16.3 (1) Upon application made without notice by an investigator, 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)  a person has contravened or is contravening this Act or the regulations or has committed an offence under the law of any jurisdiction that is relevant to the person’s fitness to act as a bailiff or assistant bailiff under this Act; and (b)  there is, (i)  in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations or to the person’s fitness to act as a bailiff or assistant bailiff under this Act, or (ii)  information or evidence relating to the contravention of this Act or the regulations or the person’s fitness to act as a bailiff or assistant bailiff under this Act that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.  2006, c. 34, s. 3 (7); 2019, c. 14, Sched. 10, s. 1 (1). Powers under warrant (2) Subject to any conditions contained in it, a warrant obtained under subsection (1) authorizes an investigator, (a)  to enter or access the building, dwelling, receptacle or place specified in the warrant and examine and seize anything described in the warrant; (b)  to make reasonable inquiries of any person, orally or in writing, with respect to anything relevant to the investigation; (c)  to require a person to produce the information or evidence described in the warrant and to provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce, in any form, the information or evidence described in the warrant; (d)  to use any data storage, processing or retrieval device or system used in carrying on business in order to produce information or evidence described in the warrant, in any form; and (e)  to use any investigative technique or procedure or do anything described in the warrant.  2006, c. 34, s. 3 (7); 2019, c. 14, Sched. 10, s. 1 (1, 2). Entry of dwelling (3) Despite subsection (2), an investigator 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. 3 (7). Conditions on warrant (4) A warrant obtained under subsection (1) shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances.  2006, c. 34, s. 3 (7). Expert help (5) The warrant may authorize persons who have special, expert or professional knowledge and other persons as necessary to accompany and assist the investigator in respect of the execution of the warrant.  2006, c. 34, s. 3 (7). Time of execution (6) An entry or access under a warrant issued under this section shall be made between 6 a.m. and 9 p.m., unless the warrant specifies otherwise.  2006, c. 34, s. 3 (7). Expiry of warrant (7) A warrant issued under this section 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 extend the date of expiry for an additional period of no more than 30 days, upon application without notice by an investigator.  2006, c. 34, s. 3 (7). Use of force (8) An investigator may call upon police officers for assistance in executing the warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.  2006, c. 34, s. 3 (7). No obstruction (9) No person shall obstruct an investigator executing a warrant under this section or withhold from him or her or conceal, alter or destroy anything relevant to the investigation being conducted pursuant to the warrant.  2006, c. 34, s. 3 (7). Compliance (10) If an investigator under clause (2) (c) requires a person to produce evidence or information or to provide assistance, the person shall produce the evidence or information or provide the assistance, as the case may be. 2019, c. 14, Sched. 10, s. 1 (3). Copies of seized items (11) An investigator who seizes any thing under this section or section 16.4 may make a copy of it. 2019, c. 14, Sched. 10, s. 1 (3). Admissibility (12) A copy of a document or record certified by an investigator as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.  2006, c. 34, s. 3 (7). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. E, s. 14 - no effect - see 2000, c. 26, Sched. B, s. 1 (6) - 06/12/2000 2000, c. 26, Sched. B, s. 1 (3) - no effect - see 2000, c. 26, Sched. B, s. 1 (6) - 06/12/2000 2006, c. 34, s. 3 (7)
- 01/04/2007 2019, c. 14, Sched. 10, s. 1 (1-3) - 10/12/2019