Excise Act, 2001 (S.C. 2002, c. 22)

Assented to 2002-06-13

Search Warrants

Marginal note:Information for search warrant
  •  (1) A judge may at any time issue a warrant signed by the judge authorizing an officer to search a building, receptacle or place for a thing and to seize it if the judge is satisfied by information on oath that there are reasonable grounds to believe that there will be found in the building, receptacle or place anything that there are reasonable grounds to believe will afford evidence in respect of a contravention under this Act.

  • Marginal note:Form of search warrant

    (2) A warrant must refer to the contravention for which it is issued, identify the building, receptacle or place to be searched and be reasonably specific as to the thing to be searched for and seized.

  • Marginal note:Endorsement of search warrant

    (3) If the building, receptacle or place is in a territorial division other than that in which the judge has jurisdiction, the judge may issue the warrant and the warrant may be executed in the other territorial division after it has been endorsed by a judge having jurisdiction in that territorial division.

  • Marginal note:Effect of endorsement

    (4) An endorsement that is made on a warrant as provided for in subsection (3) is sufficient authority to the officers to whom it was originally directed, and to all officers within the jurisdiction of the judge by whom it is endorsed, to execute the warrant and to deal with the things seized in accordance with section 489.1 of the Criminal Code or as otherwise provided by law.

  • Marginal note:Seizure of things not specified

    (5) An officer who executes a warrant may seize, in addition to the things mentioned in the warrant,

    • (a) anything by means of or in relation to which the officer believes on reasonable grounds that a provision of this Act has been contravened; or

    • (b) anything that the officer believes on reasonable grounds will afford evidence in respect of a contravention under this Act.

  • Marginal note:Execution of search warrant

    (6) A warrant shall be executed during the period between 6:00 a.m. and 9:00 p.m. unless

    • (a) the judge is satisfied that there are reasonable grounds for it to be executed outside of that period;

    • (b) the reasonable grounds are included in the information; and

    • (c) the warrant authorizes that it be executed outside of that period.

  • Marginal note:Operation of computer system and copying equipment

    (7) An officer authorized under this section to search a computer system for data may

    • (a) use or cause to be used any computer system at the building or place to search any data contained in or available to the computer system;

    • (b) use or cause to be used any equipment at the building or place to make a copy of the data and to render it in any form; and

    • (c) seize a copy or rendering made under paragraph (b) that may afford evidence in respect of a contravention under this Act.

  • Marginal note:Duty of person in possession or control

    (8) Every person who is in possession or control of any building or place in respect of which a search described by subsection (7) is carried out shall, on presentation of the warrant, provide to the officer carrying out the search all assistance that is necessary to carry out the search.

  • Marginal note:Application of section 490 of Criminal Code

    (9) Section 490 of the Criminal Code applies in respect of anything seized under this section.

  • Extended meaning of “judge”

    (10) In this section and paragraph 262(2)(b), “judge” also means a justice who is authorized under the Criminal Code to issue a search warrant.