and (b) inquire into negotiations, transactions, loans, borrowings made by or on behalf of or in relation to such person and into property, assets or things owned, acquired or alienated in whole or in part by the person or any person acting on the person’s behalf that are relevant to the subject-matter of the investigation, and for the purposes of the inquiry, the person making the investigation has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to such inquiry as if it were an inquiry under that Act. Obstruction of investigator (3)No person shall obstruct a person appointed to make an investigation under this section or withhold from the person or conceal or destroy any books, papers, documents or things relevant to the subject-matter of the investigation. Search warrant (4)Where a justice of the peace is satisfied, upon an application made without notice by the person making an investigation under this section, that the investigation has been ordered and that such person has been appointed to make it and that there is reasonable ground for believing there are in any building, dwelling, receptacle or place any books, papers, documents or things relating to the person whose affairs are being investigated and to the subject-matter of the investigation, the justice of the peace may, whether or not an inspection has been made or attempted under clause (2) (a), issue an order authorizing the person making the investigation, together with such police officer or officers as the person calls upon for assistance, to enter and search, if necessary by force, such building, dwelling, receptacle or place for such books, papers, documents or things and to examine them, but every such entry and search shall be made between sunrise and sunset unless the justice of the peace, by the order, authorizes the person making the investigation to make the search at night. Removal of books, etc. (5)Any person making an investigation under this section may, upon giving a receipt therefor, remove any books, papers, documents or things examined under clause (2) (a) or subsection (4) relating to the person whose affairs are being investigated and to the subject-matter of the investigation for the purpose of making copies of such books, papers or documents, but such copying shall be carried out with reasonable dispatch and the books, papers or documents in question shall be promptly thereafter returned to the person whose affairs are being investigated. Admissibility of copies (6)Any copy made as provided in subsection (5) and certified to be a true copy by the person making the investigation is admissible in evidence as proof, in the absence of evidence to the contrary, of the original book, paper or document and its contents. R.S.O. 1990, c. M.39, s. 24 (2-6). Appointment of experts (7)The Superintendent may appoint any expert to examine books, papers, documents or things examined under clause (2) (a) or under subsection (4). 1997, c. 28, s. 178. 25.Repealed: 1997, c. 28, s. 179.