Inspectors
4. (1) The Director may appoint inspectors to carry out such duties as may be assigned to them by this Act or the regulations. R.S.O. 1990, c. T.6, s. 4 (1); 1998, c. 18, Sched. E, s. 271. Powers and duty (2) It is the duty of an inspector and the inspector has power, (a) to inspect, at reasonable times, theatres, any other premises where film is exhibited and business premises occupied by film exchanges to ensure that this Act and the regulations are complied with; (b) Repealed: 2000, c. 26, Sched. B, s. 19 (5). (c) by written order, to prohibit the use or exhibition of any film that the inspector believes, on reasonable and probable grounds, is not safe to use or exhibit; (d) by written order, to prohibit the use of a projector that the inspector believes, on reasonable and probable grounds, was operated contrary to this Act or the regulations; (e) subject to subsection (5), in the performance of a duty, to enter any theatre or other premises in which film is exhibited or that is occupied by a film exchange. R.S.O. 1990, c. T.6, s. 4 (2); 2000, c. 26, Sched. B, s. 19 (5). Order to hand over (3) Where, on reasonable and probable grounds, an inspector believes that a projector was operated or a film or advertising was exhibited, used or offered for distribution contrary to this Act or the regulations, the inspector may, by written order, direct that the projector, film or advertising, as the case may be, be turned over to the inspector. R.S.O. 1990, c. T.6, s. 4 (3). Order to retain (4) Where an order under subsection (3) is not complied with immediately, the inspector may, by written order, direct that the subject-matter of the order not be removed from the premises, destroyed or altered in any manner for a period of ten days except under lawful authority. R.S.O. 1990, c. T.6, s. 4 (4). Power to enter restricted (5) The powers set out in clauses (2) (a) and (e) do not permit an inspector, (a) to enter any place actually being used as a dwelling without the consent of the occupier; or (b) to use force in the exercise of a power of entry and inspection, except under the authority of a warrant. R.S.O. 1990, c. T.6, s. 4 (5). Warrant (6) Where, upon an application made without notice by an inspector, a justice of the peace is satisfied by information, under oath, (a) that there is reasonable ground for believing that it is necessary to enter a particular building or premises for the administration of this Act or the regulations and, (i) a reasonable, unsuccessful effort to effect entry without the use of force has been made, or (ii) there is reasonable ground for belief that entry would be denied without a warrant; or (b) that an order issued under subsection (3) has not been complied with, the justice of the peace may issue a warrant authorizing an inspector, with such police officers as are required to assist, to enter the building premises and to take any action that an inspector may take under this Act and to remove and hold any projector that the inspector believes, on reasonable and probable grounds, was operated or any film or advertising that the inspector believes, on reasonable or probable grounds, was exhibited, used or offered for distribution contrary to this Act or the regulations, and to use such force as may be necessary. R.S.O. 1990, c. T.6, s. 4 (6). Idem (7) A justice of the peace shall not issue a warrant under subsection (6) to enter any place actually being used as a dwelling unless the inspector satisfies the justice of the peace, under oath, that he or she has reasonable grounds to believe the place is used as a business premises occupied by a film exchange. R.S.O. 1990, c. T.6, s. 4 (7). Limitation (8) An entry under a warrant may be made only between sunrise and sunset unless the warrant specifies otherwise. R.S.O. 1990, c. T.6, s. 4 (8). Identification (9) The Deputy Minister of Consumer and Business Services shall issue a certificate of appointment to every inspector appointed under this Act which certificate shall contain a photograph of the inspector. R.S.O. 1990, c. T.6, s. 4 (9); 2001, c. 9, Sched. D, s. 13. Idem (10) Every inspector, while exercising any powers or performing any duties under this Act, shall produce a certificate of appointment upon request. R.S.O. 1990, c. T.6, s. 4 (10).