83 (1) The Public Guardian and Trustee is entitled to have access, for the purpose of an investigation required by section 27 or 62, to any record relating to the person who is alleged to be incapable that the Public Guardian and Trustee reasonably believes to be relevant to the investigation and that is in the custody or control of, (a) the person’s guardian of property or guardian of the person; (b) the person’s attorney under a power of attorney that confers authority in respect of the person’s property or under a power of attorney for personal care; (c) a member of the College of a health profession as defined in the Regulated Health Professions Act, 1991; (d) a facility; (e) a person who operates a controlled-access residence; (f) a bank, loan or trust corporation, credit union or other financial institution; (g) an administrator of a pension fund; (h) a real estate broker or agent; or (i) any other prescribed person, entity or class of person or entity.  1992, c. 30, s. 83 (1). 1996, c. 2, s. 57; 2009, c. 33, Sched. 2, s. 71 (8); 2021, c. 4, Sched. 8, s. 2 (1). Exception, solicitor-client privilege (2) Subsection (1) does not override any solicitor-client privilege to which a record is subject.  1992, c. 30, s. 83 (2). Exception, law enforcement (3) The Public Guardian and Trustee is not entitled to have access to a record or part of a record whose disclosure could reasonably be expected to produce one of the results described in subsection 14 (1) of the Freedom of Information and Protection of Privacy Act.  1992, c. 30, s. 83 (3). Rules re access to record (4) The following rules apply when the Public Guardian and Trustee is entitled to have access to a record: 1. The Public Guardian and Trustee is entitled to be given access to the record no later than four business days after requesting access. 2. The Public Guardian and Trustee is not entitled to have access to any information in the record that is personal information, as defined in the Freedom of Information and Protection of Privacy Act, relating to an individual other than the person who is alleged to be incapable. 3. The Public Guardian and Trustee is not entitled to make a search among the records kept by the person or entity that has custody or control of the record. 4. The Public Guardian and Trustee is entitled to make copies or extracts from the record in any manner that does not damage the record. 5. At the Public Guardian and Trustee’s request and within a reasonable time, the person or entity that has custody or control of a record shall provide the Public Guardian and Trustee with photocopies of all or part of the record. The Public Guardian and Trustee shall pay the prescribed amount for any photocopies in excess of twenty pages. 6. If the person or entity that has custody or control of records consents, the Public Guardian and Trustee may remove records for copying. 7. The Public Guardian and Trustee shall give a receipt for the records being removed and shall return them within two business days. 8. Records needed for the current care of the person who is alleged to be incapable shall not be removed.  1992, c. 30, s. 83 (4); 2021, c. 4, Sched. 8, s. 2 (2, 3). Warrant for access to record (5) A justice of the peace may issue a warrant for access to a record to the Public Guardian and Trustee if satisfied that, (a) the Public Guardian and Trustee is entitled to access to the record under this section; and (b) the Public Guardian and Trustee has been refused access to the record, or has been refused copies and has been refused permission to remove the record for copying.  1992, c. 30, s. 83 (5). Authority conferred by warrant (6) The warrant authorizes the Public Guardian and Trustee to, (a) inspect the record specified in the warrant, between 9 a.m. and 4 p.m. or during the hours specified in the warrant, subject to paragraph 2 of subsection (4); (b) make copies or extracts from the record in any manner that does not damage the record; and (c) remove the record, subject to paragraphs 7 and 8 of subsection (4).  1992, c. 30, s. 83 (6). Duration of warrant (7) The warrant is valid for seven days.  1992, c. 30, s. 83 (7). Execution (8) The Public Guardian and Trustee may call on a police officer for assistance in executing the warrant.  1992, c. 30, s. 83 (8). Notice of access (9) If the Public Guardian and Trustee obtains access to one or more records under this section, the Public Guardian and Trustee shall, unless it is not appropriate in the circumstances, notify the person who is alleged to be incapable as soon as reasonably possible that, (a) an allegation was made that the person is incapable of managing property or incapable of personal care and that serious adverse effects are occurring or might occur as a result; (b) the Public Guardian and Trustee is investigating the allegation as required by this Act; and (c) the Public Guardian and Trustee has obtained access to one or more records under this section for the purposes of the investigation.  2009, c. 33, Sched. 2, s. 71 (9). Other acts (10) This section prevails over any other Act.  1992, c. 30, s. 83 (10). References to P.G.T. (11) A reference in this section to the Public Guardian and Trustee includes any person he or she designates for the purpose of this section.  1992, c. 30, s. 83 (11). Section Amendments with date in force (d/m/y) 1996, c. 2, s. 57 - 29/03/1996 2004, c. 3, Sched. A, s. 97 (1) - 01/11/2004 2009, c. 33, Sched. 2, s. 71 (8, 9) - 15/12/2009 2021, c. 4, Sched. 8, s. 2 (1-3) - 19/04/2021