Contract Compliance Monitoring

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CONTRACT COMPLIANCE
MONITORING

57.3 (1) Contract Compliance Monitoring- The Minister may designate one or more employees of the Ministry as contract compliance managers to monitor the provision of correctional services by contractors pursuant to contracts or agreements entered into under subsection 8 (4) or (5). 2000, c. 40, s. 14.
(2) Inspection - For the purpose of determining whether a contract or agreement is being complied with or whether this Act or an Act of the Parliament of Canada that relates to correctional services is being complied with, the Minister, a contract compliance manager or any other person authorized for the purpose by the Minister may without a warrant enter and inspect,
(a)	a correctional institution or youth facility that is operated or maintained by a contractor, at any time; and
(b)	any place, other than a correctional institution or youth facility, where the contractor keeps documents or things relevant to the inspection, during normal business hours.
(3) Identification - A person conducting an inspection, other than the Minister, shall produce, on request, evidence of his or her designation as a contract compliance manager or of his or her authorization under subsection (2). 2000, c. 40, s. 14.
(4) Dwellings - No person conducting an inspection under this section may enter a place described in clause (2) (b) that is also a dwelling without the consent of the occupier or without first obtaining and producing a warrant. 2000, c. 40, s. 14.
(5) Powers on Inspection - A person conducting an inspection may,
(a)	examine any document or thing that is relevant to the inspection;
(b)	demand the production for inspection of any document or thing that is relevant to the inspection;
(c)	remove for review and copying any document or thing that is relevant to the inspection;
(d)	in order to produce a document in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the correctional institution;
(e)	conduct tests or take samples of any thing that is relevant to the inspection; and
(f)	question an employee of the contractor, an inmate of the correctional institution or a young person confined in the youth facility on matters relevant to the inspection, subject to the person's right to have counsel or another representative present during the questioning.
(6) Written Demand - A demand that a document or other thing be produced for inspection must be in writing and must include a statement of the nature of the document or thing required. 2000, c. 40, s. 14.
(7) Obligation to Produce and Assist - If a person conducting an inspection demands that a document or thing be produced for inspection, the person who has custody of the document or thing shall produce it and, in the case of a document, shall on request provide any assistance that is reasonably necessary to interpret the document or to produce it in a readable form. 2000, c. 40, s. 14.
(8) Documents and Things Removed from Place - A document or thing that has been removed for review and copying,
(a)	shall be made available to the person from whom it was removed, for review and copying, on request and at a time and place that are convenient for the person and for the person conducting the inspection; and
(b)	shall be returned to the person within a reasonable time. 2000, c. 40, s. 14.
(9) Copy Admissible in Evidence - A copy of a document that purports to be certified by a person conducting an inspection as being a true copy of the original is admissible in evidence to the same extent as the original, and has the same evidentiary value. 2000, c. 40, s. 14.
(10) Contractor to Provide Unrestricted Access - A contractor shall provide unrestricted access to the Minister, a contract compliance manager and any other person authorized for the purpose of conducting inspections by the Minister to,
(a)	a correctional institution or youth facility that is operated or maintained by the contractor;
(b)	persons employed by the contractor in connection with the provision of correctional services by the contractor;
(c)	inmates of the correctional institution;
(c.1)	young persons confined in the youth facility; and
(d)	documents or things in the possession or control of the contractor and relating to the provision of correctional services by the contractor. 2000, c. 40, s. 14.
(11) Warrant - If a justice of the peace is satisfied on information on oath that entry to a place described in clause (2) (a) or (b) has been denied or will be denied, the justice of the peace may issue a warrant authorizing the Minister, a contract compliance manager or any other person designated by the Minister and named in the warrant to enter premises specified in clause (2) (a) or (b) and to do anything described in subsection (5). 2000, c. 40, s. 14.
(12) Same - A warrant issued under subsection (11) shall name the date on which it expires, which shall not be later than 15 days after its issue and may be executed only between 6 a.m. and 9 p.m. unless the warrant specifies otherwise. 2000, c. 40, s. 14.
(13) Obstruction - No person shall hinder, obstruct or interfere with a person conducting an inspection under this section, refuse to answer questions on matters relevant to the inspection or provide the inspector with information, on matters relevant to the inspection, that the person knows to be false or misleading. 2000, c. 40, s. 14.
(14) Offence - Every person who contravenes subsection (13) is guilty of an offence and on conviction is liable to a fine of not more than $5,000. 2000, c. 40, s. 14.
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