Canadian Energy Regulator Act (S.C. 2019, c. 28, s. 10)

Marginal note:Warrant to enter dwelling-house or living quarters

• 104 (1) If the place is a dwelling-house or living quarters, the inspection officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspection officer to enter a dwelling-house or living quarters, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

  • (a) the dwelling-house or living quarters is a place referred to in subsection 103(1);

  • (b) entry to the dwelling-house or living quarters is necessary for a purpose related to verifying compliance or preventing non-compliance with this Part, any of Parts 3 to 5 or section 335, or for a purpose referred to in subsection 102(2); and

  • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

• Marginal note:Use of force

  (3) In executing a warrant to enter a dwelling-house or living quarters, an inspection officer may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.