Part 4 — Compliance and Enforcement
20 Inspections of unlicensed facilities, etc.
accommodation or establishment is subject to this Act, an inspector
may
(a) subject to subsection (2), enter and inspect a facility,
accommodation or establishment at any reasonable time, or
(b) inspect the records of an operator of a facility,
accommodation or establishment without entering the
facility, accommodation or establishment.
(2) Before entering a facility, accommodation or establishment to
carry out an inspection under subsection (1)(a), an inspector shall
obtain an order of the Court under section 22.
(3) Subject to subsection (4), before entering any private area
reserved for the exclusive use of a resident of a facility,
accommodation or establishment in order to carry out an inspection
under subsection (1)(a), an inspector shall obtain
(a) the consent of the resident or the resident's legal
representative, or
(b) an order of the Court under section 22.
(4) If a private area referred to in subsection (3) is located in a
room that a resident shares with one or more other residents,
consent must be obtained under subsection (3)(a) from each
resident or resident's legal representative.
(5) In carrying out an inspection under this section, an inspector
may
(a) require the operator of the facility, accommodation or
establishment to produce any records that are relevant to the
inspection relating to
(i) its provision of care or services,
(ii) its operation of the facility, accommodation or
establishment, or
(iii) the residents of the facility, accommodation or
establishment,
(b) examine, make copies of, remove temporarily for the
purpose of making copies or require the operator to make
copies of any records referred to in clause (a), and
(c) interview any person with respect to matters that are
relevant to the inspection.
(6) When an inspector removes any records or when original
records are produced to an inspector, the inspector shall
(a) give a receipt for those records to the operator of the facility,
accommodation or establishment from which the records
were taken, and
(b) promptly return the records to the operator of the facility,
accommodation or establishment from which they were
taken or that produced the records when the records have
served the purpose for which they were taken.
(7) An inspector shall inform the director and the operator of the
facility, accommodation or establishment under inspection of the
results of the inspection.