|
|
|
|
| Authority to
issue warrant
for search and
seizure
|
220. (1) Where on ex parte application a
justice is satisfied by information on oath that
there are reasonable grounds to believe that
there is in any place
|
|
|
|
(a) any thing by means of or in relation to
which any provision of this Act or the
regulations has been contravened, or
|
|
|
|
(b) any thing that there are reasonable
grounds to believe will afford evidence with
respect to the commission of any offence
under this Act,
|
|
|
|
the justice may issue a warrant authorizing
any inspector or investigator or authorizing
any other person named in the warrant, to en
ter and search the place and to seize any thing
referred to in paragraph (a) or (b) subject to
such conditions as may be specified in the
warrant.
|
|
| Warrant for
seizure of
ships, etc.
|
(2) Where on ex parte application a justice
is satisfied by information on oath that there
are reasonable grounds to believe that an
offence has been committed under section 272
by an owner of any ship, aircraft, platform or
other structure, the justice may issue a warrant
authorizing any inspector or investigator, or
authorizing any other person named in the
warrant, to seize the ship, aircraft, platform or
structure anywhere in Canada and, in the case
of a ship, platform or structure, within Cana
dian waters.
|
|
| Search and
seizure
|
(3) A person authorized by a warrant issued
under subsection (1) or (2) may
|
|
|
|
(a) at any reasonable time enter and search
a place referred to in the warrant;
|
|
|
|
(b) seize and detain any thing referred to in
the warrant; and
|
|
|
|
(c) exercise the powers described in subsec
tion 218(11) or (14).
|
|
| Where
warrant not
necessary
|
(4) An inspector or investigator may exer
cise the powers described in subsection (3)
without a warrant if the conditions for obtain
ing the warrant exist but by reason of exigent
circumstances it would not be practical to
obtain the warrant.
|
|
| Exigent
circumstances
|
(5) For greater certainty, exigent circum
stances include circumstances in which the
delay necessary to obtain a warrant under
subsection (1) or (2) would result in danger to
human life or the environment or the loss or
destruction of evidence.
|
|
| Operation of
computer
system and
copying
equipment
|
(6) A person authorized under this section
to search a place may
|
|
|
|
(a) use or cause to be used any computer
system at the place to search any data
contained in or available to the computer
system;
|
|
|
|
(b) reproduce any record or cause it to be
reproduced from the data in the form of a
printout or other intelligible output;
|
|
|
|
(c) seize the printout or other output for
examination or copying; and
|
|
|
|
(d) use or cause to be used any copying
equipment at the place to make copies of the
record.
|
|
| Duty of
person in
possession or
control
|
(7) Every person who is in possession or
control of any place in respect of which a
search is carried out under this section shall
permit the person carrying out the search to do
anything referred to in subsection (6).
|
|
| Custody
|
221. (1) Any ship, aircraft, platform or other
structure seized under section 220 shall be
delivered into the custody of such person as
the Minister directs.
|
|
| Discharge of
cargo
|
(2) Where a thing seized under section 220
has cargo on board, the cargo may be dis
charged, under the supervision of the person
into whose custody the thing was delivered, at
the port or place in Canada capable of
receiving the cargo that is nearest to the place
of seizure or at such other port or place as is
satisfactory to that person.
|
|
| Sale of
perishable
cargo
|
(3) Where a thing seized under section 220
has cargo on board that is perishable, the
inspector by whom the thing was seized or, if
the thing has been delivered into the custody
of a person in accordance with subsection (1),
that person may sell the cargo or the portion
thereof that is perishable, as the case may be,
and the proceeds of the sale shall be paid to the
Receiver General or shall be deposited in a
bank to the credit of the Receiver General.
|
|
| Order for
delivery of
cargo
|
(4) The owner of any cargo of any thing
seized under section 220 may apply to the
Federal Court for an order requiring any
person who has custody of the cargo or the
proceeds of any sale thereof to deliver the
cargo or the proceeds of sale to the owner, and
the Court may make such an order where it is
satisfied that the applicant is the owner of the
cargo to which the application relates.
|
|
| Redelivery on
deposit of
security
|
222. (1) Where a ship, aircraft, platform or
other structure has been seized under section
220, the Federal Court may, with the consent
of the Minister, order redelivery of the thing or
delivery of the proceeds realized from a sale
of any perishable cargo under subsection
221(3) to the person from whom the thing was
seized if security in the form of a bond in an
amount and form satisfactory to the Minister
is given to the Minister.
|
|
| Seized ship,
etc., to be
returned
unless
proceedings
instituted
|
(2) Any thing referred to in subsection (1)
that has been seized under section 220, or any
security given to the Minister under subsec
tion (1) shall be returned or paid to the person
from whom the thing was seized within 30
days after the seizure unless, prior to the
expiration of those 30 days, proceedings are
instituted in respect of an offence under
section 272 alleged to have been committed
by the owner of the thing.
|
|
|
|
|
|
| Seizure
|
223. (1) Whenever during the course of an
inspection or a search an inspector has reason
able grounds to believe that any provision of
this Act or the regulations has been contra
vened, the inspector may seize and detain any
thing
|
|
|
|
(a) by means of or in relation to which the
inspector reasonably believes the con
travention occurred; or
|
|
|
|
(b) that the inspector reasonably believes
will afford evidence of the contravention.
|
|
| Limitation
|
(2) An inspector shall not seize any thing
under subsection (1) unless the thing is
required as evidence or for purposes of
analysis or the inspector is of the opinion that
the seizure is necessary in the public interest.
|
|
| Notice of
contravention
|
(3) An inspector who has seized and
detained any thing under subsection (1) shall,
as soon as practicable, advise the person in
whose possession it was at the time of seizure
of the provision of this Act or the regulations
that the inspector believes has been contra
vened.
|
|
| Detention and
release
|
(4) Any thing seized under subsection (1) or
section 220, other than a ship, aircraft, plat
form or other structure, shall not be detained
|
|
|
|
(a) after the owner of the thing or the person
in whose possession it was at the time of
seizure applies to the inspector or to the
Minister for its release and the inspector or
the Minister is satisfied that it is not
necessary in the public interest to continue
to detain the thing or that it is not required
as evidence or for purposes of analysis; or
|
|
|
|
(b) after the expiration of 90 days after the
day of seizure, unless before that time
|
|
|
|
(i) the thing has been forfeited under
section 229,
|
|
|
|
(ii) proceedings have been instituted in
respect of the contravention in relation to
which the thing was seized, in which case
it may be detained until the proceedings
are finally concluded, or
|
|
|
|
(iii) the Minister has served or made
reasonable efforts to serve notice of an
application for an order extending the
time during which the thing may be
detained in accordance with section 224.
|
|
| Storage of
seized thing
|
(5) A thing seized by an inspector under
subsection (1) or section 220, other than a
ship, aircraft, platform or other structure, shall
be kept or stored in the place where it was
seized except where
|
|
|
|
(a) in the opinion of the inspector,
|
|
|
|
(i) it is not in the public interest to do so,
or
|
|
|
|
(ii) the thing seized, or a sample of it, is
required as evidence and removal and
storage of the thing seized is necessary to
ensure that the thing or sample will be
available as evidence in any related
proceedings, or
|
|
|
|
(b) the person in whose possession it was at
the time of seizure or the person entitled to
possession of the place requests the inspec
tor to have it removed to some other place,
|
|
|
|
in which case it may be removed to and stored
in any other place at the direction of or with the
concurrence of an inspector and at the expense
of the person who requested that it be so re
moved.
|
|
| Interference
with seized
thing
|
(6) Unless authorized by an inspector, no
person shall remove, alter or interfere in any
way with any thing seized and detained by an
inspector under subsection (1) or section 220,
but an inspector shall, at the request of the
person from whom it was seized, allow that
person or any person authorized by that person
to examine it and, where practicable, furnish
a sample or copy thereof to such person.
|
|
| Application to
extend period
of detention
|
224. (1) Where proceedings have not been
instituted in respect of the contravention in
relation to which any thing was seized under
section 220 or subsection 223(1), the Minister
may, before the expiration of 90 days after the
day of seizure and on serving prior notice in
accordance with subsection (2) on the owner
of the thing or on the person who at the time
of seizure was in possession of it, apply to a
provincial court judge, as defined in section 2
of the Criminal Code, within whose territorial
jurisdiction the seizure was made for an order
extending the time during which it may be
detained.
|
|
| Notice
|
(2) A notice shall be served by personal
service at least five clear days before the day
on which the application is to be made to the
provincial court judge or by registered mail at
least seven clear days before that day and shall
specify
|
|
|
|
(a) the provincial court in which the
application is to be made;
|
|
|
|
(b) the place where and the time when the
application is to be heard;
|
|
|
|
(c) the thing seized in respect of which the
application is to be made; and
|
|
|
|
(d) the grounds on which the Minister
intends to rely to show why there should be
an extension of the time during which the
thing seized may be detained.
|
|
| Order of
extension
granted
|
(3) Where, on the hearing of an application
made under subsection (1), the judge is
satisfied that the thing seized should continue
to be detained, the judge shall order
|
|
|
|
(a) that the thing be detained for such
additional period of time and on such
conditions relating to the detention for that
additional period of time as the judge
considers proper; and
|
|
|
|
(b) on the expiration of the additional
period of time, that the thing be restored to
the person from whom it was seized or to
any other person entitled to possession of it
unless before the expiration of the addition
al period of time an event referred to in
subparagraph 223(4)(b)(i), (ii) or (iii) has
occurred.
|
|
| Order of
extension
refused
|
(4) Where, on the hearing of an application
made under subsection (1), the judge is not
satisfied that the thing seized should continue
to be detained, the judge shall order that, on
the expiration of 90 days after the day of
seizure, it be restored to the person from
whom it was seized or to any other person
entitled to possession of it unless, before the
expiration of the 90 days, an event referred to
in subparagraph 223(4)(b)(i) or (ii) has oc
curred.
|
|
| Order for
restoration
|
(5) Where, at the time of the hearing of an
application made under subsection (1), 90
days have expired after the day of seizure, the
judge shall order the restoration of the thing
without delay to the person from whom it was
seized or to any other person entitled to
possession of it.
|
|
|
|
|
|
| Detention of
ships
|
225. (1) Where an inspector has reasonable
grounds to believe that the owner or master of
a ship has committed an offence under section
272 and that a ship was used in connection
with the commission of the offence, the
inspector may make a detention order in
respect of the ship.
|
|
| Order in
writing
|
(2) A detention order made under subsec
tion (1) shall be in writing and addressed to all
persons at any port in Canada where the ship
to which the order relates is or will be who are
empowered to give a clearance in respect of
the ship.
|
|
| Notice of
detention
order
|
(3) Notice of a detention order made under
subsection (1) shall be served on the master of
the ship in respect of which the order is made.
|
|
| Duty of owner
or master of
ship
|
(4) Where notice of a detention order made
under subsection (1) has been served on the
master of the ship, the owner or master of the
ship shall not give an order for the ship to go
into an area of the sea referred to in paragraph
122(2)(f) or (g) during the term of the
detention order.
|
|
| Duty of
persons
empowered to
give clearance
|
(5) Subject to subsection (6), no person to
whom a detention order made under subsec
tion (1) is addressed shall, after notice of the
order is received by the person, give clearance
in respect of the ship to which the order
relates.
|
|
| When
clearance
given
|
(6) A person to whom a detention order
made under subsection (1) is addressed and
who has received notice of the order may give
clearance in respect of the ship to which the
order relates where
|
|
|
|
(a) the owner or master of the ship
|
|
|
|
(i) has not, within 30 days after the order
was made, been charged with the offence
that gave rise to the making of the order,
or
|
|
|
|
(ii) has, within 30 days after the order was
made, been charged with that offence and
appears in Canada to answer to the
charge;
|
|
|
|
(b) security for payment of the maximum
fine that might be imposed as a result of a
conviction of the person charged with that
offence and of costs related to proceedings
in connection with the charge, or payment
of such lesser amount as is approved by the
Minister or a person designated by the
Minister for such purpose, is given to Her
Majesty in right of Canada; or
|
|
|
|
(c) proceedings in respect of the alleged
offence that gave rise to the making of the
detention order are discontinued.
|
|