Obstruction - s. 37(1)

This provision mirrors s. 91(11) of the Employment Standards Act, 2000 and prohibits any person from hindering, obstructing or interfering with an investigation or inspection being conducted by an employment standards officer.

Refusal or false or misleading information - s. 37(2)

This provision mirrors s. 91(12) of the Employment Standards Act, 2000 and prohibits a person from refusing to answer an employment standards officer’s questions or from providing false or misleading information to the officer.

Separate inquiries - s. 37(3)

This provision is similar to s. 91(13) of the Employment Standards Act, 2000 and ensures that an officer may interview a person separately from any other persons on matters the officer thinks may be relevant to the investigation or inspection; this is intended to help to prevent "tailoring" of evidence or intimidation of persons, by the presence of others, who may have evidence. Clause 91(6)(e) of the Employment Standards Act, 2000 gives an employment standards officer the right to question any person on matters relevant to an investigation or inspection.

False and misleading information - s. 37(4)

This provision is identical to s. 131(2) of the Employment Standards Act, 2000. It prohibits any person from providing false or misleading information under the Employment Protection for Foreign Nationals Act, 2009 (EPFNA). It has a general application in prohibiting any person, whether it is an employer or recruiter (including a corporation), a foreign national, a director or officer or agent, or any other person, from providing false or misleading information under EPFNA. It covers situations where the information is provided voluntarily, as well as pursuant to a demand or a summons, and regardless of whether the information is required to be kept by EPFNA or not.