Government of Canada / Gouvernement du Canada
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Assisted Human Reproduction Act

Version of section 48 from 2004-03-29 to 2012-06-28:

The following provision is not in force.

Marginal note:Warrant to enter dwelling-house

  •  (1) Where a place referred to in subsection 47(1) is a dwelling-house, an inspector may not enter it without the consent of the occupant, except under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) If, on ex parte application, a justice of the peace is satisfied by information on oath that

    • (a) the conditions for entry described in subsection 47(1) exist in relation to a dwelling-house,

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

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

    the justice of the peace may issue a warrant authorizing the inspector named in it to enter the dwelling-house, subject to any conditions that may be specified in the warrant.

  • Marginal note:Use of force

    (3) In executing a warrant issued under subsection (2), the inspector named in it 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.

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