International River Improvements Act — I-20 13
Power to enter and inspect 13 (1) Subject to subsection (2), for the purposes of this Act, an enforcement officer may, at any reasonable time, enter and inspect any place in which the officer believes, on reasonable grounds, there is anything to which this Act applies or any document relating to its administration. Dwelling-place (2) An enforcement officer may not enter a dwelling-place without the occupant’s consent or a warrant issued under subsection (3). Authority to issue warrant — dwelling-places (3) On ex parte application, a justice may issue a warrant authorizing an enforcement officer named in the warrant to conduct an inspection of a dwelling-place, subject to any conditions 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 subject to any conditions specified in the warrant — if the justice is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to the dwelling-place; (b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act; and (c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused. Authority to issue warrant — non-dwellings (4) On ex parte application, a justice may issue a warrant authorizing an enforcement officer named in the warrant to conduct an inspection of a place other than a dwelling-place, subject to any conditions 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 subject to any conditions specified in the warrant — if the justice is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to that place; (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. 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 its use 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. Enforcement officer’s powers (8) In carrying out an inspection of a place under this section, an enforcement officer may, for the purposes of this Act, (a) examine any thing relevant to the administration of this Act that is found in the place; (b) open and examine any receptacle or package found that the officer believes on reasonable grounds contains any thing referred to in paragraph (a); (c) examine any books, records, electronic data or other documents that the officer believes on reasonable grounds contain any information relevant to the administration of this Act and make copies of them or take extracts from them; (d) take samples of anything relevant to the administration of this Act; and (e) conduct any tests or take any measurements. Analysts (9) An analyst may, for the purposes of this Act, accompany