Assisted Human Reproduction Act

Marginal note:Warrant to enter dwelling-house

• 48 (1) Where a place referred to in subsection 47(1) is a dwelling-house, an inspector may not 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) If, on ex parte application, a justice of the peace is satisfied by information on oath that

  • (a) the conditions for entry described in subsection 47(1) exist in relation to a dwelling-house,

  • (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance or preventing non-compliance with any of sections 8, 10 and 12, and

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

  the justice of the peace may issue a warrant authorizing the inspector named in it to enter the dwelling-house, subject to any conditions that may be specified in the warrant.

• Marginal note:Use of force

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