28 (1) Subject to subsection (3), an enforcement officer, an employee or agent of the Commission or a person designated under subsection 5 (11) may enter and inspect any land, building or dwelling if, (a) the entry is for the purpose of considering an amendment to the Niagara Escarpment Plan proposed by the owner of the property; (b) the entry is for the purpose of a review of the Niagara Escarpment Plan under section 17 and is not inconsistent with the terms of reference established under that section for the review; (c) the entry is for the purpose of considering an application for a development permit under this Act; (d) the entry is for the purpose of considering or commenting on an application under any Act for a permit, order, certificate, licence, approval, consent, permission or other decision related to land use or development; or (e) there are reasonable grounds to believe that development to which this Act or the regulations apply has been or is being undertaken.  1999, c. 12, Sched. N, s. 4 (19); 2009, c. 12, Sched. L, s. 7; 2023, c. 20, Sched. 11, s. 6 (1, 2). Powers during inspection (2) A person conducting an inspection under subsection (1) may, (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations, make any measurements, take tests, samples or photographs or make any other records necessary for the purposes of the inspection. 2023, c. 20, Sched. 11, s. 6 (3). Authority to enter and inspect (3) A person specified in subsection (1) may, under that subsection, enter and inspect any land without the consent of the owner or occupier of the land and without a warrant but subsection (1) does not authorize the person to enter and inspect a building or dwelling without a warrant unless the occupier of the building or dwelling consents to the entry. 2023, c. 20, Sched. 11, s. 6 (3). Warrant for building or dwelling (4) On application without notice, a justice may issue a warrant authorizing an enforcement officer to enter and inspect a building or dwelling if the justice is satisfied by information under oath that there are reasonable grounds to believe that, (a) an inspection under this section is required for the reasons described in subsection (1); and (b) entry has been refused or is likely to be refused. 2023, c. 20, Sched. 11, s. 6 (3). Same, application for warrant (5) An application under subsection (4) shall specify that the warrant is to enter and inspect a building or a dwelling. 2023, c. 20, Sched. 11, s. 6 (3). Conditions (6) A warrant is subject to such conditions as may be specified in the warrant. 2023, c. 20, Sched. 11, s. 6 (3). Assistance (7) An enforcement officer may be accompanied or assisted by any person during an inspection under this section. 2023, c. 20, Sched. 11, s. 6 (3). Time of entry (8) The power to enter lands, buildings or dwellings under subsection (1) may be exercised at any reasonable time. 2023, c. 20, Sched. 11, s. 6 (3). Use of force (9) Subsection (1) does not authorize the use of force. 2023, c. 20, Sched. 11, s. 6 (3). Return of things (10) Any document or thing removed during an inspection shall be returned promptly to the person from whom it was taken unless it is not reasonable for the person to expect the thing to be returned. 2023, c. 20, Sched. 11, s. 6 (3). Offence (11) Any person who prevents or obstructs a person who is entitled to enter lands, buildings or dwellings and conduct an inspection under this section from entering the lands, buildings or dwellings or conducting the inspection is guilty of an offence and on conviction is liable to a fine of not more than $10,000. 2023, c. 20, Sched. 11, s. 6 (3). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N, s. 4 (19) - 22/12/1999 2009, c. 12, Sched. L, s. 7 - 14/05/2009 2023, c. 20, Sched. 11, s. 6 (1-3) - 04/12/2023