International Boundary Waters Treaty Act — I-17 20.2
Authority to enter 20.2 (1) An inspector may, for the purpose of verifying compliance with this Act, enter a place, including a vehicle, in which they have reasonable grounds to believe an object to which this Act applies is located or an activity regulated by this Act is taking place. Powers on entry (2) The inspector may, for that purpose, (a) examine anything in the place; (b) use any means of communication in the place or cause it to be used; (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to it; (d) prepare a document, or cause one to be prepared, based on the data; (e) use any copying equipment in the place, or cause it to be used; (f) remove anything from the place for examination or copying; (g) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; (h) prohibit or limit access to all or part of the place; (i) take samples of anything in the place; and (j) conduct tests on, or take measurements of, anything in the place. Dwelling-house (3) If the place is a dwelling-house, the inspector may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (4). Authority to issue warrant — dwelling-house (4) On ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in it to enter a dwelling-house, subject to any conditions 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 (1); (b) entry to the dwelling-house is necessary to verify compliance with this Act; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant. Use of force (5) In executing a warrant to enter a dwelling-house, an inspector may use force only if the use of force has been specifically authorized in the warrant and the inspector is accompanied by a peace officer. Authority to issue warrant — non-dwelling-houses (6) On ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in it to enter a place other than a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the place is a place referred to in subsection (1); (b) entry to the place is necessary to verify compliance with this Act; (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused, that consent to entry cannot be obtained from the occupant, that entry cannot be effected without the use of force or that the place is abandoned; and (d) all reasonable attempts were made to notify the owner, operator or person in charge of the place. Waiving notice (7) The justice may waive the requirement to give notice under paragraph (6)(d) if he or she is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge is absent from the justice’s jurisdiction or that it is not in the public interest to give the notice. Stopping and detaining vehicles (8) For the purpose of verifying compliance with this Act, an inspector may, at any reasonable time, direct that any vehicle be stopped — or be moved, by the route and in the manner that they specify, to a specified place — and they may, for a reasonable time, detain that vehicle. 2013, c. 12, s. 6