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Assisted Human Reproduction Act

Version of section 48 from 2012-06-29 to 2019-06-08:


Marginal note:Warrant to enter dwelling-house

  •  (1) Where a place referred to in subsection 47(1) is a dwelling-house, an inspector may not enter it without the consent of the occupant, except under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) If, on ex parte application, a justice of the peace is satisfied by information on oath that

    • (a) the conditions for entry described in subsection 47(1) exist in relation to a dwelling-house,

    • (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance or preventing non-compliance with any of sections 8, 10 and 12, and

    • (c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused,

    the justice of the peace may issue a warrant authorizing the inspector named in it to enter the dwelling-house, subject to any conditions that may be specified in the warrant.

  • Marginal note:Use of force

    (3) In executing a warrant issued under subsection (2), the inspector named in it shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

  • 2004, c. 2, s. 48
  • 2012, c. 19, s. 729
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