40 (1) A society may apply to the court to determine whether a child is in need of protection.  R.S.O. 1990, c. C.11, s. 40 (1). Warrant to apprehend child (2) A justice of the peace may issue a warrant authorizing a child protection worker to bring a child to a place of safety if the justice of the peace is satisfied on the basis of a child protection worker’s sworn information that there are reasonable and probable grounds to believe that, (0.a) the child is less than 16 years old; (a) the child is in need of protection; and (b) a less restrictive course of action is not available or will not protect the child adequately.  R.S.O. 1990, c. C.11, s. 40 (2); 2017, c. 14, Sched. 2, s. 6 (1, 2). Idem (3) A justice of the peace shall not refuse to issue a warrant under subsection (2) by reason only that the child protection worker may bring the child to a place of safety under subsection (7).  R.S.O. 1990, c. C.11, s. 40 (3); 1993, c. 27, Sched. Order to produce or apprehend child (4) Where the court is satisfied, on a person’s application upon notice to a society, that there are reasonable and probable grounds to believe that, (a) a child is in need of protection, the matter has been reported to the society, the society has not made an application under subsection (1), and no child protection worker has sought a warrant under subsection (2) or apprehended the child under subsection (7); and (b) the child cannot be protected adequately otherwise than by being brought before the court, the court may order, (c) that the person having charge of the child produce him or her before the court at the time and place named in the order for a hearing under subsection 47 (1) to determine whether he or she is in need of protection; or (d) where the court is satisfied that an order under clause (c) would not protect the child adequately, that a child protection worker employed by the society bring the child to a place of safety.  R.S.O. 1990, c. C.11, s. 40 (4); 1993, c. 27, Sched. Child’s name, location not required (5) It is not necessary, in an application under subsection (1), a warrant under subsection (2) or an order made under subsection (4), to describe the child by name or to specify the premises where the child is located.  R.S.O. 1990, c. C.11, s. 40 (5). Authority to enter, etc. (6) A child protection worker authorized to bring a child to a place of safety by a warrant issued under subsection (2) or an order made under clause (4) (d) may at any time enter any premises specified in the warrant or order, by force if necessary, and may search for and remove the child.  R.S.O. 1990, c. C.11, s. 40 (6). Apprehension without warrant (7) A child protection worker who believes on reasonable and probable grounds that, (a) a child is in need of protection; (a.1) the child is less than 16 years old; and (b) there would be a substantial risk to the child’s health or safety during the time necessary to bring the matter on for a hearing under subsection 47 (1) or obtain a warrant under subsection (2), may without a warrant bring the child to a place of safety.  R.S.O. 1990, c. C.11, s. 40 (7); 2017, c. 14, Sched. 2, s. 6 (3, 4). Police assistance (8) A child protection worker acting under this section may call for the assistance of a peace officer.  R.S.O. 1990, c. C.11, s. 40 (8). Consent to examine child (9) A child protection worker acting under subsection (7) or under a warrant issued under subsection (2) or an order made under clause (4) (d) may authorize the child’s medical examination where a parent’s consent would otherwise be required.  R.S.O. 1990, c. C.11, s. 40 (9). Place of open temporary detention (10) Where a child protection worker who brings a child to a place of safety under this section believes on reasonable and probable grounds that no less restrictive course of action is feasible, the child may be detained in a place of safety that is a place of open temporary detention as defined in Part IV (Youth Justice).  R.S.O. 1990, c. C.11, s. 40 (10); 2006, c. 19, Sched. D, s. 2 (6). Right of entry, etc. (11) A child protection worker who believes on reasonable and probable grounds that a child referred to in subsection (7) is on any premises may without a warrant enter the premises, by force, if necessary, and search for and remove the child.  R.S.O. 1990, c. C.11, s. 40 (11). Regulations re power of entry (12) A child protection worker authorized to enter premises under subsection (6) or (11) shall exercise the power of entry in accordance with the regulations.  R.S.O. 1990, c. C.11, s. 40 (12). Peace officer has powers of child protection worker (13) Subsections (2), (6), (7), (10), (11) and (12) apply to a peace officer as if the peace officer were a child protection worker.  R.S.O. 1990, c. C.11, s. 40 (13). Protection from personal liability (14) No action shall be instituted against a peace officer or child protection worker for any act done in good faith in the execution or intended execution of that person’s duty under this section or for an alleged neglect or default in the execution in good faith of that duty.  R.S.O. 1990, c. C.11, s. 40 (14). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2006, c. 19, Sched. D, s. 2 (6) - 22/06/2006 2017, c. 14, Sched. 2, s. 6 (1, 3) - 01/01/2018