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Pilotage Act

Version of section 46.13 from 2023-01-14 to 2024-05-01:


Marginal note:Dwelling house or living quarters

  •  (1) An authorized person shall not enter a dwelling house or living quarters under subsection 46.12(1) without the consent of the occupant except under the authority of a warrant issued under subsection (2), unless the authorized person has reasonable grounds to believe that the dwelling house or living quarters are not being lived in.

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing an authorized person to enter a dwelling house or 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 dwelling house or living quarters are a place referred to in subsection 46.12(1);

    • (b) entry to the dwelling house or 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 a dwelling house or living quarters, an authorized person 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: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.

  • 2019, c. 29, s. 252
  • 2022, c. 17, s. 65

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