Marginal note:Seizure of explosives
492. (1) Every person who executes a warrant issued under section 487 or 487.1 may seize any explosive substance that he suspects is intended to be used for an unlawful purpose, and shall, as soon as possible, remove to a place of safety anything that he seizes by virtue of this section and detain it until he is ordered by a judge of a superior court to deliver it to some other person or an order is made pursuant to subsection (2).
(2) Where an accused is convicted of an offence in respect of anything seized by virtue of subsection (1), it is forfeited and shall be dealt with as the court that makes the conviction may direct.
Marginal note:Application of proceeds
(3) Where anything to which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General.
- R.S., 1985, c. C-46, s. 492;
- R.S., 1985, c. 27 (1st Supp.), s. 70.
Marginal note:Information for tracking warrant
492.1 (1) A justice who is satisfied by information on oath in writing that there are reasonable grounds to suspect that an offence under this or any other Act of Parliament has been or will be committed and that information that is relevant to the commission of the offence, including the whereabouts of any person, can be obtained through the use of a tracking device, may at any time issue a warrant authorizing a peace officer or 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 who is named in the warrant
(a) to install, maintain and remove a tracking device in or on any thing, including a thing carried, used or worn by any person; and
(b) to monitor, or to have monitored, a tracking device installed in or on any thing.
Marginal note:Time limit for warrant
(2) A warrant issued under subsection (1) is valid for the period, not exceeding sixty days, mentioned in it.
Marginal note:Further warrants
(3) A justice may issue further warrants under this section.
Definition of “tracking device”
(4) For the purposes of this section, “tracking device” means any device that, when installed in or on any thing, may be used to help ascertain, by electronic or other means, the location of any thing or person.
Marginal note:Removal after expiry of warrant
(5) On ex parte application in writing supported by affidavit, the justice who issued a warrant under subsection (1) or a further warrant under subsection (3) or any other justice having jurisdiction to issue such warrants may authorize that the tracking device be covertly removed after the expiry of the warrant
(a) under any terms or conditions that the justice considers advisable in the public interest; and
(b) during any specified period of not more than sixty days.
- 1993, c. 40, s. 18;
- 1999, c. 5, s. 18.
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