Antarctic Environmental Protection Act — A-11.44 30
Entry 30 (1) Subject to subsection (2), for the purposes of this Act, an enforcement officer may, at any reasonable time, enter any place in Canada in which the enforcement officer believes, on reasonable grounds, there is anything to which this Act applies or any document relating to its administration. Dwelling-house (2) An enforcement officer may not enter a dwelling-house without the consent of the occupant or pursuant to a warrant issued under subsection (3). Warrant for inspection of dwelling-house (3) If, on ex parte application, a justice is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-house, (b) entry to the dwelling-house is necessary for any purpose relating to the administration 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 may issue a warrant authorizing the enforcement officer named in it to conduct an inspection of the dwelling-house, subject to any conditions that may be specified in the warrant, and authorizing any other person named in the warrant to accompany the enforcement officer and exercise any power specified in the warrant. Warrants for inspection of non-dwellings (4) If, on ex parte application, a justice is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to a place other than a dwelling-house, (b) entry to the place is necessary for any purpose relating to the administration of this Act, (c) entry to the place has been refused, the enforcement officer was not able to enter without the use of force or the place was abandoned, and (d) subject to subsection (5), all reasonable attempts were made to notify the owner, operator or person in charge of the place, the justice may issue a warrant authorizing the enforcement officer named in it to conduct an inspection of the place, subject to any conditions that may be specified in the warrant, and authorizing any other person named in the warrant to accompany the enforcement officer and exercise any power specified in the warrant. Waiving notice (5) The justice may waive the requirement to give notice under paragraph (4)(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 jurisdiction of the justice or that it is not in the public interest to give the notice. Use of force (6) In executing a warrant issued under subsection (3) or (4), an enforcement officer shall not use force unless the use of force has been specifically authorized in the warrant. Stopping and detaining conveyances (7) For the purposes of this Act, an enforcement officer may, at any reasonable time, direct that any conveyance be stopped — or be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out — and the officer may, for a reasonable time, detain any conveyance. Vessels and aircraft (8) For the purposes of this Act but subject to subsection (2), if an enforcement officer believes on reasonable grounds that there is, on any vessels or aircraft in Canada, anything to which this Act applies or any document relating to its administration, the officer may, at any reasonable time, (a) direct that the vessel be stopped — or be moved, by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out — and the officer may, for a reasonable time, detain the vessel; (b) board the vessel or aircraft; or (c) travel on the vessel or aircraft. Powers of inspection (9) In carrying out an inspection of a place under this section, an enforcement officer may, for the purposes of this Act, (a) examine any substance, product or other thing relevant to the administration of this Act that is found in the place