Part 4 — Compliance and Enforcement
19 Inspections of continuing care homes, etc.
regulations, a specified measures order, a stop order or a condition
of a licence, an inspector may
(a) subject to subsections (2) and (4), enter and inspect a
continuing care home, supportive living accommodation or
home and community care office at any reasonable time, or
(b) inspect the records of a continuing care home operator,
supportive living accommodation operator or home and
community care provider without entering the continuing
care home, supportive living accommodation or home and
community care office.
(2) Subject to subsection (3), before entering any private area
reserved for the exclusive use of a resident of a continuing care
home or supportive living accommodation 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 21.
(3) If a private area referred to in subsection (2) is located in a
room that a resident shares with one or more other residents,
consent must be obtained under subsection (2)(a) from each
resident or resident's legal representative.
(4) Before entering a private dwelling in which a home and
community care office is located in order to carry out an inspection
under subsection (1)(a), an inspector shall obtain
(a) the consent of the occupant of the private dwelling, or
(b) an order of the Court under section 21.
(5) In carrying out an inspection under subsection (1)(a), an
inspector may
(a) require the continuing care home operator, supportive living
accommodation operator or home and community care
provider to produce any records that are relevant to the
inspection relating to
(i) its provision of facility-based care, supportive living
services or home and community care,
(ii) its operation of the continuing care home or supportive
living accommodation, or
(iii) the residents of the continuing care home or supportive
living accommodation or individuals to whom home and
community care is provided,
(b) examine, make copies of, remove temporarily for the
purpose of making copies or require the operator or provider
to make copies of any records referred to in clause (a),
(c) inspect and take samples of any material, food or equipment
that is relevant to the inspection and that is
(i) used or found in a continuing care home or supportive
living accommodation, or
(ii) used in the provision of home and community care by
the home and community care provider or found in the
home and community care office,
(d) perform tests, take photographs or make recordings that are
relevant to the inspection, and
(e) interview any person with respect to matters that are
relevant to the inspection.
(6) In carrying out an inspection under subsection (1)(b), an
inspector may
(a) require the continuing care home operator, supportive living
accommodation operator or home and community care
provider to produce any records that are relevant to the
inspection relating to
(i) its provision of facility-based care, supportive living
services or home and community care,
(ii) its operation of the continuing care home or supportive
living accommodation, or
(iii) the residents of the continuing care home or supportive
living accommodation or individuals to whom home and
community care is provided,
and
(b) make copies or require the operator or provider to make
copies of any records referred to in clause (a).
(7) When an inspector removes any records under subsection
(5)(b) or when original records are produced to an inspector under
subsection (6)(a), the inspector shall
(a) give a receipt for those records to the continuing care home
operator, supportive living accommodation operator or
home and community care provider from which the records
were taken, and
(b) promptly return the records to the continuing care home
operator, supportive living accommodation operator or
home and community care provider from which they were
taken or that produced the records when the records have
served the purpose for which they were taken.
(8) When an inspector takes samples of any material, food or
equipment under subsection (5)(c), the inspector shall
(a) give a receipt for those samples to the continuing care home
operator, supportive living accommodation operator or
home and community care provider from which the samples
were taken, and
(b) on the request of the continuing care home operator,
supportive living accommodation operator or home and
community care provider from which the samples were
taken and where it is reasonable to do so, promptly return
the samples to the operator or provider when they have
served the purpose for which they were taken.
(9) In carrying out an inspection under subsection (1)(a), an
inspector may access electronic data processing equipment at or in
respect of the continuing care home, supportive living
accommodation or home and community care office under
inspection.
(10) An inspector shall inform the director and the continuing care
home operator, supportive living accommodation operator or home
and community care provider under inspection of the results of the
inspection.