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Human Pathogens and Toxins Act

Version of section 42 from 2009-06-23 to 2023-01-13:

Marginal note:Warrant to enter dwelling-house

  •  (1) An inspector may not enter a dwelling-house without the occupant’s consent, except under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspector named in it to enter a dwelling-house, subject to any conditions that may be specified in the warrant, if the justice of the peace is satisfied by information on oath that

    • (a) the dwelling-house is a place referred to in subsection 41(1);

    • (b) entry to the dwelling-house is necessary for a purpose referred to in subsection 41(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:Use of force

    (3) In executing the warrant, the inspector named in it may not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

  • Marginal note:Telewarrant

    (4) If an inspector believes that it would not be practicable to appear personally to make an application for the warrant, a warrant may be issued by telephone or other means of telecommunication on application submitted by any one of those means. Section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.

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