Part 14 — Remedies and Enforcement
148 Order compelling assistance in investigations
committed under this Act or the regulations, the Director may
apply to the Court of King's Bench for an order
(a) compelling a person to allow an inspector to enter the
person's business premises, private dwelling or other place
occupied or controlled by the person;
(a.1) requiring a person to produce for the inspector's
examination the person's books, records, documents or
other things relevant to the investigation;
(b) authorizing the inspector to copy or remove the books,
records, documents or other things on any terms that the
Court considers appropriate;
(c) requiring a person to co-operate with the investigation on
any terms that the Court considers appropriate;
(d) authorizing the inspector, i f charges are laid or a formal
administrative process is commenced as a result of the
investigation, to retain books, records, documents or other
things until the charges have been formally disposed of or
the administrative process has been concluded.
(2) The Court of King's Bench may grant an order under
subsection (1) if satisfied on evidence under oath by the Director
that there are reasonable grounds to believe that
(a) an offence under this Act or the regulations has been
committed, and
(b) the order is appropri ate in the circumstances.
RSA 2000
(3) An application under this section may be made ex parte unless
in the opinion of the Court of King's Bench it would be improper
to do so.
(4) No force may be used in enforcing an order granted under this
section unless a person identified in the order is specifically
authorized to use force.
(5) A copy of a document seized under an order granted under
subsection (1) and certified by the person who conducted the
investigation to be a true copy of the original document is
admissible in evidence without proof of the signature or
appointment of the person who signed the certificate and, in the
absence of evidence to the contrary, the copy has the same
probative force as the original.
(6) An order under subsection (1) applies to a person under
investigation and may also apply to third parties such as
accountants or other persons who have possession or control of
books, records or documents relating to the activities of the person
under investigation.
(7) The following persons may apply to the Court of King's Bench
for an order varying or cancelling an order under subsection (1):
( a ) a p e r s o n t o w h o m the order is directed;
(b) a person under investigation who is named in the order;
(c) a person other than one referred to in clauses (a) and (b)
who is otherwise affected by the order.
(8) On an application under subsection (7), the Court of King's
Bench may vary or cancel an order on any terms or conditions the
Court considers just, if the Court finds that
(a) all or a part of the order is not required for the protect ion of
persons who are dealing with a person under investigation
named in the order, or
(b) one or more affected persons are unduly prejudiced by the
order.
(9) In an application under this section, the Court of King's Bench
shall give greater weight to the protection of persons who are
dealing with a person under investigation than to the carrying on of
the activities of the person under investigation.
RSA 2000 cF-2 s148;2005 c9 s51;2009 c53 s64;
AR 217/2022
RSA 2000