The Act: Table of Contents: Part 10: Search

Part 10: Enforcement - 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) 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.

Exception in relation to ships that are not Canadian ships

(5.1) Despite subsection (4), an enforcement officer may exercise the powers described in subsection (3) without a warrant in relation to a ship that is not a Canadian ship if

(a) the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be practical to obtain the warrant; and

(b) the Attorney General of Canada has consented to the exercise of the powers without a warrant.

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).

Accommodation

(8) A person who is exercising powers described in subsection (3) on a ship, an aircraft, a platform or other structure shall be carried free of charge, and the person in command of the ship or aircraft or in charge of the platform or other structure shall provide the person exercising those powers with suitable accommodation and food free of charge.

1999, c. 33, s. 220; 2005, c. 23, s. 32.

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.

Part 10: Enforcement - Arrest Without Warrant

Arrest without warrant

222.1 An enforcement officer may arrest without warrant a person or ship that the enforcement officer believes, on reasonable grounds, has committed an offence against this Act or the regulations, or that the enforcement officer finds committing or about to commit an offence against this Act or the regulations.

2005, c. 23, s. 33.