PART VIII ELECTRICAL SAFETY
Warrant to seize electrical product or device
113.13.2 (1) On application made without notice by an inspector appointed under subsection 113.13 (1), a justice of the peace may issue a warrant if he or she is satisfied on information under oath that there is reasonable ground for believing that, (a) an inspector issued an order to turn over an electrical product or device or to retain and preserve such a product or device under subsection 113.13.1 (1); (b) the person who was issued the order failed to comply with it; and (c) the electrical product or device was being sold or offered for sale in contravention of this Part or the regulations.  2006, c. 34, s. 12 (6). Powers under warrant (2) Subject to any conditions contained in the warrant, a warrant issued under subsection (1) authorizes an inspector appointed under subsection 113.13 (1) to, (a) enter or access the place in which a person is required to retain and preserve the electrical product or device under clause 113.13.1 (1) (b) and subsection 113.13.1 (2); (b) require a person to produce the electrical product or device in question; and (c) seize the electrical product or device in question.  2006, c. 34, s. 12 (6). Obligation to produce and assist (3) A person who is required to do so by an inspector under clause (2) (b) shall produce the electrical product or device in question.  2006, c. 34, s. 12 (6). Entry of dwelling (4) Despite subsection (2), an inspector shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling unless, (a) the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and (b) the justice of the peace authorizes the entry into the dwelling.  2006, c. 34, s. 12 (6). Conditions on search warrant (5) A warrant shall contain such conditions as the justice of the peace considers advisable to ensure that any entry and seizure authorized by the warrant is reasonable in the circumstances.  2006, c. 34, s. 12 (6). Assistance (6) A warrant may authorize persons who have special, expert or professional knowledge, and such other persons as may be necessary, to accompany and assist the inspector in respect of the execution of the warrant.  2006, c. 34, s. 12 (6). Time of execution (7) An entry or access under a warrant shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.  2006, c. 34, s. 12 (6). Expiry of warrant (8) A warrant shall name a date of expiry, which shall be no later than 30 days after the warrant is issued, but a justice of the peace may, on application without notice by the inspector, extend the date of expiry for an additional period of no more than 30 days.  2006, c. 34, s. 12 (6). Use of force (9) An inspector may call upon police officers for assistance in executing a warrant and the inspector may use whatever force is reasonably necessary to execute the warrant.  2006, c. 34, s. 12 (6). Obstruction (10) No person shall obstruct an inspector executing a warrant.  2006, c. 34, s. 12 (6). Inspector to inform director (11) When an inspector seizes an electrical product or device under this section, he or she shall promptly inform the director.  2006, c. 34, s. 12 (6). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 12 (6)
- 01/01/2008