Saguenay-St. Lawrence Marine Park Act

Marginal note:Search and seizure

• 19 (1) A park warden, peace officer or enforcement officer may

  • (a) enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and

  • (b) seize anything that they believe on reasonable grounds is or has been possessed or used in connection with an offence under this Act.

• Marginal note:Authority to issue warrant

  (2) Where on ex parte application a justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in any place, including any building, boat or other conveyance, or in any package or receptacle, whether in or outside the park,

  • (a) an animal, bird or fish, or any part or egg of an animal, bird or fish, or a firearm, trap or other device for destroying or capturing animals, birds or fish, in respect of which there are reasonable grounds to believe an offence under this Act has been committed, or

  • (b) anything that there are reasonable grounds to believe will provide evidence with respect to an offence under this Act involving a thing referred to in paragraph (a),

  the justice of the peace may issue a warrant authorizing the peace officer, park warden or enforcement officer named in the warrant to enter and search the place or to open and examine the package or receptacle, subject to any conditions specified in the warrant.

• Marginal note:Where warrant not necessary

  (3) A park warden, peace officer or enforcement officer may exercise any powers under subsection (1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be feasible to obtain one.