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Bill C-74

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First Reading

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	Search
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.
	Detention
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
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.

Bill C-74

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Detention

Detention of Ships