MHHS · Consumer Protection Act
Part 14 — Remedies and Enforcement
146 Order compelling assistance in inspections
inspection to determine if there is compliance with this Act and the
regulations, the Director may apply to the Court of King's Bench
for an order
(a) compelling a regulated perso n or an employee or agent of a
regulated person to allow an inspector to enter the business
premises, private dwelling or other place occupied or
controlled by the regulated person, employee or agent;
(a.1) requiring a regulated person, employee or agent to produ ce
for the inspector's examination books, records, documents
or other things relevant to the inspection;
(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 regulated person or an employee or agent of a
regulated person to co-operate with the inspection 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
inspection, 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) the inspection is reasonable,
(b) the regulated person or agent or employee of the regulated
person has not co-operated or likely will not co-operate with
the investigation, and
(c) the order is appropri ate in the circumstances.
(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.
RSA 2000
(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
inspection 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) If in the course of an inspection under this section reasonable
grounds are found to indicate that a person has committed an
offence under this Act or the regulations, the inspection may be
discontinued and an investigation under section 147 may be
commenced.
(7) 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 regulated person than to the carrying on of the
activities of the regulated person.
(8) An order under subsection (1) applies to a regulated person or
an employee or agent of a regulated person 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 regulated person.
RSA 2000 cF-2 s146;2005 c9 s50;2009 c53 s64;
AR 217/2022