Wrecked, Abandoned or Hazardous Vessels Act

Marginal note:Entering living quarters

• 75 (1) An enforcement officer must not enter living quarters under subsection 74(1) without the consent of the occupant except under the authority of a warrant issued under subsection (2), unless they have reasonable grounds to believe that the living quarters are not being lived in or are located on an abandoned vessel.

• Marginal note:Authority to issue warrant

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

  • (a) the living quarters are a place referred to in subsection 74(1);

  • (b) entry to the living quarters is necessary for a purpose related to verifying compliance or preventing non-compliance with this Act; 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 living quarters, an enforcement 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.

• Marginal note:Telewarrant

  (4) If an enforcement officer believes that it would not be practicable 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.