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Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Version of section 63 from 2002-12-31 to 2014-06-18:

Marginal note:Warrant required to enter dwelling-house

  •  (1) If the premises referred to in subsection 62(1) is a dwelling-house, the authorized person 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) A justice of the peace may issue a warrant authorizing the authorized person to enter a dwelling-house, subject to any conditions that may be specified in the warrant, if on ex parte application the justice is satisfied by information on oath that

    • (a) there are reasonable grounds to believe that there are in the premises records relevant to ensuring compliance with Part 1;

    • (b) entry to the dwelling-house is necessary for any purpose that relates to ensuring compliance with Part 1; and

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

  • Marginal note:Areas that may be entered

    (3) For greater certainty, an authorized person who enters a dwelling-house under authority of a warrant may enter only a room or part of a room in which the person believes on reasonable grounds that a person or an entity referred to in section 5 is carrying on its business, profession or activity.

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