Customs Act

Marginal note:Officer’s access to goods — transportation

• 97.01 (1) Every person who transports or causes to be transported within Canada goods destined for export must, at an officer’s request, give the officer free access to any premises or place under the person’s control that is attached to or forms part of any place where any goods destined for export are reported, loaded, unloaded or stored and open any package or container of those goods or remove any packaging from those goods.

• Marginal note:No entry without consent or warrant

  (2) If any premises or place referred to in subsection (1) is a dwelling-house, an officer may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (3).

• Marginal note:Warrant

  (3) On ex parte application by the Minister, a judge may issue a warrant authorizing an officer to enter a dwelling-house, subject to the conditions that may be specified in the warrant, if the judge is satisfied by information on oath that

  • (a) there are reasonable grounds to believe that the dwelling-house is a premises or place referred to in subsection (1);

  • (b) entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act; and

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

• Marginal note:Definition of dwelling-house

  (4) In this section, dwelling-house has the same meaning as in subsection 42(1).