CPA · Condominium Property Act
78.02 Inspection and investigation
maintained under this Act or the regulations must be available for
inspection by an inspector.
(2) An inspector may, at any reasonable time, enter the business
premises of a developer and inspect the operation and records and
documents of the developer for the purpose of determining whether
this Act or the regulations are being complied with.
(3) Where an inspector has reasonable grounds to believe that a
person has committed an offence under this Act or the regulations,
the inspector may, at any reasonable time, enter any premises, other
than a private dwelling place, to conduct an investigation.
(4) In carrying out an inspection or investigation an inspector may,
at any reasonable time,
(a) require any person to answer any relevant question and
direct the person to answer the question under oath,
(b) demand the production for examination of any records or
documents that are relevant to the inspection or
investigation,
(c) on giving a receipt for them, remove records and documents
that are relevant to the inspection or investigation for the
purpose of examining them and making copies of them, and
(d) make copies or take photographs of any record or document
removed under clause (c).
(5) If an inspector removes any records or documents during an
inspection or investigation, the inspector
RSA 2000
(a) shall give a receipt for the records or documents to the
person from whom they were taken, and
(b) shall return any records or documents within a reasonable
time after they have served the purposes for which they
were taken.
(6) On request, an inspector shall provide a copy of any records or
documents removed during an inspection or investigation to the
person from whom they were taken.
(7) A developer and any person working in the business premises
of a developer or in premises referred to in subsection (3) shall
co-operate with an inspector acting under the authority of this
section.
(8) A developer shall, at a location within Alberta, produce any
books, records, documents or other things requested by an
inspector that are relevant to determine if there is compliance with
the developer's duties under this Act and the regulations.
(9) The Director may apply to the Court for
(a) an order directing any person
(i) to produce to an inspector any records or documents
relevant to the inspection or investigation in the person's
possession or under the person's control, and
(ii) to give up possession of any record or document
described in subclause (i) to allow the inspector to take it
away to examine and copy it and to return it within a
reasonable time,
and
(b) an order directing any person to attend before the inspector
to answer any relevant inquiries the inspector may have
relating to the inspection or investigation.
(10) An application for an order under subsection (9) may be made
without notice if the Court is satisfied that it is proper to make the
order in the circumstances.
2014 c10 s53