16 PART XV ADMINISTRATION AND ENFORCEMENT

Duties of Minister

227. The Minister shall,

(a) monitor compliance with this Act;

(b) investigate cases of alleged failure to comply with this Act; and

(c) where the circumstances warrant, commence or cause to be commenced proceedings with respect to alleged failures to comply with this Act. 2006, c. 17 s. 227.

Delegation

228. The Minister may in writing delegate to any person any power or duty vested in the Minister under this Act, subject to the conditions set out in the delegation. 2006, c. 17 s. 228.

Investigators and inspectors

229. The Minister may appoint investigators for the purpose of investigating alleged offences and may appoint inspectors for the purposes of sections 224 and 225. 2006, c. 17 s. 229.

Inspections

230. (1) Subject to subsection (6), an inspector may, at all reasonable times and upon producing proper identification, enter any property for the purpose of carrying out his or her duty under this Act and may,

(a) require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the inspection;

(b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;

(c) require information from any person concerning a matter related to the inspection;

(d) be accompanied by a person who has special or expert knowledge in relation to the subject-matter of the inspection;

(e) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection; and

(f) order the landlord to take and supply at the landlord’s expense such tests and samples as are specified in the order. 2006, c. 17 s. 230 (1).

Samples

230. (2) The inspector shall divide the sample taken under clause (1) (e) into two parts and deliver one part to the person from whom the sample is taken, if the person so requests at the time the sample is taken and provides the necessary facilities. 2006, c. 17 s. 230 (2).

Same

230. (3) If an inspector takes a sample under clause (1) (e) and has not divided the sample into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken. 2006, c. 17 s. 230 (3).

Receipt

230. (4) An inspector shall provide a receipt for any documents or things removed under clause (1) (b) and shall promptly return them after the copies or extracts are made. 2006, c. 17 s. 230 (4).

Evidence

230. (5) Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as and have the same evidentiary value as the originals. 2006, c. 17 s. 230 (5).

Where warrant required

230. (6) Except under the authority of a warrant issued under section 231, an inspector shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a warrant. 2006, c. 17 s. 230 (6).

Not applicable to non-profit housing co-operatives

230. (7) This section does not authorize an inspection in respect of the rights and duties of non-profit housing co-operatives or members of non-profit housing co-operatives. 2013, c. 3 s. 52.

Warrant

231. (1) A provincial judge or justice of the peace may at any time issue a warrant authorizing a person named in the warrant to enter and search a building, receptacle or place if the provincial judge or justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that an offence has been committed under this Act and the entry and search will afford evidence relevant to the commission of the offence. 2006, c. 17 s. 231 (1).

Seizure

231. (2) In a warrant, the provincial judge or justice of the peace may authorize the person named in the warrant to seize anything that, based on reasonable grounds, will afford evidence relevant to the commission of the offence. 2006, c. 17 s. 231 (2).

Receipt and removal

231. (3) Anyone who seizes something under a warrant shall,

(a) give a receipt for the thing seized to the person from whom it was seized; and

(b) bring the thing seized before the provincial judge or justice of the peace issuing the warrant or another provincial judge or justice to be dealt with according to law. 2006, c. 17 s. 231 (3).

Expiry

231. (4) A warrant shall name the date upon which it expires, which shall be not later than 15 days after the warrant is issued. 2006, c. 17 s. 231 (4).

Time of execution

231. (5) A warrant shall be executed between 6 a.m. and 9 p.m. unless it provides otherwise. 2006, c. 17 s. 231 (5).

Other matters

231. (6) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications with respect to any thing seized under this section. 2006, c. 17 s. 231 (6).

Protection from personal liability

232. (1) No proceeding for damages shall be commenced against an investigator, an inspector, a member of the Board or a public servant employed under Part III of the Public Service of Ontario Act, 2006 for any act done in good faith in the performance or intended performance of any duty or in the exercise or intended exercise of any power under this Act or for any neglect or default in the performance or exercise in good faith of such a duty or power. 2013, c. 3 s. 53.

Crown liability

232. (2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject. 2006, c. 17 s. 232 (2).