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Sections 48 to 49.1 [Contravention of s.46, 47, 34, 38, Power of Entry, Search Warrant]

Bill 139 did not amend sections 48 to 49.1.




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  • 48 WHERE LICENCE, ETC., NOT TO ISSUE

    48. Despite the provisions of any other general or special Act, a licence, permit, approval or permission shall not be issued or granted nor any utility or service provided by a utilities distributor or a public or Crown agency in respect of any land, building or structure where the proposed use of the land or the erection or proposed use of the building or structure would be in contravention of section 46 or of an order made under section 47 or of a by-law passed by a planning board under section 34 or 38.  R.S.O. 1990, c. P.13, s. 48; 1994, c. 23, s. 28; 2006, c. 23, s. 20.

  • 49(1) POWER OF ENTRY

    49(1) In this section,

    “officer” means an officer who has been assigned the responsibility of enforcing section 46, orders of the Minister made under clause 47 (1) (a) or zoning by-laws passed under section 34.

  • 49(2) ENTRY AND INSPECTION

    49(2) Subject to subsection (3), where an officer believes on reasonable grounds that section 46, an order of the Minister made under clause 47 (1) (a) or a by-law passed under section 34 or 38 is being contravened, the officer or any person acting under his or her instructions may, at all reasonable times and upon producing proper identification, enter and inspect any property on or in respect of which he or she believes the contravention is occurring.  R.S.O. 1990, c. P.13, s. 49 (1, 2).

  • 49(3) WHERE WARRANT REQUIRED

    49(3) Except under the authority of a search warrant issued under section 49.1, an officer or any person acting under his or her instructions shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant.  R.S.O. 1990, c. P.13, s. 49 (3); 1994, c. 2, s. 45 (1).

  • 49(4) OBSTRUCTION

    49(4) No person shall obstruct or attempt to obstruct an officer or a person acting under the officer’s instructions in the exercise of a power under this section.  1994, c. 2, s. 45 (2).

  • 49.1(1) SEARCH WARRANT

    49.1(1) A provincial judge or justice of the peace may at any time issue a warrant in the prescribed form authorizing a person named in the warrant to enter and search a building, receptacle or place if the provincial judge or justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that,

    (a) an offence under section 67 has been committed; and

    (b) the entry and search will afford evidence relevant to the commission of the offence.  1994, c. 2, s. 46; 1997, c. 24, s. 226 (7).

  • 49.1(2) SEIZURE

    49.1(2) In a search warrant, the provincial judge or justice of the peace may authorize the person named in the warrant to seize anything that, based on reasonable grounds, will afford evidence relevant to the commission of the offence.  1994, c. 2, s. 46.

  • 49.1(3) RECEIPT AND REMOVAL

    49.1(3) Anyone who seizes something under a search warrant shall,

    (a) give a receipt for the thing seized to the person from whom it was seized; and

    (b) bring the thing seized before the provincial judge or justice of the peace issuing the warrant or another provincial judge or justice to be dealt with according to law.  1994, c. 2, s. 46.

  • 49.1(4) EXPIRY

    49.1(4) A search warrant shall name the date upon which it expires, which shall be not later than fifteen days after the warrant is issued.  1994, c. 2, s. 46.

  • 49.1(5) TIME OF EXECUTION

    49.1(5) A search warrant shall be executed between 6 a.m. and 9 p.m. unless it provides otherwise.  1994, c. 2, s. 46.

  • 49.1(6) OTHER MATTERS

    49.1(6) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of any thing seized under this section.  1994, c. 2, s. 46.

 


Bill 139 received Royal Assent on 12 December 2017, and came into force on 3 April 2018, the day named by proclamation of the Lieutenant Governor. 

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