32 (1) On 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 that is relevant to the person’s fitness for holding a licence under this Act; and (b) there is, (i) in any building, dwelling, receptacle or place any thing relating to the contravention of this Act or the regulations or to the person’s fitness for holding a licence, or (ii) information or evidence relating to the contravention of this Act or the regulations or the person’s fitness for holding a licence that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.  2005, c. 17, s. 32 (1); 2006, c. 34, s. 13 (2). Powers under warrant (2) Subject to any conditions contained in the warrant, a warrant issued under subsection (1) authorizes an investigator to, (a) enter or access the building, dwelling, receptacle or place specified in the warrant, and examine and seize any thing described in the warrant; (b) 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; (c) 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; and (d) use any investigative technique or procedure described in the warrant or do anything described in the warrant.  2005, c. 17, s. 32 (2); 2006, c. 34, s. 13 (2). Obligation to produce and assist (3) A person who is required to do so by an investigator under clause (2) (c) shall produce information or evidence described in the warrant and shall provide whatever assistance is reasonably necessary to produce the information or evidence in any form.  2005, c. 17, s. 32 (3). Entry of dwelling (4) 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.  2005, c. 17, s. 32 (4). Conditions on warrant (5) A warrant 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.  2005, c. 17, s. 32 (5). 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 investigator in respect of the execution of the warrant.  2005, c. 17, s. 32 (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.  2005, c. 17, s. 32 (7). 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 investigator, extend the date of expiry for an additional period of no more than 30 days.  2005, c. 17, s. 32 (8). Use of force (9) An investigator may call upon police officers for assistance in executing a warrant and the investigator may use whatever force is reasonably necessary to execute the warrant.  2005, c. 17, s. 32 (9). Obstruction (10) No person shall obstruct an investigator executing a warrant or withhold from him or her or conceal, alter or destroy anything relevant to the investigation.  2005, c. 17, s. 32 (10). Return of seized thing (11) Subject to subsection (12), an investigator who seizes any thing under this section may make a copy of it and shall return it within a reasonable time.  2005, c. 17, s. 32 (11). Return of seized items not required (12) An investigator is not required to return a film seized under this section where the investigator believes on reasonable grounds that the film was distributed, offered for distribution, exhibited or offered for exhibition in contravention of this Act or the regulations.  2005, c. 17, s. 32 (12). Admissibility (13) 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.  2005, c. 17, s. 32 (13). Section Amendments with date in force (d/m/y) 2006, c. 34, s. 13 (2)
- 20/12/2006