77 (1) An inspector may at any reasonable time, without notice, enter and conduct an inspection of a retirement home in respect of which a licence has been issued and any place that is operated in connection with the home and from which services are provided to the home, for the purpose of determining whether the licensee of the home is in compliance with the requirements under this Act.  2010, c. 11, s. 77 (1). Same, residential complex (2) If an inspector has reasonable and probable grounds to believe that a residential complex or part of a residential complex is a retirement home being operated by a person who is not licensed to operate it, the inspector may at any reasonable time, without notice, enter and conduct an inspection of the complex or the part for the purpose of determining whether, (a) it is a retirement home; (b) the person is operating a retirement home for which the Registrar refused to issue a licence to the person under section 36; (c) the person is in compliance with an order made by the  Registrar under section 89 or 95; or (d) there has been harm or there is a risk of harm to occupants resulting from the failure of the operator to comply with section 33 or any other requirement of this Act. 2017, c. 25, Sched. 10, s. 19 (1). Required inspection (3) The Registrar shall ensure that every retirement home in respect of which a licence has been issued is inspected under this Act with the frequency that is prescribed or, if no frequency is prescribed, at least once a year.  2010, c. 11, s. 77 (3). Living quarters (4) In conducting an inspection, an inspector shall not enter any rooms that are being used as living quarters for one or more residents except, (a) with the consent of the occupier; or (b) under the authority of a warrant issued under subsection 79 (2).  2010, c. 11, s. 77 (4). Powers on inspection (5) In conducting an inspection, an inspector may, (a) inspect the premises; (b) inspect the operations; (c) inspect and copy records and other things; (d) demand the production of records and other things, even if they are not kept on the premises; (e) question individuals; (f) photograph, film and make any other kind of recording of anything or anyone, but only in a manner that does not intercept any private communications and that is in keeping with reasonable expectations of privacy; (g) conduct examinations and tests; (h) use data storage, processing and retrieval devices and systems at the premises in order to produce a record in readable form; (i) on providing a receipt, take specimens and remove samples, records and other things; (j) call on experts for assistance in carrying out the inspection; and (k) do the other things that are prescribed.  2010, c. 11, s. 77 (5). Demand (6) A demand under clause (5) (d) must be in writing and must specify, (a) the nature of the records and other things demanded; and (b) the time within which the records and other things must be produced.  2010, c. 11, s. 77 (6). Obligation to produce and assist (7) If an inspector makes a demand under clause (5) (d), the person having custody of the record shall produce it for the inspector within the time specified in the demand and, at the inspector’s request, shall, (a) provide whatever assistance is reasonably necessary to produce the record in a readable form, including using data storage, processing and retrieval devices and systems; and (b) provide whatever assistance is reasonably necessary to interpret the record for the inspector.  2010, c. 11, s. 77 (7). Power to exclude persons (8) An inspector who questions an individual under clause (5) (e) may exclude from the questioning any other individual except counsel for the individual being questioned.  2010, c. 11, s. 77 (8). Return of things (9) An inspector shall, within a reasonable time, return the records and other things removed under clause (5) (i).  2010, c. 11, s. 77 (9). Making things available (10) At the request of the person operating the premises, an inspector who has removed a record or other thing under clause (5) (i) shall make it available for review, copying, examination or testing by or on behalf of the person at a mutually convenient time and place.  2010, c. 11, s. 77 (10). Specimens and samples (11) Subsections (9) and (10) do not apply to specimens taken or samples removed by the inspector.  2010, c. 11, s. 77 (11). Admissibility of copies (12) A copy of a record certified by an inspector to be a true copy of the original is admissible in evidence to the same extent, and has the same evidentiary value, as the original.  2010, c. 11, s. 77 (12). Draft report, if operator licensed (13) If an inspector conducts an inspection under subsection (1) for the purpose of determining whether the licensee of a retirement home is in compliance with the requirements under this Act, the inspector, on completing the inspection, shall prepare a draft inspection report and give it to the licensee together with a written notice stating that the licensee may provide written comments on the draft inspection report to the inspector within the period specified in the notice.  2010, c. 11, s. 77 (13). Final report, if operator licensed (14) When the period within which the licensee may provide written comments on the draft inspection report expires, the inspector shall, (a) prepare a final inspection report, taking into consideration the licensee’s written comments, if any, on the draft inspection report; (a.1) ensure that the final inspection report does not contain personal information or personal health information; (a.2) if there is a finding in the draft report that there has been a contravention of a requirement under this Act, ensure that the final inspection report provides only the finding and a summary of the evidence supporting the finding; (a.3) if there is a finding in the draft report that there has been no contravention of a requirement under this Act, ensure that the final inspection report provides only a summary of the finding; and (b) give the final inspection report to the licensee, the Registrar and the Residents’ Council, if any.  2010, c. 11, s. 77 (14); 2021, c. 39, Sched. 3, s. 3. Documentation of contravention (15) An inspector who finds that a licensee has contravened a requirement under this Act shall document the contravention in the inspection report.  2010, c. 11, s. 77 (15). Report, if operator not licensed (16) If an inspector conducts an inspection under subsection (2) for any of the purposes set out in that subsection, the inspector, on completing the inspection, shall prepare an inspection report setting out the inspector’s findings in the manner, if any, that the Registrar determines and shall give the report to the Registrar. 2017, c. 25, Sched. 10, s. 19 (2). Definition, record (17) In this section, “record” means any document or record of information in any form, and includes a record of personal health information.  2010, c. 11, s. 77 (17). Section Amendments with date in force (d/m/y) 2017, c. 25, Sched. 10, s. 19 (1, 2) - 12/12/2017 2021, c. 39, Sched. 3, s. 3 - 09/12/2021