Residential Tenancies Act
Administration and Enforcement
Duties of Minister
227. The Minister shall,
(a) monitor compliance with this Act;
(b) investigate cases of alleged failure to comply with this Act; and
(c) where the circumstances warrant, commence or cause to be commenced
proceedings with respect to alleged failures to comply with this Act.
2006, c. 17, s. 227.
228. The Minister may in writing delegate to any person any power or duty vested
in the Minister under this Act, subject to the conditions set out in the delegation. 2006, c. 17, s. 228.
Investigators and inspectors
229. The Minister may appoint investigators for the purpose of investigating
alleged offences and may appoint inspectors for the purposes of sections 224 and 225. 2006, c. 17, s. 229.
230. (1) Subject to subsection (6), an inspector may, at all reasonable times and
upon producing proper identification, enter any property for the purpose of carrying out his
or her duty under this Act and may,
(a) require the production for inspection of documents or things,
including drawings or specifications, that may be relevant to the inspection;
(b) inspect and remove documents or things relevant to the inspection
for the purpose of making copiesor extracts;
(c) require information from any person concerning a matter related
to the inspection;
(d) be accompanied by a person who has special or expert knowledge
in relation to the subject-matter of the inspection;
(e) alone or in conjunction with a person possessing special or
expert knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection; and
(f) order the landlord to take and supply at the landlordís expense
such tests and samples as are specified in the order.
2006, c. 17, s. 230 (1).
(2) The inspector shall divide the sample taken under clause (1) (e) into
two parts and deliver one part to the person from whom the sample is taken, if the person so
requests at the time the sample is taken and provides the necessary facilities. 2006, c. 17, s. 230 (2).
(3) If an inspector takes a sample under clause (1) (e) and has not divided the
sample into two parts, a copy of any report on the sample shall be given to the person
from whom the sample was taken. 2006, c. 17, s. 230 (3).
(4) An inspector shall provide a receipt for any documents or things removed under
clause (1) (b) and shall promptly return them after the copies or extracts are made. 2006, c. 17, s. 230 (4).
(5) Copies of or extracts from documents and things removed under this section and
certified as being true copies of or extracts from the originals by the person who made them
are admissible in evidence to the same extent as and have the same evidentiary value as the
originals. 2006, c. 17, s. 230 (5).
Where warrant required
(6) Except under the authority of a warrant issued under section 231, an inspector
shall not enter any room or place actually used as a dwelling without requesting and obtaining
the consent of the occupier, first having informed the occupier that the right of entry may be
refused and entry made only under the authority of a warrant. 2006, c. 17, s. 230 (6).
231. (1) A provincial judge or justice of the peace may at any time issue a warrant
authorizing a person named in the warrant to enter and search a building, receptacle or place
if the provincial judge or justice of the peace is satisfied by information on oath that
there are reasonable grounds to believe that an offence has been committed under this Act and
the entry and search will afford evidence relevant to the commission of the offence. 2006, c. 17, s. 231 (1).
(2) In a warrant, the provincial judge or justice of the peace may authorize the
person named in the warrant to seize anything that, based on reasonable grounds, will afford
evidence relevant to the commission of the offence. 2006, c. 17, s. 231 (2).
Receipt and removal
(3) Anyone who seizes something under a warrant shall,
(a) give a receipt for the thing seized to the person from whom
it was seized; and
(b) bring the thing seized before the provincial judge or
justice of the peace issuing the warrant or another provincial judge or
justice to be dealt with according to law.
2006, c. 17, s. 231 (3).
(4) A warrant shall name the date upon which it expires, which shall be not later
than 15 days after the warrant is issued. 2006, c. 17, s. 231 (4).
Time of execution
(5) A warrant shall be executed between 6 a.m. and 9 p.m. unless it provides
otherwise. 2006, c. 17, s. 231 (5).
(6) Sections 159 and 160 of the Provincial Offences Act apply
with necessary modifications with respect to any thing seized under this section. 2006, c. 17, s. 231 (6).
Protection from personal liability
232. (1) No proceeding for damages shall be commenced against an investigator, an
inspector, a member of the Board, a
for the Board or an officer or employee of the
Ministry or the Board for any act done in good faith in the performance or intended
performance of any duty or in the exercise or intended exercise of any power under this
Act or for any neglect or default in the performance or exercise
in good faith of such a duty or power. 2006, c. 17, s. 232 (1).
(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act,
subsection (1) does not relieve the Crown of any liability to
which it would otherwise be subject. 2006, c. 17, s. 232 (2).
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