Part 4 — Compliance and Enforcement
21 Court order to enable inspection of continuing care homes, etc.
(a) anyone prevents the inspect or from entering and carrying
out an inspection of a continuing care home, supportive
living accommodation or home and community care office
under section 19(1)(a),
(b) anyone prevents the inspector from carrying out an
inspection of the records of a continuing care home,
supportive living accommodation operator or home and
community care provider under section 19(1)(b),
(c) a resident of a continuing care home or supportive living
accommodation or the resident's legal representative refuses
consent or consent cannot reasonably be obtained for the
purposes of section 19(2) or (3),
(d) the occupant of a private dwelling in which a home and
community care office is located refuses consent or consent
cannot reasonably be obtained for the purposes of section
19(4), or
(e) anyone obstructs or hinders th e inspector in the exercise of
the powers referred to in section 19(5) or (6).
(2) A judge of the Court may,
(a) in respect of an application made under subsection (1)(a) or
(e), make any order that the judge considers necessary to
permit the inspector to enter the continuing care home,
supportive living accommodation or home and community
care office and carry out an inspection,
(b) in respect of an application made under subsection (1)(b),
make any order that the judge considers necessary to permit
an inspector to carry out an inspection of the records of the
continuing care home, supportive living accommodation or
home and community care office,
(c) in respect of an application made under subsection (1)(c), 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
continuing care home or supportive living accommodation
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, 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
an individual or individuals to whom home and community
care is provided requires the inspector to enter a private
dwelling in which the home and community care office of
the home and community care provider is located, make any
order that the judge considers necessary to permit the
inspector to enter the private dwelling and carry out an
inspection.
(3) An application referred to in subsection (1) may be made
without notice if the Court considers it appropriate in the
circumstances.