Acts and Regulations

2017, c.18 - Local Governance Act

Section 144
Disposition versions

Full text
Inspections
144(1)The following definitions apply in this section.
“dwelling” means a building, any part of which is used or is intended to be used for the purposes of human habitation.(habitation)
“dwelling unit” means one or more rooms located within a dwelling and used or intended to be used for human habitation.(logement)
144(2)If this Act or any other Act or a by-law authorizes an inspection or requires anything to be inspected by a local government, a by-law enforcement officer may, subject to any restrictions set out in the officer’s appointment, after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered to carry out the inspection,
(a) enter the land, building or other structure at any reasonable time, and carry out the inspection,
(b) request that anything be produced to assist in the inspection,
(c) make copies or take extracts of anything related to the inspection,
(d) remove anything produced as a result of a request under paragraph (b) or discovered during the inspection for the purpose of making copies or taking extracts, and
(e) if the officer believes that a meter or other device that measures a product or service has been tampered with, carry out testing of the device.
144(3)A by-law enforcement officer who removes a document or other thing from a place under subsection (2) shall first provide a receipt for it to the owner or occupant of the land, building or other structure and, subject to subsection (4), shall promptly return the document or other thing to the land, building or other structure after making the copies or taking the extracts, as the case may be.
144(4)A by-law enforcement officer may detain for the purposes of evidence any document or other thing that the by-law enforcement officer discovers while acting under this section and believes, on reasonable and probable grounds, may afford evidence of a violation of or a failure to comply with a provision of a by-law, this Act or the regulations.
144(5)Copies of or extracts from documents or things removed from land, a building or other structure under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the documents or things of which they are copies or from which they are extracts.
144(6)Despite section (2), a by-law enforcement officer may only enter a dwelling or dwelling unit, at a reasonable time, for the purpose of making an inspection if the officer has obtained the consent of the occupant or an entry warrant under the Entry Warrants Act.
144(7)A by-law enforcement officer shall display or produce on request identification showing that the by-law enforcement officer is authorized to make the entry.
144(8)When entering any dwelling, dwelling unit, land, building or other structure under this section, a by-law enforcement officer may be accompanied by a person who has special or expert knowledge in relation to the subject matter of the inspection.
144(9)In an emergency, or in extraordinary circumstances, a by-law enforcement officer is not required to give reasonable notice or to enter at a reasonable hour and may do the things referred to in paragraphs (2)(a), (c), (d) or (e) without the consent of the owner or occupant.
144(10)Before or after attempting to enter a dwelling, dwelling unit, land, building or other structure under this section, a by-law enforcement officer may apply for an entry warrant in accordance with the Entry Warrants Act.
144(11)If an entry warrant has been obtained under the Entry Warrants Act, a person who is leasing a dwelling or dwelling unit to another person shall not refuse entry to or obstruct or interfere with a by-law enforcement officer referred to in subsection (2) who under the authority of that subsection is entering or attempting to enter the dwelling or dwelling unit to ensure compliance with a by-law.
2021, c.44, s.4
Inspections
144(1)The following definitions apply in this section.
“dwelling” means a building, any part of which is used or is intended to be used for the purposes of human habitation.(habitation)
“dwelling unit” means one or more rooms located within a dwelling and used or intended to be used for human habitation.(logement)
144(2)If this Act or any other Act or a by-law authorizes an inspection or requires anything to be inspected by a local government, a by-law enforcement officer may, subject to any restrictions set out in the officer’s appointment, after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered to carry out the inspection,
(a) enter the land, building or other structure at any reasonable time, and carry out the inspection,
(b) request that anything be produced to assist in the inspection,
(c) make copies or take extracts of anything related to the inspection,
(d) remove anything produced as a result of a request under paragraph (b) or discovered during the inspection for the purpose of making copies or taking extracts, and
(e) if the officer believes that a meter or other device that measures a product or service has been tampered with, carry out testing of the device.
144(3)A by-law enforcement officer who removes a document or other thing from a place under subsection (2) shall first provide a receipt for it to the owner or occupant of the land, building or other structure and, subject to subsection (4), shall promptly return the document or other thing to the land, building or other structure after making the copies or taking the extracts, as the case may be.
144(4)A by-law enforcement officer may detain for the purposes of evidence any document or other thing that the by-law enforcement officer discovers while acting under this section and believes, on reasonable and probable grounds, may afford evidence of a violation of or a failure to comply with a provision of a by-law, this Act or the regulations.
144(5)Copies of or extracts from documents or things removed from land, a building or other structure under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the documents or things of which they are copies or from which they are extracts.
144(6)Despite section (2), a by-law enforcement officer may only enter a dwelling or dwelling unit, at a reasonable time, for the purpose of making an inspection if the officer has obtained the consent of the occupant or an entry warrant under the Entry Warrants Act.
144(7)A by-law enforcement officer shall display or produce on request identification showing that he or she is authorized to make the entry.
144(8)When entering any dwelling, dwelling unit, land, building or other structure under this section, a by-law enforcement officer may be accompanied by a person who has special or expert knowledge in relation to the subject matter of the inspection.
144(9)In an emergency, or in extraordinary circumstances, a by-law enforcement officer is not required to give reasonable notice or to enter at a reasonable hour and may do the things referred to in paragraphs (2)(a), (c), (d) or (e) without the consent of the owner or occupant.
144(10)Before or after attempting to enter a dwelling, dwelling unit, land, building or other structure under this section, a by-law enforcement officer may apply for an entry warrant in accordance with the Entry Warrants Act.
144(11)If an entry warrant has been obtained under the Entry Warrants Act, a person who is leasing a dwelling or dwelling unit to another person shall not refuse entry to or obstruct or interfere with a by-law enforcement officer referred to in subsection (2) who under the authority of that subsection is entering or attempting to enter the dwelling or dwelling unit to ensure compliance with a by-law.
Inspections
144(1)The following definitions apply in this section.
“dwelling” means a building, any part of which is used or is intended to be used for the purposes of human habitation.(habitation)
“dwelling unit” means one or more rooms located within a dwelling and used or intended to be used for human habitation.(logement)
144(2)If this Act or any other Act or a by-law authorizes an inspection or requires anything to be inspected by a local government, a by-law enforcement officer may, subject to any restrictions set out in the officer’s appointment, after giving reasonable notice to the owner or occupant of the land, building or other structure to be entered to carry out the inspection,
(a) enter the land, building or other structure at any reasonable time, and carry out the inspection,
(b) request that anything be produced to assist in the inspection,
(c) make copies or take extracts of anything related to the inspection,
(d) remove anything produced as a result of a request under paragraph (b) or discovered during the inspection for the purpose of making copies or taking extracts, and
(e) if the officer believes that a meter or other device that measures a product or service has been tampered with, carry out testing of the device.
144(3)A by-law enforcement officer who removes a document or other thing from a place under subsection (2) shall first provide a receipt for it to the owner or occupant of the land, building or other structure and, subject to subsection (4), shall promptly return the document or other thing to the land, building or other structure after making the copies or taking the extracts, as the case may be.
144(4)A by-law enforcement officer may detain for the purposes of evidence any document or other thing that the by-law enforcement officer discovers while acting under this section and believes, on reasonable and probable grounds, may afford evidence of a violation of or a failure to comply with a provision of a by-law, this Act or the regulations.
144(5)Copies of or extracts from documents or things removed from land, a building or other structure under this Act and certified by the person making the copies or taking the extracts as being true copies of or extracts from the originals are admissible in evidence to the same extent as, and have the same evidentiary value as, the documents or things of which they are copies or from which they are extracts.
144(6)Despite section (2), a by-law enforcement officer may only enter a dwelling or dwelling unit, at a reasonable time, for the purpose of making an inspection if the officer has obtained the consent of the occupant or an entry warrant under the Entry Warrants Act.
144(7)A by-law enforcement officer shall display or produce on request identification showing that he or she is authorized to make the entry.
144(8)When entering any dwelling, dwelling unit, land, building or other structure under this section, a by-law enforcement officer may be accompanied by a person who has special or expert knowledge in relation to the subject matter of the inspection.
144(9)In an emergency, or in extraordinary circumstances, a by-law enforcement officer is not required to give reasonable notice or to enter at a reasonable hour and may do the things referred to in paragraphs (2)(a), (c), (d) or (e) without the consent of the owner or occupant.
144(10)Before or after attempting to enter a dwelling, dwelling unit, land, building or other structure under this section, a by-law enforcement officer may apply for an entry warrant in accordance with the Entry Warrants Act.
144(11)If an entry warrant has been obtained under the Entry Warrants Act, a person who is leasing a dwelling or dwelling unit to another person shall not refuse entry to or obstruct or interfere with a by-law enforcement officer referred to in subsection (2) who under the authority of that subsection is entering or attempting to enter the dwelling or dwelling unit to ensure compliance with a by-law.