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An Act to amend the Customs Act and the
Criminal Code
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[Assented to 12th May, 1998]
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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| R.S., c. 1 (2nd
Supp.); R.S.,
c. 7 (2nd
Supp.), cc. 26,
41 (3rd
Supp.), cc. 1,
47 (4th
Supp.); 1988,
c. 65; 1990,
cc. 8, 16, 17,
36, 45; 1992,
cc. 1, 28, 31,
51; 1993, cc.
25, 27, 28, 44;
1994, cc. 13,
37, 47; 1995,
cc. 15, 39, 41;
1996, cc. 16,
31, 33; 1997,
cc. 14, 18
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1. The Customs Act is amended by adding
the following after section 163.3:
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| Designation
by Minister
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163.4 (1) The Minister may designate any
officer for the purposes of this Part and shall
furnish the officer with a certificate of
designation.
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| Admissibility
of certificate
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(2) A certificate of designation is
admissible in evidence as proof of an officer's
designation without proof of the signature or
official character of the person appearing to
have signed it.
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| Powers of
designated
officers
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163.5 (1) In addition to the powers
conferred on an officer for the enforcement of
this Act, a designated officer who is at a
customs office and is performing the normal
duties of an officer has, in relation to a
criminal offence under any other Act of
Parliament, the powers and obligations of a
peace officer under sections 495 to 497 of the
Criminal Code, and subsections 495(3) and
497(3) of that Act apply to the designated
officer as if he or she were a peace officer.
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| Impaired
driving
offences
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(2) A designated officer who is at a customs
office and is performing the normal duties of
an officer has the powers and obligations of a
peace officer under sections 254 and 256 of
the Criminal Code and may, on demanding
samples of a person's blood or breath under
subsection 254(3) of that Act, require that the
person accompany the officer, or a peace
officer referred to in paragraph (c) of the
definition ``peace officer'' in section 2 of that
Act, for the purpose of taking the samples.
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| Power to
detain
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(3) A designated officer who arrests a
person in the exercise of the powers conferred
under subsection (1) may detain the person
until the person can be placed in the custody
of a peace officer referred to in paragraph (c)
of the definition ``peace officer'' in section 2
of the Criminal Code.
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| Limitation on
powers
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(4) A designated officer may not use any
power conferred on the officer for the
enforcement of this Act for the sole purpose of
looking for evidence of a criminal offence
under any other Act of Parliament.
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| R.S., c. C-46;
R.S., cc. 2, 11,
27, 31, 47, 51,
52 (1st
Supp.), cc. 1,
24, 27, 35
(2nd Supp.),
cc. 10, 19, 30,
34 (3rd
Supp.), cc. 1,
23, 29, 30, 31,
32, 40, 42, 50
(4th Supp.);
1989, c. 2;
1990, cc. 15,
16, 17, 44;
1991, cc. 1, 4,
28, 40, 43;
1992, cc. 1,
11, 20, 21, 22,
27, 38, 41, 47,
51; 1993, cc.
7, 25, 28, 34,
37, 40, 45, 46;
1994, cc. 12,
13, 38, 44;
1995, cc. 5,
19, 22, 27, 29,
32, 39, 42;
1996, cc. 8,
16, 19, 31, 34;
1997, cc. 9,
16, 17, 18, 23,
30
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2. The portion of subsection 498(1) of the
Criminal Code before paragraph (a) is
replaced by the following:
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| Release from
custody by
officer in
charge
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498. (1) Where a person who has been
arrested without warrant by a peace officer is
taken into custody, or where a person who has
been arrested without warrant and delivered to
a peace officer under subsection 494(3) or
placed in the custody of a peace officer under
subsection 163.5(3) of the Customs Act is
detained in custody under subsection 503(1)
for
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3. The portion of subsection 503(1) of the
Act before paragraph (a) is replaced by the
following:
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| Taking before
justice
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503. (1) A peace officer who arrests a
person with or without warrant or to whom a
person is delivered under subsection 494(3) or
into whose custody a person is placed under
subsection 163.5(3) of the Customs Act shall
cause the person to be detained in custody and,
in accordance with the following provisions,
to be taken before a justice to be dealt with
according to law:
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| Coming into
force
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4. This Act or any of its provisions comes
into force on a day or days to be fixed by
order of the Governor in Council.
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