Part 2 — Civil Enforcement Agencies and Bailiffs
14 Complaints
(a) receives a complaint with r espect to any matter concerning
(i) civil enforcemen t proceedings or any proceedings that
are purported to be civil enforcement proceedings,
(ii) the actions or conduct of an agency, any employee or
officer of an agency or a bailiff, or
(iii) the actions or conduct o f any person who is not an
agency or a bailiff but is or appears to be involved in
carrying out civil enforcement proceedings or any
proceedings that are purported to be civil enforcement
proceedings,
or
(b) has reasonable ground s for believing that
(i) civil enforcemen t proceedings are not being carried out
in accordance with this or any other enactment,
(ii) the actions or conduct of any agency, any employee or
officer of an agency or a bailiff are not being carried out
in accordance with this or any other enactment, or
(iii) any agreement between an a gency and the Crown is not
being complied with,
the sheriff may investigate the matter.
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(2) Subject to subsection (3), for the purposes of carrying out an
investigation under this section,
(a) the sheriff or a person acting under the sheriff's direction
may enter any premises or location, unless entry to the
premises or location is refused by the occupant of the
premises or location, and may do one or more of the
following:
(i) inspect
(A) the premises or location, and
(B) any record, object or thing relating to the matter
being investigated;
(ii) make copies or take photographs of any record, object or
thing referred to in subclause (i)(B) or remove it for the
purpose of making copies or taking photographs;
(iii) make inquiries of a ny person in respect of
(A) any record, object or thing referred to in subclause
(i)(B), and
(B) any action taken or carried out by an agency, an
employee or officer of an agency, a bailiff or other
person involved in civil enforcement proceedings or
proceedings purported to be civil enforcement
proceedings;
(b) notwithstanding clause (a), the sheriff or a person acting
under the sheriff's direction shall not enter a residence
without the permission of an adult resident of that residence
unless otherwise authorized by the Court;
(c) if the sheriff or a person acting under the sheriff's direction
removes any record, object or thing under clause (a)(ii), that
person must
(i) give to the person from whom the items were taken a
receipt for the items, and
(ii) as soon as practicable ret urn the items to the person from
whom they were taken when they have served the
purposes for which they were taken.
(3) In carrying out an investigation under this section concerning
the actions or conduct of any person who is not an agency, an
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employee or officer of an agency or a bailiff, the sheriff shall only
exercise the powers permitted under subsection (2)
(a) with the permission of that person, or
(b) pursuant to an order of the Court.
(4) Where the sheriff or a person acting under the sheriff's
direction has gained lawful entry to premises or a location, a person
shall not impede the sheriff or a person acting under the sheriff's
direction in the carrying out of any duty or function under this
section.
(5) If the sheriff or a person acting under the sheriff's direction
(a) is refused entry to a ny premises or location,
(b) has reasonable expectation that entry to any premises or
location will be refused,
(c) is impeded in any manner from carrying out a duty or
function under this section, or
(d) has reasonable grounds to believe that the carrying out of a
duty or function under this section may be impeded,
the sheriff may apply to the Court for an order authorizing entry
into the premises or location and restraining any person from
impeding the carrying out of any duty or function under this
section.
(6) Where the sheriff carries out an investigation under this
section, the sheriff may, for the purpose of ensuring that this or any
other enactment respecting civil enforcement proceedings is being
complied with or any agreement between an agency and the Crown
is being complied with, issue written directions
(a) directing a person to co mply with this or any other
enactment;
(b) directing a person to comply with any agreement entered
into between that person and the Crown under this Act or in
respect of civil enforcement proceedings;
(c) governing the carryin g out of civil enforcement
proceedings;
(d) requiring a person to adop t certain practices or other
procedures;
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(e) prohibiting a person from carrying out civil enforcement
proceedings or certain practices or procedures respecting
civil enforcement proceedings.
(7) Where written directions are issued by the sheriff under
subsection (6) and
(a) the person to whom the writte n directions are given does not
comply with the directions or any portion of the directions,
the sheriff may apply to the Court for an order directing the
person to comply with the written directions, or
(b) the person to whom the wr itten directions are issued wishes
to dispute the written directions, the person may apply to the
Court for a review of the written directions and an order
rescinding or varying the written directions.
(8) With respect to matters coming under this section, nothing in
this section shall be construed so as to limit the exercise by the
sheriff of any rights or powers given to the sheriff pursuant to an
agreement entered into under section 9 respecting access to and the
search of premises or a location and the seizure of any property.
1994 cC-10.5 s14