Canadian Navigable Waters Act

Marginal note:Warrant for dwelling-house

• 36 (1) If any place referred to in subsection 34(1) is a dwelling-house, the designated person 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) On ex parte application, a justice of the peace may issue a warrant authorizing the person who is named in it to enter a dwelling-house, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that

  • (a) the dwelling-house is a place referred to in subsection 34(1);

  • (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Act; and

  • (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that entry will be refused or consent to entry cannot be obtained from the occupant.

• Marginal note:Use of force

  (3) In executing a warrant to enter a dwelling-house, a designated person may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.