Section 98.13 — Immigration and Refugee Protection Regulations: Entry to verify compliance

Subject to subsection (7), when conducting an inspection in accordance with section 98.11 , an officer may, for the purpose of verifying that the organization or designated entity is in compliance with the relevant conditions, enter and inspect any premises or place in which business is conducted by the organization, the designated entity or a business that is the subject of a commitment. When on the premises or in the place the officer may ask any relevant questions of an employee or representative of the organization, designated entity or business that is the subject of a commitment; require from the organization, the designated entity or the business that is the subject of a commitment any relevant documents found in the premises or the place for examination; use copying equipment, or require that the organization, the designated entity or the business that is the subject of a commitment provide copies of those documents to be examined away from the premises or the place or, if it is not possible to make copies in the premises or the place, remove the relevant documents to make copies; take photographs and make video or audio recordings; examine anything in the premises or the place; require the organization, the designated entity or the business that is the subject of a commitment to use any computer or other electronic device in the premises or the place to allow the officer to examine any relevant document contained in or available to it;

and be accompanied or assisted in the premises or the place by any person required by the officer. An organization, entity, or a business that is the subject of a commitment, must, on request, provide an employee or representative to attend any inspection referred to in subsection (1), to give all reasonable assistance to the officer conducting that inspection and to provide that officer with any document or information that the officer requires. A failure to comply with an obligation under paragraph (2)(b), (c) or (f) or subsection (3) is justified if the organization, entity, or a business that is the subject of a commitment made all reasonable efforts to comply with the obligation or if the failure results from anything done or omitted to be done by them in good faith. An officer and any person accompanying the officer may enter on and pass through private property, other than a dwelling-house, to gain entry to the premises or the place. For greater certainty, they are not liable for doing so. A person may, at an officer’s request, accompany the officer to assist them to access the premises or the place. In the case of a dwelling-house, an officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (8). On ex parte application, a justice of the peace may issue a warrant authorizing an officer who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that the dwelling-house is a premises or place referred to in subsection (1); entry into the dwelling-house is necessary to verify compliance with the conditions set out in subsection 98.02 (3) or 98.03 (3), as the case may be; and entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.