s.31.1 — Search warrant

31.1 (1) The Commission may authorize a person to apply to a justice of the peace for a warrant to enter a place and conduct a search of the place if, (a) a person conducting an inquiry under section 31 has been denied entry to any place or asked to leave a place before concluding a search; (b) a person conducting an inquiry under section 31 made a request for documents or things and the request was refused; or (c) an inquiry under section 31 is otherwise obstructed or prevented. (2) Upon application by a person authorized under subsection (1) to do so, a justice of the peace may issue a warrant under this section if he or she is satisfied on information under oath or affirmation that the warrant is necessary for the purposes of carrying out the inquiry under section 31. (3) A warrant obtained under subsection (2) may authorize a person named in the warrant, upon producing proof of his or her appointment, (a) to enter any place specified in the warrant, including a dwelling; and (b) to do any of the things specified in the warrant. (4) A warrant obtained under subsection (2) shall contain such conditions as the justice of the peace considers advisable to ensure that any search authorized by the warrant is reasonable in the circumstances. (5) An entry under a warrant issued under this section shall be made at such reasonable times as may be specified in the warrant. (6) A warrant issued under this section shall name a date of expiry, which shall be no later than 15 days after the warrant is issued, but a justice of the peace may extend the date of expiry for an additional period of no more than 15 days, upon application without notice by the person named in the warrant. (7) The person authorized to execute the warrant may call upon police officers for assistance in executing the warrant and the person may use whatever force is reasonably necessary to execute the warrant. (8) No person shall obstruct or hinder a person in the execution of a warrant issued under this section. (9) Subsections 31 (11), (12) and (13) apply with necessary modifications to an inquiry carried out pursuant to a warrant issued under this section.