| Analysts
|
(12) An analyst may, for the purposes of this
Act, accompany an enforcement officer who
is carrying out an inspection of a place under
this section and the analyst may, when so
accompanying an enforcement officer, enter
the place and exercise any of the powers
described in subsections (8) and (10).
|
|
| Operation of
computer
system and
copying
equipment
|
(13) In carrying out an inspection of a place
under this section, an enforcement officer may
|
|
|
|
(a) use or cause to be used any computer
system at the place to examine 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) take a 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
|
(14) Every person who is in possession or
control of a place being inspected under this
section shall permit the enforcement officer to
do anything referred to in subsection (13).
|
|
| Production of
documents
and samples
|
219. (1) The Minister may, for the purposes
of this Act and the regulations, by registered
letter or by a demand served personally,
require any person to produce at a place
specified by the Minister anything referred to
in paragraph 218(10)(c) or any samples
referred to in paragraph 218(10)(d) within any
reasonable time and in any reasonable manner
that may be stipulated therein.
|
|
| Compliance
|
(2) Any person who is required to produce
anything under subsection (1) shall, despite
any other law to the contrary, do so as
required.
|
|
|
|
|
|
| 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) anything by means of or in relation to
which any provision of this Act or the
regulations has been contravened, or
|
|
|
|
(b) anything that there are reasonable
grounds to believe will afford evidence with
respect to the commission of an offence
under this Act,
|
|
|
|
the justice may issue a warrant authorizing an
enforcement officer, or authorizing any other
person named in the warrant, to enter and
search the place and to seize anything referred
to in paragraph (a) or (b) subject to any
conditions that 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 an enforcement officer, 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
Canadian 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 anything referred to in
the warrant; and
|
|
|
|
(c) exercise the powers described in
subsection 218(10) or (13).
|
|
| Where
warrant not
necessary
|
(4) An enforcement officer may exercise
the powers described in subsection (3) without
a warrant if the conditions for obtaining 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
circumstances 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 any 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 a 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 thing seized under section 220
shall be delivered into the custody of any
person that the Minister directs.
|
|
| Discharge of
cargo
|
(2) Where a thing seized under section 220
has cargo on board, the cargo may be
discharged, under the supervision of
|
|
|
|
(a) the enforcement officer or other person
by whom the thing was seized, or
|
|
|
|
(b) the person into whose custody the thing
was delivered in accordance with
subsection (1),
|
|
|
|
at the place in Canada that is capable of
receiving the cargo and that is nearest to the
place of seizure, or at any other place that is
satisfactory to the enforcement officer or other
person supervising the discharge of the cargo.
|
|
| Sale of
perishable
cargo
|
(3) Where a thing seized under section 220
has cargo on board that is perishable,
|
|
|
|
(a) the enforcement officer or other person
by whom the thing was seized, or
|
|
|
|
(b) the person into whose custody the thing
was delivered in accordance with
subsection (1)
|
|
|
|
may sell the cargo or the portion of it 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 anything
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 thing 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) Anything referred to in subsection (1)
that has been seized under section 220, or any
security given to the Minister under
subsection (1), shall be returned or paid to the
person from whom the thing was seized within
30 days after the seizure unless, before the
expiry 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 enforcement officer
has reasonable grounds to believe that a
provision of this Act or the regulations has
been contravened, the enforcement officer
may seize and detain anything
|
|
|
|
(a) by means of or in relation to which the
enforcement officer reasonably believes the
contravention occurred; or
|
|
|
|
(b) that the enforcement officer reasonably
believes will afford evidence of the
contravention.
|
|
| Limitation
|
(2) An enforcement officer shall not seize
anything under subsection (1) unless the thing
is required as evidence or for purposes of
analysis or the enforcement officer is of the
opinion that the seizure is necessary in the
public interest.
|
|
| Notice of
contravention
|
(3) An enforcement officer who has seized
and detained a thing under subsection (1)
shall, as soon as is practicable, advise the
person in whose possession it was at the time
of the seizure of the provision of this Act or the
regulations that the enforcement officer
believes has been contravened.
|
|
| Detention and
release
|
(4) Anything seized under subsection (1) or
section 220, other than a ship, aircraft,
platform 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 the
seizure applies to the enforcement officer or
to the Minister for its release and the
enforcement officer 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 expiry 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 enforcement officer
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 if
|
|
|
|
(a) in the opinion of the enforcement
officer,
|
|
|
|
(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 the seizure or the person entitled
to possession of the place requests the
enforcement officer 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 enforcement officer and at
the expense of the person who requested that
it be so removed.
|
|
| Interference
with seized
thing
|
(6) Unless authorized by an enforcement
officer, no person shall remove, alter or
interfere in any way with anything seized and
detained by an enforcement officer under
subsection (1) or section 220, but an
enforcement officer 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 of it to that person.
|
|
| Application to
extend period
of detention
|
224. (1) Where proceedings have not been
instituted in respect of the contravention in
relation to which a thing was seized under
section 220 or subsection 223(1), the Minister
may, before the expiry of 90 days after the day
of the 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 the 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 any
additional period and on any conditions
relating to the detention for that additional
period that the judge considers proper; and
|
|
|
|
(b) on the expiry of the additional period,
that the thing be restored to the person from
whom it was seized or to any other person
entitled to its possession unless, before the
expiry of the additional period, 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 expiry of 90 days after the day of the
seizure, it be restored to the person from
whom it was seized or to any other person
entitled to its possession unless, before the
expiry of the 90 days, an event referred to in
subparagraph 223(4)(b)(i) or (ii) has occurred.
|
|