Assisted Human Reproduction Act (S.C. 2004, c. 2)

48. (1) Where a place referred to in subsection 47(1) is a dwelling-house, an inspector may not enter it without the consent of the occupant, except under the authority of a warrant issued under subsection (2).

Marginal note:Authority to issue warrant

(2) If, on ex parte application, a justice of the peace is satisfied by information on oath that

• (a) the conditions for entry described in subsection 47(1) exist in relation to a dwelling-house,

• (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance or preventing non-compliance with any of sections 8, 10 and 12, and

• (c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused,

the justice of the peace may issue a warrant authorizing the inspector named in it to enter the dwelling-house, subject to any conditions that may be specified in the warrant.

Marginal note:Use of force

(3) In executing a warrant issued under subsection (2), the inspector named in it shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

49. (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector engaged in carrying out duties under this Act.

Marginal note:Interference

(2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with material or information seized under this Act.

50. (1) An inspector who enters a place or conveyance under section 47 may seize any material or information by means of which, or in relation to which, the inspector believes on reasonable grounds this Act has been contravened.

Marginal note:Storage and removal

(2) An inspector may direct that seized material or information be kept or stored in the place where it was seized or be removed to any other proper place.

51. (1) A person from whom material or information is seized may, within 60 days after the date of the seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration, if the person sends to the Minister notice of their intention to do so.

Marginal note:Order of restoration

(2) The provincial court judge may order that seized material or information be restored immediately to the applicant if, on hearing the application, the judge is satisfied that

• (a) the applicant is entitled to possession of it; and

• (b) it will not be required as evidence in any proceedings under this Act.

Marginal note:Order of later restoration

(3) If, on hearing an application, a provincial court judge is satisfied that the applicant is entitled to possession of seized material or information but is not satisfied as regards paragraph (2)(b), the judge may order that the material or information be restored to the applicant

• (a) on the expiry of 180 days after the date of the seizure if no proceedings under this Act have been commenced before that time; or

• (b) on the final conclusion of proceedings under this Act.

Marginal note:Exception

(4) A provincial court judge may not make an order for the restoration of material or information if it has been forfeited by consent under subsection 52(2).