s.44 — Tribunal inquiry

44 (1) At the request of a party to an application under this Part, the Tribunal may appoint a person to conduct an inquiry under this section if the Tribunal is satisfied that, (a) an inquiry is required in order to obtain evidence; (b) the evidence obtained may assist in achieving a fair, just and expeditious resolution of the merits of the application; and (c) it is appropriate to do so in the circumstances. (2) A person conducting an inquiry under this section shall produce proof of their appointment upon request. (3) A person conducting an inquiry under this section may, without warrant, enter any lands or any building, structure or premises where the person has reason to believe there may be evidence relevant to the application. (4) The power to enter a place under subsection (3) may be exercised only during the place’s regular business hours or, if it does not have regular business hours, during daylight hours. (5) A person conducting an inquiry shall not enter into a place or part of a place that is a dwelling without the consent of the occupant. (6) A person conducting an inquiry may, (a) request the production for inspection and examination of documents or things that are or may be relevant to the inquiry; (b) upon giving a receipt for it, remove from a place documents produced in response to a request under clause (a) for the purpose of making copies or extracts; (c) question a person on matters that are or may be relevant to the inquiry, subject to the person’s right to have counsel or a personal representative present during such questioning and exclude from the questioning any person who may be adverse in interest to the inquiry; (d) use any data storage, processing or retrieval device or system used in carrying on business in the place in order to produce a document in readable form; (e) take measurements or record by any means the physical dimensions of a place; (f) take photographs, video recordings or other visual or audio recordings of the interior or exterior of a place; and (g) require that a place or part thereof not be disturbed for a reasonable period of time for the purposes of carrying out an examination, inquiry or test. (7) A demand that a document or thing be produced must be in writing and must include a statement of the nature of the document or thing required. (8) A person conducting an inquiry may be accompanied by any person who has special, expert or professional knowledge and who may be of assistance in carrying out the inquiry. (9) A person conducting an inquiry shall not use force to enter and search premises under this section. (10) A person who is requested to produce a document or thing under clause (6) (a) shall produce it and shall, on request by the person conducting the inquiry, provide any assistance that is reasonably necessary, including assistance in using any data storage, processing or retrieval device or system, to produce a document in readable form. (11) A person conducting an inquiry who removes any document or thing from a place under clause (6) (b) shall, (a) make it available to the person from whom it was removed, on request, at a time and place convenient for both that person and the person conducting the inquiry; and (b) return it to the person from whom it was removed within a reasonable time. (12) A copy of a document certified by a person conducting an inquiry to be a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value. (13) No person shall obstruct or interfere with a person conducting an inquiry under this section. (14) A person conducting an inquiry shall prepare a report and submit it to the Tribunal and the parties to the application that gave rise to the inquiry in accordance with the Tribunal rules. (15) The Commission may, at the request of the Tribunal, appoint a person to conduct an inquiry under this section and the person so appointed has all of the powers of a person appointed by the Tribunal under this section and shall report to the Tribunal in accordance with subsection (14).