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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1In this Act

“judge” means a judge of the Provincial Court;(juge)

“non-conforming place” means a place at which there is carried on unlawfully an activity which can only be carried on lawfully at a regulated place;(endroit irrégulier)

“originating Act” means an Act which authorizes a person to apply for an entry warrant;(loi habilitante)

“place” includes a vehicle and a vessel;(endroit)

“police officer” means a police officer as defined in the Police Act and a member of the Royal Canadian Mounted Police;(agent de police)

“regulated place” means(endroit reglémenté)

(a) a place which is licensed or otherwise authorized for the carrying on of an activity which can only be carried on lawfully at a place so licensed or authorized, and

(b) a place which a person who is licensed or otherwise authorized to carry on an activity which can only be carried on lawfully by a person so licensed or authorized regularly uses for the purposes of that activity.

Application for entry warrant

2(1)An application for an entry warrant may be made by any person authorized by an Act to make such an application.

2(2)An application for an entry warrant shall be made ex parte to a judge, and shall be

(a) in prescribed form, and

(b) made on oath or solemn affirmation.

2(3)The information contained in an application for an entry warrant shall include

(a) an identification of the originating Act and of the status of the applicant under that Act,

(b) a description of the place to which the application relates,

(c) a statement that the applicant believes that the place to which the application relates is, as the case may be,

(i) a regulated place,

(ii) a non-conforming place, or

(iii) neither a regulated nor a non-conforming place, and

(d) an identification of the statutory functions that the applicant has, and proposes to discharge, in relation to that place.

Powers of judge to issue entry warrant

3(1)If the judge is satisfied that

(a) the applicant is a person authorized under the originating Act to discharge the statutory functions identified in the application, and

(b) the place to be entered is

(i) a regulated place,

(ii) a place that there are reasonable grounds to believe is a non-conforming place, or

(iii) any other place which the applicant has some bona fide reason for requiring to enter for the purposes of the originating Act,

the judge shall issue an entry warrant in prescribed form.

3(2)An entry warrant shall name the person who is authorized to execute it and shall identify the place to be entered.

Powers of person authorized to execute entry warrant

4(1)A person authorized to execute an entry warrant

(a) may enter the place to which the warrant relates and do anything there that the originating Act permits;

(b) while acting under paragraph (a), may seize anything that there are reasonable grounds to believe may afford evidence of an offence under

(i) the originating Act, or

(ii) any other Act under which the person executing the warrant has statutory functions; and

(c) may use reasonable force for the purposes of paragraphs (a) and (b).

4(2)A person authorized to execute an entry warrant may be accompanied and assisted

(a) by any other person who has statutory authority to discharge the functions for the purposes of which the entry warrant was applied for, and

(b) for the purpose of providing protection, by a police officer.

4(3)Anything seized under this section shall be dealt with

(a) in accordance with the originating Act or the Act described in subparagraph (1)(b)(ii), as the case may be, if such Act provides a procedure for dealing with it, or

(b) if such Act does not provide a procedure for dealing with it, in accordance with the Provincial Offences Procedure Act, as though the thing seized had been seized under a search warrant issued under that Act.

2008, c.11, s.11

Obligations of person executing entry warrant

5(1)An entry warrant shall be executed on any day except a Saturday or a Sunday or other holiday, between 8:00 a.m. and 6:00 p.m., unless the judge, in the light of the nature of the place to be entered and the purposes of the entry, authorizes its execution on a Saturday or a Sunday or other holiday or at some other hour.

5(2)A person executing an entry warrant shall

(a) if so requested by a person in the place to be entered, show that person a copy of the warrant, and

(b) if nobody is in the place entered when the warrant is executed, leave a copy of the warrant there in a prominent location.

Matters not affected by issue of entry warrant

6The fact that a person is authorized under an originating Act to apply for an entry warrant does not affect

(a) the question of whether force may be used for the purposes of the originating Act otherwise than pursuant to an entry warrant, or

(b) the question of whether a person commits an offence under the originating Act by denying any person entry or access to any place or thing.

Regulations

7The Lieutenant-Governor in Council may make regulations prescribing forms for the purposes of this Act.

Commencement

8This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

N.B. This Act was proclaimed and came into force December 1, 1988.

N.B. This Act is consolidated to September 1, 2011.

E-9.2 - Entry Warrants Act

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