OFM - 14(6)

PART V - Subsection 14.(6)

PART V
FPPA Opinions & Applications

Subsection 14.(6) Warrant Authorizing Entry

SUBSECTION 14.(6)

"A justice of the peace may issue a warrant authorizing the Fire Marshal or a fire chief named in the warrant to enter on land or premises and exercise any of the powers referred to in subsection (2) or (3) if the justice of the peace is satisfied on evidence under oath that there are reasonable grounds to believe that entry on the lands or premises is necessary for the purposes of conducting an investigation into the cause of a fire or of determining whether a substance or device that is likely to cause fire is situated on the land or premises and,

1. the Fire Marshal or fire chief has been denied entry to the land or premises or has been obstructed in exercising any other of those powers with respect to the land or premises; or

 

2. there are reasonable grounds to believe that the Fire Marshal or fire chief will be denied entry to the land or premises or obstructed in exercising any other of those powers with respect to the land or premises."


 

INTENT:

To provide circumstances under which a warrant for entry may be issued.
 

APPLICATION:

 

Q1:

If an occupant refuses entry, but does not or cannot physically obstruct entry (i.e. a fence does not exist), is a warrant required?
 

A1:

Subsection 14.(6)(a) specifically differentiates two cases: where entry is denied or the exercising of powers is obstructed. Therefore, while Subsections 14.(1) and (3) state that entry without a warrant is permitted, if entry is denied, the denial must be respected whether or not a physical barrier exists, and a warrant must be sought.