Marginal note:Designation document to be produced

23. When exercising their enforcement powers, investigators must, on request, show their designation document.

Marginal note:Entry

24. When exercising their enforcement powers, investigators may enter on and pass through or over private property.

Marginal note:Notice of reason for seizure

25. An investigator or a peace officer who seizes rough diamonds or other things must, as soon as is practicable, advise their owner, or the person having the possession, care or control of them at the time of the seizure, of the reason for the seizure and that an application may be made for their return under subsection 27(4).

Marginal note:Storage or removal

26. The investigator or peace officer may store the rough diamonds or other things seized at the place where they were seized or remove them to a secure place for storage.

Marginal note:Duration of detention

• 27. (1) Subject to subsection (3), rough diamonds or other things seized may not be detained after

  • (a) an investigator determines that they meet the requirements of this Act; or

  • (b) the expiry of a period of 180 days after the day of their seizure.

• Marginal note:Return of rough diamonds if no proceedings

  (2) If no prosecution under this Act has been instituted on the expiry of the 180-day period, the rough diamonds or other things seized must be returned to their owner or the person having the possession, care or control of them at the time of their seizure.

• Marginal note:Exception

  (3) If a prosecution under this Act is instituted, the rough diamonds and other things seized may be detained until the proceedings are concluded.

• Marginal note:Application for return

  (4) If a prosecution under this Act is instituted and rough diamonds or other things have been seized but not forfeited, their owner or the person having the possession, care or control of them at the time of their seizure may apply to the court before which the proceedings are being held for an order that the rough diamonds or other things be returned.

• Marginal note:Order

  (5) After hearing the application, the court may order the rough diamonds or other things seized to be returned if the court is satisfied that sufficient evidence exists or may reasonably be obtained without further detaining them.

• Marginal note:Return of rough diamonds on acquittal

  (6) If the accused is acquitted, the court may order that the rough diamonds or other things seized be returned to their owner or the person having the possession, care or control of them at the time of their seizure.

Marginal note:Forfeiture of rough diamonds and other things

28. If a person is convicted of an offence under this Act, the convicting court may, on its own motion or at the request of any party to the proceedings, in addition to any punishment imposed, order the forfeiture to Her Majesty in right of Canada of rough diamonds or other things seized, by means of or in relation to which the offence was committed.