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(b) provide the enforcement officer or
analyst with any information with respect to
the administration of this Act that he or she
may reasonably require.
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| Production of
documents
and samples
|
31. (1) The Minister may, for the purposes
of this Act, by registered letter or by a demand
served personally, require any person in
Canada, within any reasonable time and in any
reasonable manner that may be stipulated in
the letter or demand,
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(a) to produce at a place specified by the
Minister any sample taken in Canada or any
document; or
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(b) to conduct any tests in Canada or take
any measurements or samples there.
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| Compliance
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(2) Any person who is required to do
anything under subsection (1) shall, despite
any other law to the contrary, comply with the
requirement.
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| Authority to
issue warrant
for search and
seizure
|
32. (1) If, 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 in Canada
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(a) anything by means of or in relation to
which any provision of this Act or the
regulations has been contravened, or
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(b) anything that there are reasonable
grounds to believe will afford evidence with
respect to the commission of an offence
under this Act,
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the justice may issue a warrant authorizing an
enforcement officer, or 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.
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| Warrant for
seizure of
vessel or
aircraft
|
(2) If, 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 by a Canadian vessel or
the pilot in command of a Canadian aircraft,
he or she may issue a warrant authorizing an
enforcement officer, or authorizing any other
person named in the warrant, to seize the
vessel or aircraft anywhere in Canada.
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| Search and
seizure
|
(3) A person authorized by a warrant issued
under subsection (1) or (2) may
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(a) at any reasonable time, enter and search
a place referred to in the warrant;
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(b) seize and detain anything referred to in
the warrant; and
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(c) exercise the powers described in
subsections 30(9) and (11).
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| Where
warrant not
necessary
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(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.
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| 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 a
danger to human life or the environment or the
loss or destruction of evidence.
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| Operation of
computer
system and
copying
equipment
|
(6) A person authorized under this section
to search a place may
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(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;
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(b) reproduce any record or cause it to be
reproduced from the data in the form of a
printout or other intelligible output;
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(c) seize any printout or other output for
examination or copying; or
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(d) use or cause to be used any copying
equipment at the place to make copies of the
record.
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| Duty of
person in
possession or
control
|
(7) Every person who is in possession or
control of a place where a search is carried out
under this section shall permit the person
carrying out the search to do anything referred
to in subsection (6).
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| Custody
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33. (1) Anything seized under section 32
must be delivered into the custody of a person
whom the Minister designates.
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| Discharge of
cargo
|
(2) If a thing seized under section 32 has
cargo on board, the cargo may be discharged,
under the supervision of
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(a) the enforcement officer or other person
by whom the thing was seized, or
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(b) the person into whose custody the thing
was delivered in accordance with
subsection (1),
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at the place in Canada that is capable of
receiving the cargo and 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.
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| Sale of
perishable
cargo
|
(3) If a thing seized under section 32 has
cargo on board that is perishable,
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(a) the enforcement officer or other person
by whom the thing was seized, or
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(b) the person into whose custody the thing
was delivered in accordance with
subsection (1)
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may sell the cargo or the portion of it that is
perishable, 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.
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| Order for
delivery of
cargo
|
(4) The owner of the cargo may apply to the
Federal Court for an order requiring the person
who has custody of the cargo or the proceeds
of any sale of the cargo to deliver the cargo or
proceeds to the owner, and the Court may
make the order if it is satisfied that the
applicant is the owner of the cargo to which
the application relates.
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| Redelivery on
deposit of
security
|
34. (1) If a thing has been seized under
section 32, 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 33(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.
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| Seized vessel
etc., to be
returned
unless
proceedings
instituted
|
(2) Anything referred to in subsection (1)
that has been seized under section 32, 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 day of its seizure unless,
before the expiry of that period, proceedings
are instituted in respect of an offence under
this Act alleged to have been committed by the
owner of the thing.
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| Seizure
|
35. (1) Whenever, during the course of an
inspection or search, an enforcement officer
has reasonable grounds to believe that an
offence under this Act has been committed,
the enforcement officer may seize and detain
anything
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(a) by means of or in relation to which the
enforcement officer reasonably believes the
offence occurred; or
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(b) that the enforcement officer reasonably
believes will afford evidence of the offence.
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| 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 unless the enforcement officer is
of the opinion that the seizure is necessary in
the public interest.
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| Notice of
contravention
|
(3) An enforcement officer who has seized
and detained a thing under subsection (1)
shall, as soon as 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.
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| Detention and
release
|
(4) A thing seized under subsection (1) or
section 32, other than a vessel or aircraft, shall
not be detained
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(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 the thing is not required as evidence or
for purposes of analysis; or
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(b) after the expiry of 90 days after the day
of its seizure, unless before that time
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(i) the thing has been forfeited under
section 40,
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(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
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(iii) the Minister has, in accordance with
section 36, served or made reasonable
efforts to serve notice of an application
for an order extending the period during
which the thing may be detained.
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| Storage of
seized thing
|
(5) A thing seized by an enforcement officer
under subsection (1) or section 32, other than
a vessel, aircraft, platform or other structure,
shall be kept or stored in the place where it was
seized except if
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(a) in the opinion of the enforcement
officer,
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(i) it is not in the public interest to do so,
or
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(ii) the thing seized, or a sample of it, is
required as evidence and removal and
storage of the thing seized are necessary
to ensure that the thing or sample will be
available as evidence in any related
proceedings, or
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(b) the person in whose possession it was at
the time of its seizure or the person entitled
to possession of the place requests the
enforcement officer to have it removed to
some other place,
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in which case, the thing 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 removed.
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| Interference
with seized
thing
|
(6) Unless authorized by an enforcement
officer, no person shall remove, alter or
interfere in any way with a thing seized and
detained by an enforcement officer under
subsection (1) or section 32, 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, if practicable, provide a
sample or copy of it to that person.
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| Application to
extend period
of detention
|
36. (1) If proceedings referred to in
paragraph 35(4)(b) have not been instituted in
respect of the contravention in relation to
which a thing was seized under section 32 or
subsection 35(1), the Minister may, before the
expiry of 90 days after the day of its 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
period during which it may be detained.
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| Notice
|
(2) The notice shall be served by personal
service at least five clear days before the day
on which the application is to be made, or by
registered mail at least seven clear days before
that day, and shall specify
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(a) the provincial court in which the
application is to be made;
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(b) the place where and the time when the
application is to be heard;
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(c) the thing seized in respect of which the
application is to be made; and
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(d) the grounds on which the Minister
intends to rely to show why there should be
an extension of the period during which the
thing seized may be detained.
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| Order of
extension
granted
|
(3) If, 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
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(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
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(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 35(4)(b)(i), (ii)
or (iii) has occurred.
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| Order of
extension
refused
|
(4) If, 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 its 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 that
period, an event referred to in subparagraph
35(4)(b)(i) or (ii) has occurred.
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| Detention
|
37. (1) If an enforcement officer has
reasonable grounds to believe that
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(a) a Canadian vessel has committed an
offence under this Act, or
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(b) an authorized representative or master
of a Canadian vessel has committed an
offence under this Act and that a Canadian
vessel was used in connection with the
commission of the offence,
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the enforcement officer may make a detention
order in respect of the vessel.
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| Order in
writing
|
(2) The detention order shall be in writing
and be addressed to all persons at any port in
Canada where the vessel to which the order
relates is or will be who are empowered to give
a clearance in respect of the vessel.
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| Notice of
detention
order
|
(3) Notice of the detention order shall be
served on the master of the vessel in respect of
which the order is made.
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| Duty of
authorized
representative
or master
|
(4) If the notice has been served on the
master of the vessel, the authorized
representative or master of the vessel shall not
give an order for the vessel to go into an area
of the sea referred to in paragraph 122(2)(f) or
(g) of the Canadian Environmental Protection
Act, 1999 during the term of the detention
order.
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| Duty of
persons
empowered to
give clearance
|
(5) Subject to subsection (6), no person to
whom a detention order is addressed shall,
after notice of the order is received by the
person, give clearance in respect of the vessel
to which the order relates.
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| When
clearance
given
|
(6) A person to whom a detention order is
addressed and who has received notice of the
order may give clearance in respect of the
vessel to which the order relates if
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(a) the authorized representative or master
of the vessel
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(i) has not, within 30 days after the day on
which the order was made, been charged
with the offence that gave rise to the
order, or
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(ii) has, within 30 days after the day on
which the order was made, been charged
with that offence and appears in Canada
to answer to the charge;
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(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 security
for payment of any lesser amount that is
approved by the Minister or a person
designated by the Minister for the purpose,
is given to Her Majesty in right of Canada;
or
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(c) proceedings in respect of the alleged
offence that gave rise to the making of the
detention order are discontinued.
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