Tobacco and Vaping Products Act

Marginal note:Entry of dwelling-place

• 36 (1) An inspector may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing the inspector named in the warrant to enter and inspect a dwelling-place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath

  • (a) that the dwelling-place is a place referred to in subsection 35(1);

  • (b) that entry to the dwelling-place is necessary for the administration or enforcement of this Act; and

  • (c) that the occupant does not consent to the entry, or that entry has been refused or there are reasonable grounds for believing that it will be refused.

• Marginal note:Use of force

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