Customs Act (R.S.C., 1985, c. 1 (2nd Supp.))

Act current to 2016-01-25 and last amended on 2015-08-01. Previous Versions

Marginal note:Powers of entry

 For the purpose of exercising his authority under section 111, an officer may, with such assistance as he deems necessary, break open any door, window, lock, fastener, floor, wall, ceiling, compartment, plumbing fixture, box, container or any other thing.

Marginal note:Limitation for seizures and ascertained forfeitures

 No seizure may be made under this Act or notice sent under section 124 more than six years after the contravention or use in respect of which such seizure is made or notice is sent.

Marginal note:Custody of things seized
  •  (1) Anything that is seized under this Act shall forthwith be placed in the custody of an officer.

  • Marginal note:Report where evidence seized

    (2) Where an officer seizes anything as evidence under this Act, the officer shall forthwith report the circumstances of the case to the President.

  • Marginal note:Return of evidence

    (3) Anything that is seized under this Act as evidence alone shall be returned forthwith on completion of all proceedings in which the thing seized may be required.

  • R.S., 1985, c. 1 (2nd Supp.), s. 114;
  • 1999, c. 17, s. 127;
  • 2005, c. 38, s. 85.
Marginal note:Copies of records
  •  (1) If any record is examined or seized under this Act, the Minister, or the officer by whom it is examined or seized, may make or cause to be made one or more copies of it, and a copy purporting to be certified by the Minister or a person authorized by the Minister is admissible in evidence and has the same probative force as the original would have if it had been proved in the ordinary way.

  • Marginal note:Detention of records seized

    (2) No record that has been seized as evidence under this Act shall be detained for a period of more than three months unless, before the expiration of that period,

    • (a) the person from whom it was seized agrees to its further detention for a specified period;

    • (b) a justice of the peace is satisfied on application that, having regard to the circumstances, its further detention for a specified period is warranted and he or she so orders; or

    • (c) judicial proceedings are instituted in which the seized record may be required.

  • R.S., 1985, c. 1 (2nd Supp.), s. 115;
  • 2001, c. 25, s. 65.
Marginal note:Goods stopped or taken by peace officer

 Where a peace officer detains or seizes anything that he suspects is subject to seizure under this Act, he shall forthwith notify an officer thereof and describe the thing detained or seized to the officer.

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