Section 35 – Investigation and inspection powers
Investigation and inspection powers - s. 35(1)
Subsection 35(1) provides that an employment standards officer may enter and inspect any place for the purposes of investigating a possible contravention or to perform an inspection to ensure the Employment Protection for Foreign Nationals Act, 2009 (EPFNA) is being complied with. Nothing in the provision limits the officer to a single visit in carrying out the investigation or inspection.
Note: there are limitations on this right of entry due to the incorporation of certain Employment Standards Act, 2000 provisions as set out in s. 35(2) below.
Requirements - s. 35(2)
This provision provides that ss. 91(2) to (10) of the Employment Standards Act, 2000 which deal with investigation and inspection powers under the Employment Standards Act, 2000, apply with respect to investigations and inspections under EPFNA. Subsection 91(2) limits an officer’s right to enter and inspect in the case of any part of a place used as a dwelling to instances in which the occupier of the dwelling consents or a warrant has been issued. Other provisions of s. 91 that apply to EPFNA investigations and inspections require officers to produce evidence of their appointment on request; address the examination, demand and removal of records; and provide that a copy of a record certified by an officer as a true copy has the same evidentiary value as the original. For a more detailed discussion of these provisions, see ESA Part XXI.