Part 4 — Compliance and Enforcement
22 Court order to enable inspection of unlicensed facilities, etc.
(a) the inspector reasonably be lieves that the operator of a
facility, accommodation or establishment may be required
to hold a licence under this Act and an inspection under
section 20(1)(a) is required to determine whether that is the
case,
(b) anyone prevents the inspector from entering a facility,
accommodation or establishment and carrying out an
inspection under section 20(1)(a) that has been authorized
by an order made under subsection (2)(a),
(c) anyone prevents the inspector from carrying out an
inspection of the records of a facility, accommodation or
establishment under section 20(1)(b),
(d) a resident of a facility, acco mmodation or establishment or
the resident's legal representative refuses consent or consent
cannot reasonably be obtained for the purposes of section
20(3) or (4) with respect to an inspection that has been
authorized by an order made under subsection (2)(a), or
(e) anyone obstructs or hinders th e inspector in the exercise of
the powers referred to in section 20(5) with respect to an
inspection under section 20(1)(a) that has been authorized
by an order made under subsection (2)(a) or an inspection
under section 20(1)(b).
(2) A judge of the Court may,
(a) in respect of an application made under subsection (1)(a),
make an order authorizing an inspection under section
20(1)(a) to determine whether the facility, accommodation
or establishment is required to be licensed under this Act
and make any other order that the judge considers necessary
to permit the inspector to enter the facility, accommodation
or establishment and carry out an inspection,
(b) in respect of an application made under subsection (1)(b) or
(e), make any order that the judge considers necessary to
permit the inspector to enter the facility, accommodation or
establishment and carry out an inspection of the records of
the facility, accommodation or establishment under section
20(1)(a),
(c) in respect of an application made under subsection (1)(c) or
(e), make any order that the judge considers necessary to
permit an inspector to carry out an inspection of the records
of the facility, accommodation or establishment under
section 20(1)(b), and
(d) in respect of an application made under subsection (1)(d), if
the judge is satisfied that the health, well-being or safety of
a resident or residents requires the inspector to enter a
private area reserved for the exclusive use of a resident of a
facility, accommodation or establishment or a shared room
in which such a private area is located, make any order that
the judge considers necessary to permit the inspector to
enter the area or room and carry out an inspection under
section 20(1)(a).
(3) An application referred to in subsection (1) may be made
without notice if the Court considers it appropriate in the
circumstances.