Examination and inspection Sect. 7.3

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Examination and inspection Sect. 7.3

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Examination and inspection

7.3 (1) The Minister may appoint one or more employees of the Government of Ontario as IRP inspectors. 2002, c. 22, s. 98.

Identification


(2) An IRP inspector conducting an examination and inspection shall produce, on request, evidence of his or her appointment. 2002, c. 22, s. 98.

Powers

(3) For any purpose related to the administration or enforcement of the International Registration Plan, an IRP inspector may, at any reasonable time, enter any place where activities related to an IRP cab card holder’s operation of commercial motor vehicles are carried on or where anything is kept or done in connection with such operation or any records are kept under this Part. 2002, c. 22, s. 98.

Same

(4) An IRP inspector may conduct an examination and inspection at the place entered under subsection (3) and for such purpose may,

(a) examine and inspect a record or other thing that may be relevant to the examination and inspection;

(b) require the production of a record or other thing that the IRP inspector thinks may be relevant to the examination and inspection;

(c) remove for examination, inspection or copying any record or other thing that the IRP inspector thinks may be relevant to the examination and inspection;

(d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place and require any person, including the IRP cab card holder, any partner, director, officer, agent, representative or employee of the holder, any driver engaged by the holder or any person at the place, to give the IRP inspector all reasonable assistance in using them;

(e) require any person, including the IRP cab card holder, any partner, director, officer, agent, representative or employee of the holder, any driver engaged by the holder or any person at the place, to give the IRP inspector all reasonable assistance in the examination and inspection;

(f) question any person, including the IRP cab card holder, any partner, director, officer, agent, representative or employee of the holder, any driver engaged by the holder or any person at the place, on matters that the IRP inspector thinks may be relevant to the examination and inspection and require answers to be made orally or in writing;

(g) require any person, including the IRP cab card holder, any partner, director, officer, agent, representative or employee of the holder or any driver engaged by the holder, to attend at the place with the IRP inspector for the purpose of clause (d), (e) or (f). 2002, c. 22, s. 98.

Written demand for records

(5) An IRP inspector may at any time, for any purpose related to the administration or enforcement of the International Registration Plan, deliver a demand personally on an IRP cab card holder, any partner, director, officer, agent, representative or employee of the holder or any driver engaged by the holder, or mail a demand to such person at the latest address of the person appearing on the records of the Ministry, requiring that the person deliver to the IRP inspector, within the time specified in the demand, any record or other thing the production of which could be required under clause (4) (b). 2002, c. 22, s. 98.

Same

(6) A demand sent by mail shall be deemed to have been received on the fifth day after it was mailed, unless the person to whom the demand was mailed establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the demand. 2002, c. 22, s. 98.

Obligation to produce and assist

(7) If an IRP inspector requires that a record or other thing be produced under clause (4) (b) or delivered to him or her under subsection (5), the person upon whom the demand is made shall produce or deliver it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form. 2002, c. 22, s. 98.

Records and things removed

(8) An IRP inspector who removes a record or other thing under clause (4) (c) or to whom a record or other thing is delivered pursuant to a demand made under subsection (5) shall give a receipt for the record or thing and return the record or thing to the person who produced or delivered it within a reasonable time. 2002, c. 22, s. 98.

Powers to assist other IRP jurisdictions

(9) An IRP inspector, accompanied by an official from another jurisdiction that is a member of the International Registration Plan, may exercise his or her powers under this section for any purpose related to the administration or enforcement of the International Registration Plan by the other jurisdiction and subsections (2) and (3), clause (12) (c) and subsection (13) apply, with necessary modifications, to and in respect of an official from another jurisdiction accompanying an IRP inspector who is conducting an examination and inspection under this section. 2002, c. 22, s. 98.

Copies admissible in evidence

(10) A copy of a record that purports to be certified to be a true copy by the IRP inspector or other employee of the Government of Ontario who made the copy is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original record and its contents. 2002, c. 22, s. 98.

Same

(11) A copy made from an electronic record that purports to be certified by the IRP inspector or other employee of the Government of Ontario who made the copy to be a paper copy of the electronic record and to be a true and accurate representation of the electronic record or the information contained in the electronic record, is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original record and its contents. 2002, c. 22, s. 98.

Offence

(12) No person shall,

(a) fail to comply with a direction or requirement of an IRP inspector conducting an examination and inspection;

(b) give an IRP inspector conducting an examination and inspection information that the person knows to be false, deceptive or misleading; or

(c) obstruct or interfere with an IRP inspector in the performance of his or her duties under this section. 2002, c. 22, s. 98.

Penalty

(13) A person who contravenes subsection (12) is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both. 2002, c. 22, s. 98.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

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