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Pest Control Products Act

Version of section 49 from 2016-12-12 to 2023-01-13:

Marginal note:Warrant required to enter dwelling-place

  •  (1) An inspector may not enter a dwelling-place except with the consent of its occupant or under the authority of a warrant.

  • Marginal note:Authority to issue warrant

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

    • (a) the conditions for entry described in section 48 exist in relation to a dwelling-place,

    • (b) entry to the dwelling-place is necessary for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, and

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

    the justice may at any time sign and issue a warrant authorizing the inspector named in it to enter and inspect the dwelling-place, subject to any conditions that may be specified in the warrant.

  • Marginal note:Use of force

    (3) An inspector who executes a warrant shall not use force unless he or she is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

  • Marginal note:Telewarrant

    (4) If an inspector believes that it would be impracticable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication, on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.

  • 2002, c. 28, s. 49
  • 2016, c. 9, s. 46

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