Hazardous Products Act

Marginal note:Warrant or consent required to enter dwelling-house

• 22.1 (1) If the place mentioned in subsection 22(1) is a dwelling-house, an inspector is not authorized to 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) A justice of the peace may, on ex parte application, issue a warrant authorizing, subject to the conditions specified in the warrant, the individual who is named in it to enter a dwelling-house if the justice of the peace is satisfied by information on oath that

  • (a) the dwelling-house is a place described in subsection 22(1);

  • (b) entry to the dwelling-house is necessary for the purposes referred to in subsection 22(1); and

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

• Marginal note:Use of force

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

• Marginal note:Means of telecommunication

  (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.