PART XI ADMINISTRATION — Powers of entry, interview and inspection
64
(1) The director, and an officer or inspector appointed under section 61, may, at reasonable times upon production of evidence of identity, enter upon the premises of an employer where it is reasonably necessary to determine compliance with this Act
64(a)
to inspect and examine, and take for the purpose of making copies of the records required to be kept under section 63 or a part of those records, as well as books of account and other documents and records maintained by the employer, and to make those copies; and
64(b)
without interfering with employees in the performance of their duties for the employer to interview the employees working within the premises entered for the purpose of obtaining facts or information concerning an employee of the employer.
64(2)
Where the director believes on reasonable grounds that a person has contravened this Act or regulations, the director or an officer or inspector appointed under section 61 may with a warrant issued under subsection (3) at a reasonable time enter upon the premises of an employer and may investigate, inquire into and examine the affairs of the person in respect of whom the investigation is being made and into the books, documents, correspondence and records in relation to the person.
64(3)
A Provincial Court judge who is satisfied by information upon oath or affirmation that there are reasonable grounds for believing that there is on the premises of an employer anything that there are reasonable grounds to believe will give evidence with respect to an offence under this Act may issue a warrant authorizing the director or an officer or inspector, appointed under section 61, named in the warrant to enter and search those premises and to make those inquiries and copies of books, documents, correspondence and records that are considered necessary, subject to those conditions that may be specified in the warrant.
64(4)
The owner or person in charge of the premises referred to in this section and a person found there shall give the person named in the warrant reasonable help to enable the person named in the warrant to carry out the duties and functions under this section and shall provide the information that the person named in the warrant may reasonably require.
64(5)
Where an action or proceeding is taken against the director or an officer or inspector appointed or designated under this Act for anything done under this Act or the regulations, a verdict or judgment shall not be given against the director, officer or inspector where the court before which the action or proceeding is taken is satisfied that there was probable cause for the action of the director, officer or inspector and that it was not malicious.
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