Originally Posted by canadiantdi
Search
27(1) A fishery officer or fishery guardian may,
(a) on obtaining a warrant, or
(b) without a warrant if the officer or guardian believes on reasonable and probable grounds that it is not practical to obtain a warrant because the necessary delay may result in the loss of evidence,
search for fish and fishing equipment in any vehicle, aircraft, boat or other watercraft or railway car, or in any business premises, building, tent or structure unless it is used as a private dwelling, when, on reasonable grounds, the officer or guardian believes that fish or fishing equipment is contained there.
(2) A fishery officer or fishery guardian may require the operator or person in possession of a vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container to produce all fish and fishing equipment in or on the vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container for the purpose of inspection and to determine the number, species and size of the fish and to ascertain whether the fish are fit for human consumption, diseased or infested with parasites, if
(a) any fish or fishing equipment in or on the vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container is in plain view of the officer or guardian, or
(b) the officer or guardian believes, on reasonable and probable grounds, that the vehicle, aircraft, boat or other watercraft, railway car, animal, pack or container contains or is carrying fish or fishing equipment.
(3) A fishery officer or fishery guardian may require the owner or occupant of any business premises, building, tent or other structure that is not used as a private dwelling to produce all fish and fishing equipment in the business premises, building, tent or structure for the purpose of inspection and to determine the number, species and size of the fish and to ascertain whether the fish are fit for human consumption, diseased or infested with parasites, if
(a) any fish or fishing equipment in the business premises, building, tent or other structure is in plain view of the officer or guardian, or
(b) the officer or guardian believes, on reasonable and probable grounds, that the business premises, building, tent or other structure contains fish or fishing equipment.
(4) When a fishery officer or fishery guardian requires a person to produce fish or fishing equipment for inspection under this section, that person shall forthwith produce all fish and fishing equipment in or on the vehicle, aircraft, boat or other watercraft, railway car, animal, pack, container, business premises, building, tent or other structure to the officer or guardian.
|