Pest Control Products Act

Marginal note:Warrant required to enter dwelling-place

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

• Marginal note:Authority to issue warrant

  (2) If on ex parte application a justice is satisfied by information on oath that

  • (a) the conditions for entry described in section 48 exist in relation to a dwelling-place,

  • (b) entry to the dwelling-place is necessary for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, and

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

  the justice may at any time sign and issue a warrant authorizing the inspector named in it to enter and inspect the dwelling-place, subject to any conditions that may be specified in the warrant.

• Marginal note:Use of force

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

• Marginal note:Means of telecommunication

  (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.