B-3.1 - Animal Welfare and Safety Act

Section 39 Disposition versions

2015-12-04

39. An inspector who has reasonable cause to believe that an animal, a product or equipment to which an Act the inspector is responsible for enforcing applies is on premises or in a vehicle may, in the performance of inspection duties,

(1)  enter and inspect the premises at any reasonable time;

(2)  inspect a vehicle in which such an animal or product or such equipment is being transported or order any such vehicle to be stopped for inspection;

(3)  examine the animal, product or equipment, open any container found on the premises or in the vehicle and take samples or specimens free of charge;

(4)  record or take photographs of the premises, vehicle, animal, product or equipment; and

(5)  require the production of any books, accounts, registers, records or other documents for examination or for the purpose of making copies or obtaining extracts, if the inspector has reasonable cause to believe that they contain information relating to the enforcement of an Act the inspector is responsible for enforcing or of the regulations under such an Act.

If an animal is in a dwelling house, an inspector may enter the dwelling house with the occupant’s authorization or else with a search warrant obtained in accordance with the Code of Penal Procedure (chapter C-25.1).

On the basis of a sworn statement by the inspector asserting that the inspector has reasonable cause to believe that an animal is in the dwelling house and that the animal’s welfare or safety is compromised, a judge of the Court of Québec or a presiding justice of the peace may issue a warrant, on the conditions the judge or justice indicates, authorizing the inspector to enter the dwelling house, seize the animal and dispose of it in accordance with this chapter.

If the premises or vehicle are unoccupied, the inspector leaves a notice indicating their name, the time of the inspection, as well as the reasons for the inspection.

2015, c. 35, s. 7.