2011-c.150 — Entry Warrants Act

s. 1 — Definitions

The following definitions apply in this Act. 1986, c.E-9.2, s.1

s. 1 — judge

“judge” means a judge of the Provincial Court.(juge)

s. 1 — originating-act

“originating Act” means an Act which authorizes a person to apply for an entry warrant.(loi habilitante)

s. 1 — place

“place” includes a vehicle and a vessel.(lieu)

s. 1 — police-officer

“police officer” means a police officer as defined in the Police Act and a member of the Royal Canadian Mounted Police.(agent de police)

s. 1 — regulated-place

“regulated place” means(lieu réglementé)

s. 1(a) — Definitions

(a) a place which is licensed or otherwise authorized for the carrying on of an activity which can only be carried on lawfully at a place so licensed or authorized, and

s. 1(b) — Definitions

(b) a place which a person who is licensed or otherwise authorized to carry on an activity which can only be carried on lawfully by a person so licensed or authorized regularly uses for the purposes of that activity.

s. 2 — Application for entry warrant

1986, c.E-9.2, s.2

s. 2(1) — Application for entry warrant

An application for an entry warrant may be made by any person authorized by an Act to make such an application.

s. 2(2) — Application for entry warrant

An application for an entry warrant shall be made ex parte to a judge, and shall be

s. 2(2)(a) — Application for entry warrant

(a) in prescribed form, and

s. 2(2)(b) — Application for entry warrant

(b) made on oath or solemn affirmation.

s. 2(3) — Application for entry warrant

The information contained in an application for an entry warrant shall include

s. 2(3)(a) — Application for entry warrant

(a) an identification of the originating Act and of the status of the applicant under that Act,

s. 2(3)(b) — Application for entry warrant

(b) a description of the place to which the application relates,

s. 2(3)(c) — Application for entry warrant

(c) a statement that the applicant believes that the place to which the application relates is, as the case may be,

s. 2(3)(c)(i) — Application for entry warrant

(i) a regulated place,

s. 2(3)(c)(ii) — Application for entry warrant

(ii) a non-conforming place, or

s. 2(3)(c)(iii) — Application for entry warrant

(iii) neither a regulated nor a non-conforming place, and

s. 2(3)(d) — Application for entry warrant

(d) an identification of the statutory functions that the applicant has, and proposes to discharge, in relation to that place.

s. 3 — Powers of judge to issue entry warrant

1986, c.E-9.2, s.3

s. 3(1) — Powers of judge to issue entry warrant

The judge shall issue an entry warrant in the prescribed form if the judge is satisfied that

s. 3(1)(a) — Powers of judge to issue entry warrant

(a) the applicant is a person authorized under the originating Act to discharge the statutory functions identified in the application, and

s. 3(1)(b) — Powers of judge to issue entry warrant

(b) the place to be entered is

s. 3(1)(b)(i) — Powers of judge to issue entry warrant

(i) a regulated place,

s. 3(1)(b)(ii) — Powers of judge to issue entry warrant

(ii) a place that there are reasonable grounds to believe is a non-conforming place, or

s. 3(1)(b)(iii) — Powers of judge to issue entry warrant

(iii) any other place which the applicant has some bona fide reason for requiring to enter for the purposes of the originating Act.

s. 3(2) — Powers of judge to issue entry warrant

An entry warrant shall name the person who is authorized to execute it and shall identify the place to be entered.

s. 4 — Powers of person authorized to execute entry warrant

1986, c.E-9.2, s.4; 2008, c.11, s.11

s. 4(1) — Powers of person authorized to execute entry warrant

A person authorized to execute an entry warrant

s. 4(1)(a) — Powers of person authorized to execute entry warrant

(a) may enter the place to which the warrant relates and do anything there that the originating Act permits,

s. 4(1)(b) — Powers of person authorized to execute entry warrant

(b) while acting under paragraph (a), may seize anything that there are reasonable grounds to believe may afford evidence of an offence under

s. 4(1)(b)(i) — Powers of person authorized to execute entry warrant

(i) the originating Act, or

s. 4(1)(b)(ii) — Powers of person authorized to execute entry warrant

(ii) any other Act under which the person executing the warrant has statutory functions, and

s. 4(1)(c) — Powers of person authorized to execute entry warrant

(c) may use reasonable force for the purposes of paragraphs (a) and (b).

s. 4(2) — Powers of person authorized to execute entry warrant

A person authorized to execute an entry warrant may be accompanied and assisted

s. 4(2)(a) — Powers of person authorized to execute entry warrant

(a) by any other person who has statutory authority to discharge the functions for the purposes of which the entry warrant was applied for, and

s. 4(2)(b) — Powers of person authorized to execute entry warrant

(b) for the purpose of providing protection, by a police officer.

s. 4(3) — Powers of person authorized to execute entry warrant

Anything seized under this section shall be dealt with

s. 4(3)(a) — Powers of person authorized to execute entry warrant

(a) in accordance with the originating Act or the Act described in subparagraph (1)(b)(ii), as the case may be, if the Act provides a procedure for dealing with it, or

s. 4(3)(b) — Powers of person authorized to execute entry warrant

(b) if the Act does not provide a procedure for dealing with it, in accordance with the Provincial Offences Procedure Act, as though the thing seized had been seized under a search warrant issued under that Act.

s. 5 — Obligations of person executing entry warrant

1986, c.E-9.2, s.5

s. 5(1) — Obligations of person executing entry warrant

An entry warrant shall be executed on any day except a Saturday or a Sunday or other holiday, between 8 a.m. and 6 p.m., unless the judge, in the light of the nature of the place to be entered and the purposes of the entry, authorizes its execution on a Saturday or a Sunday or other holiday or at some other hour.

s. 5(2) — Obligations of person executing entry warrant

A person executing an entry warrant shall,

s. 5(2)(a) — Obligations of person executing entry warrant

(a) if so requested by a person in the place to be entered, show that person a copy of the warrant, and

s. 5(2)(b) — Obligations of person executing entry warrant

(b) if nobody is in the place entered when the warrant is executed, leave a copy of the warrant there in a prominent location.

s. 6 — Matters not affected by issue of entry warrant

The fact that a person is authorized under an originating Act to apply for an entry warrant does not affect 1986, c.E-9.2, s.6

s. 6(a) — Matters not affected by issue of entry warrant

(a) the question of whether force may be used for the purposes of the originating Act otherwise than under an entry warrant, or

s. 6(b) — Matters not affected by issue of entry warrant

(b) the question of whether a person commits an offence under the originating Act by denying any person entry or access to any place or thing.

s. 7 — Regulations

The Lieutenant-Governor in Council may make regulations prescribing forms for the purposes of this Act. 1986, c.E-9.2, s.7