Marginal note:Inspection of dwelling-house
104 (1) An inspector may not enter a dwelling-house under section 102 except
(a) on reasonable notice to the owner or occupant, except where a business is being carried on in the dwelling-house; and
(b) with the consent of the occupant or under a warrant.
Marginal note:Authority to issue warrant
(2) A justice who on ex parte application is satisfied by information on oath
(a) that the conditions for entry described in section 102 exist in relation to a dwelling-house,
(b) that entry to the dwelling-house is necessary for any purpose relating to the enforcement of this Act or the regulations, and
(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused
may issue a warrant authorizing the inspector named in it to enter that dwelling-house subject to any conditions that may be specified in the warrant.
Marginal note:Areas that may be inspected
(3) For greater certainty, an inspector who is carrying out an inspection of a dwelling-house may enter and inspect only
(a) that part of a room of the dwelling-house in which the inspector believes on reasonable grounds there is a firearm, prohibited weapon, restricted weapon, prohibited device, prohibited ammunition, a record in relation to a gun collection or all or part of a device or other thing required by a regulation made under paragraph 117(h) respecting the storage of firearms and restricted weapons; and
(b) in addition, in the case of a dwelling-house where the inspector believes on reasonable grounds a business is being carried on, that part of a room in which the inspector believes on reasonable grounds there is ammunition or a record of the business.
- Date modified: