Marginal note:Approval of loan request
30.19 (1) If the Minister of Justice approves a request of a foreign state under an agreement to have an exhibit that was admitted in evidence in a proceeding in respect of an offence in a court in Canada or in a proceeding before the Tribunal lent to the foreign state, the Minister shall provide the Commissioner with any documents or information necessary to apply for a loan order.
Marginal note:Application for loan order
(2) The Commissioner or the authorized representative of the Commissioner shall apply for a loan order in respect of the exhibit to the court that has possession of the exhibit, or to the Tribunal if it has possession of the exhibit, after having given reasonable notice to the parties to the proceedings and to
(a) to the Attorney General of Canada, in the case of an application to the Federal Court or the Federal Court of Appeal;
(b) the attorney general of the province in which the exhibit is located, in the case of an application to a court other than the Federal Court or the Federal Court of Appeal; or
(c) the Chairman of the Tribunal, in the case of an application to the Tribunal.
Marginal note:Contents of application
(3) An application made under subsection (2) must
(a) contain a description of the exhibit requested to be lent;
(b) designate a person or class of persons to whom the exhibit is sought to be given;
(c) state the reasons for the request and, if any tests are sought to be performed on the exhibit, contain a description of the tests and a statement of the place where they will be performed;
(d) state the place or places to which the exhibit is sought to be removed; and
(e) specify the time at or before which the exhibit is to be returned.
- 2002, c. 8, s. 198, c. 16, s. 3.
Marginal note:Making of loan order
30.2 (1) If the court or the Tribunal, as the case may be, is satisfied that the foreign state has requested the loan for a fixed period and has agreed to comply with the terms and conditions that the court or Tribunal proposes to include in any loan order, the court or Tribunal may, after having considered any representations of the persons to whom notice of the application was given in accordance with subsection 30.19(2), make a loan order.
Marginal note:Terms of loan order
(2) A loan order made under subsection (1) must
(a) contain a description of the exhibit;
(b) order the person who has possession of the exhibit to give it to a person designated in the order or who is a member of a class of persons so designated;
(c) contain a description of any tests authorized to be performed on the exhibit, as well as a statement of the place where the tests must be performed;
(d) fix the place or places to which the exhibit may be removed; and
(e) fix the time at or before which the exhibit must be returned.
Marginal note:Terms and conditions
(3) A loan order made under subsection (1) may include any terms or conditions that the court or the Tribunal considers desirable, including those relating to the preservation of the exhibit.
- 2002, c. 16, s. 3.
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