38. (1) In this section,
"record" means any record of information, however recorded. 1998, c. 28, s. 38 (1).
Authorization of officials
(2) The Minister of Transportation may authorize such officials as he or she considers appropriate for the purpose of inspecting Highway 407 and carrying out an audit to ensure compliance with ministry safety standards. 1998, c. 28, s. 38 (2).
Powers
(3) For the purposes of carrying out his or her duties and powers under subsection (2), an official may,
(a) enter upon Highway 407 and the area immediately around it at any time without a warrant;
(b) take up or use any machine, device, article, thing, material or biological, chemical or physical agent or part thereof;
(c) in any inspection, examination, inquiry or test, be accompanied and assisted by or take with him or her any person or persons having special, expert or professional knowledge of any matter, take photographs, and take with him or her and use any equipment or materials required for such purpose;
(d) conduct or take tests of any equipment, machine, device, article, thing, material or biological, chemical or physical agent, and for such purposes, take and carry away such samples as may be necessary;
(e) require in writing the owner to cause any tests described in clause (d) to be conducted or taken, at the expense of the owner, by a person possessing such special, expert or professional knowledge or qualifications as are specified by the official, and to provide a report or assessment by that person. 1998, c. 28, s. 38 (3).
Same
(4) For the purposes of carrying out his or her duties and powers under subsection (2), an official may without a warrant but with the consent and subject to the direction of the Minister of Transportation,
(a) enter the offices of the owner, at any reasonable time;
(b) enter any place, other than a dwelling, at any reasonable time, if the official reasonably believes that it is likely to contain records relating to compliance by the owner with ministry safety standards;
(c) require the production of any record, and inspect, examine and copy the same; and
(d) upon giving a receipt, remove any record inspected or examined for the purpose of making copies or extracts, and upon making copies or extracts shall promptly return the original record to the person who produced or furnished it. 1998, c. 28, s. 38 (4).
Facilitation of inspection
(5) The owner shall facilitate an entry, inspection, examination, inquiry or test by an official acting under this section. 1998, c. 28, s. 38 (5).
Where no facilitation
(6) Where the owner fails to facilitate an official's entry, inspection, examination, inquiry or test, the Minister of Transportation may authorize whatever steps are necessary, other than the use of force, to ensure that the official is able to exercise his or her powers in a safe and prompt manner. 1998, c. 28, s. 38 (6).
Contravention
(7) An official who finds a contravention of any ministry safety standards with respect to Highway 407 shall notify the owner in writing of the contravention and the owner shall comply. 1998, c. 28, s. 38 (7).
Confidentiality
(8) Every official acting under this section shall preserve confidentiality with respect to all matters that come to his or her knowledge in the course of so acting, and shall not communicate any such matters to any other person except as may be required in connection with the administration of this Act, with the consent of the owner or as otherwise required by law. 1998, c. 28, s. 38 (8).