SECTION 16

Search Warrant

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

(2) Where on ex parte application a justice, as defined in Section 2 of the Criminal Code, is satisfied by information on oath that

(a) the conditions for entry described in Section 15 exist in relation to a dwellingplace,

(b) entry is necessary for any purpose relating to the administration or enforcement of this Act, and

(c) entry has been refused or there are reasonable grounds for believing that entry will be refused,

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

(3) The inspector who executes the warrant 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.

RELATED SECTIONS

With respect to subsection 16(3), although the wording permits the inspector to use force it is expected this would be exercised through the peace officer and only secondarily, if at all, through the inspector. It is difficult to think of an inspection, other than of abandoned goods, where force would be used. An investigation may require the use of force. Normally, this event should be limited to such things as breaking a window to gain entry or forcing a lock.

COURT DECISIONS OF INTEREST

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