Marginal note:Search for valuable minerals
395. (1) If an information in writing is laid under oath before a justice by a peace officer or by a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and the justice is satisfied that there are reasonable grounds to believe that, contrary to this Act or any other Act of Parliament, any valuable mineral is deposited in a place or held by a person, the justice may issue a warrant authorizing a peace officer or a public officer, if the public officer is named in it, to search any of the places or persons mentioned in the information.
Marginal note:Power to seize
(2) Where, on search, anything mentioned in subsection (1) is found, it shall be seized and carried before the justice who shall order
(a) that it be detained for the purposes of an inquiry or a trial; or
(b) if it is not detained for the purposes of an inquiry or a trial,
(i) that it be restored to the owner, or
(ii) that it be forfeited to Her Majesty in right of the province in which the proceedings take place if the owner cannot be ascertained.
(3) An appeal lies from an order made under paragraph (2)(b) in the manner in which an appeal lies in summary conviction proceedings under Part XXVII and the provisions of that Part relating to appeals apply to appeals under this subsection.
- R.S., 1985, c. C-46, s. 395;
- 1999, c. 5, s. 11.
Marginal note:Offences in relation to mines
396. (1) Every one who
(a) adds anything to or removes anything from any existing or prospective mine, mining claim or oil well with a fraudulent intent to affect the result of an assay, a test or a valuation that has been made or is to be made with respect to the mine, mining claim or oil well, or
(b) adds anything to, removes anything from or tampers with a sample or material that has been taken or is being or is about to be taken from any existing or prospective mine, mining claim or oil well for the purpose of being assayed, tested or otherwise valued, with a fraudulent intent to affect the result of the assay, test or valuation,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
(2) For the purposes of proceedings under subsection (1), evidence that
(a) something has been added to or removed from anything to which subsection (1) applies, or
(b) anything to which subsection (1) applies has been tampered with,
is, in the absence of any evidence to the contrary, proof of a fraudulent intent to affect the result of an assay, a test or a valuation.
- R.S., c. C-34, s. 354.
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