Radiocommunication Act of Canada - R-2,1985, Revised 1989

Radiocommunication ACT R.S.C. 1985, Revised 1989 Powers of Inspectors

Article 8 of the Act

8 (1) Powers of Inspectors

Subject to subsection (2), an inspector appointed under paragraph 5(1)(j) may, at any reasonable time, for the purpose of enforcing this Act,

(a) enter any place in which the inspector believes on reasonable grounds there is any radio apparatus, interference-causing equipment or radio-sensitive equipment;

(b) examine any radio apparatus, interference-causing equipment or radio-sensitive equipment found therein; and

(c) examine any logs, books, reports, test data, records, shipping bills, bills of lading or other documents or papers found therein that the inspector believe on reasonable grounds contain information relevant to the enforcement of this Act, and make copies thereof or take extracts therefrom.

8 (2) Dwelling-houses 

Where a place referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant, except

(a) under the authority of a warrant issued under subsection (3), or

(b) where, by reason of exigent circumstances, it would not be practical for the inspector to obtain a warrant and, for the purposes of paragraph (b) exigent circumstances include circumstances in which the delay necessary to obtain a warrant would result in danger to human life or safety or the loss or destruction of evidence.

8 (3) Warrants 

Where, on ex parte application, a justice of the peace is satisfied by information on oath that

(a) entry to a dwelling-house is necessary for the purpose of performing any duty of an inspector under this Act, and

(b) entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused, the justice may issue a warrant authorizing the inspector named therein to enter that dwelling-house, subject to any conditions specified in the warrant.

8 (4) Use of force

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

8 (5) Assistance to inspectors

The owner or person in charge of a place entered by an inspector shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector's duties under this Act, and shall give the inspector any information that the inspector reasonably requests.

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