72.06 (1) A person authorized to issue notices of violation may
(a) subject to subsection (2), enter and inspect, at any reasonable time, any place in which he or she believes on reasonable grounds there is any document, information or thing relevant to the enforcement of section 41, and examine the document, information or thing or remove it for examination or reproduction;
(b) make use of or cause to be made use of any data processing system at the place to examine any data contained in or available to the system;
(c) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and
(d) make use of any copying equipment or means of communication located at the place.
Marginal note:Warrant required to enter dwelling-place
(2) A person authorized to issue notices of violation may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant issued under subsection (3).
Marginal note:Authority to issue warrant
(3) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing a person authorized to issue notices of violation and who is named in the warrant to enter and inspect a dwelling-place, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath
(a) that the dwelling-place is a place described in paragraph (1)(a);
(b) that entry to the dwelling-place is necessary for the enforcement of section 41; and
(c) that entry has been refused, there are reasonable grounds for believing that entry will be refused, or consent to entry cannot be obtained from the occupant.
Marginal note:Use of force
(4) A person executing a warrant issued under subsection (3) shall not use force unless he or she is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
- 2005, c. 50, s. 2
- Date modified: