Warrants - s. 36(1)

Subsection 36(1) provides that a justice of the peace may issue a warrant authorizing an employment standards officer to enter a premises on the same grounds as are set out s. 92(1) of the Employment Standards Act, 2000. These grounds are:

  • The officer has been prevented from exercising a right of entry;
  • The officer has been prevented from exercising any investigation or inspection power;
  • There are reasonable grounds to believe that the officer will be prevented from exercising a right of entry or exercising an investigation or inspection power; or
  • There are reasonable grounds to believe that an offence under the legislation or regulations has been or is being committed and that information or other evidence will be obtained through the exercise of an investigation or inspection power.

For a discussion of an officer's right of entry and investigation and inspection powers under the Employment Standards Act, 2000, see ESA Part XXI.

Requirements - s. 36(2)

This provision establishes that ss. 92(2) to (6) of the Employment Standards Act, 2000 apply to warrants. Those provisions deal with topics such as expiry of warrants, when warrants may be executed and access to police assistance in executing a warrant, and provide that ss. 91(4) to (13) of the Employment Standards Act, 2000 (which relate investigation and inspection powers) apply to an officer when executing a warrant. For a detailed discussion of ss. 92(2) to (6) see ESA Part XXI.