Marginal note:Documents admissible in evidence
  •  (1) A document made, given or issued under this Act and appearing to be signed by an analyst is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document.

  • Marginal note:Attendance of analyst

    (2) The party against whom the document is produced may, with leave of the court, require the attendance of the analyst who signed it.

  • Marginal note:Notice

    (3) No document referred to in subsection (1) may be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the document.

  • 2009, c. 14, s. 116.1.
Marginal note:Detention

 Any thing that has been imported into or is about to be exported from Canada, or has been transported, or is about to be transported, from a province to another province, may be detained by an officer until the officer is satisfied that the thing has been dealt with in accordance with this Act and the regulations.

Marginal note:Inspections
  •  (1) For the purpose of ensuring compliance with this Act and the regulations, an officer may at any reasonable time enter and inspect any place in which the officer believes, on reasonable grounds, there is any thing to which this Act applies, or there are any documents relating to the administration of this Act or the regulations, and the officer may

    • (a) open or cause to be opened any container that the officer believes, on reasonable grounds, contains such a thing;

    • (b) inspect any such thing and take samples free of charge;

    • (c) require any person to produce for inspection or copying, in whole or in part, any document that the officer believes, on reasonable grounds, contains any information relevant to the administration of this Act or the regulations; and

    • (d) seize any thing by means of or in relation to which the officer believes, on reasonable grounds, this Act or the regulations have been contravened or that the officer believes, on reasonable grounds, will afford evidence of a contravention of this Act or the regulations.

  • Marginal note:Analysts

    (1.1) An analyst may, for the purposes of this Act, accompany an officer who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the officer, enter the place and exercise any of the powers described in paragraphs (1)(a) and (b).

  • Marginal note:Conveyance

    (2) For the purposes of carrying out the inspection, an officer may stop a conveyance or direct that it be moved by the route and in the manner that the officer may specify, to a place specified by the officer where the inspection can be carried out.

  • Marginal note:Dwelling-place

    (3) An officer may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant issued under subsection (4).

  • Marginal note:Warrant

    (4) Where on ex parte application a justice of the peace is satisfied by information on oath that

    • (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-place,

    • (b) entry to the dwelling-place is necessary for any purpose in relation to the administration of this Act or the regulations, and

    • (c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused,

    the justice may issue a warrant authorizing an officer to enter the dwelling-place subject to any conditions that may be specified in the warrant.

  • 1992, c. 52, s. 14;
  • 2009, c. 14, s. 117.
Marginal note:Right of passage

 While carrying out duties or functions under this Act, officers and analysts, and any persons accompanying them, may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.

  • 2009, c. 14, s. 118.
Marginal note:Assistance

 The owner or person in charge of a place being inspected under section 14, and every person found in the place, shall

  • (a) give the officer or analyst all reasonable assistance to enable the officer or analyst to carry out their duties or functions under this Act; and

  • (b) provide the officer or analyst with any information with respect to the administration of this Act that he or she may reasonably require.

  • 2009, c. 14, s. 118.
Marginal note:Search without warrant

 For the purpose of ensuring compliance with this Act and the regulations, an officer may exercise the powers of search and seizure provided for in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be feasible to obtain a warrant.

Marginal note:Custody of things seized
  •  (1) An officer who detains or seizes a thing under section 13, 14 or 15 or under a warrant issued under the Criminal Code may retain custody of the thing or transfer custody of it to such person as the officer may designate.

  • Marginal note:Perishable things

    (2) Where a thing referred to in subsection (1) is perishable, the officer may dispose of it or destroy it and any proceeds realized from its disposition shall be paid to the lawful owner of the thing unless proceedings under this Act are instituted within ninety days after the detention or seizure.

Marginal note:Abandonment

 The owner, importer or exporter of any thing detained or seized under this Act may abandon the thing to Her Majesty in right of Canada.

Marginal note:Notice to remove
  •  (1) Where an officer believes, on reasonable grounds, that any thing is being or has been imported into Canada in contravention of this Act or the regulations, the officer may, whether or not the thing is detained or seized, require, by delivering a notice in the prescribed form and manner, that it be removed from Canada in accordance with the regulations.

  • Marginal note:Deadline for removal

    (2) Where a notice to remove a thing is delivered, the removal shall be carried out within the period specified in the notice or, if no such period is specified in the notice, within ninety days after its delivery.

Marginal note:Forfeiture
  •  (1) Where a person is convicted of an offence under this Act, the convicting court may, in addition to any punishment imposed, order that any thing detained or seized, or any proceeds realized from its disposition, be forfeited to Her Majesty.

  • Marginal note:Forfeiture on consent

    (2) Where the owner of a thing detained or seized under this Act consents to its forfeiture, it is thereupon forfeited to Her Majesty.

  • Marginal note:Automatic forfeiture

    (3) Where a thing is detained or seized under this Act, it, or the proceeds realized from its disposition, is forfeited to Her Majesty

    • (a) in the case of a thing that has been detained under section 13, if the thing has not been removed within the period prescribed by the regulations;

    • (b) in the case of a thing that has been seized, if ownership of the thing cannot be ascertained within thirty days after the seizure; and

    • (c) in the case of a thing that is the subject of a notice under section 18, if the thing has not been removed from Canada in compliance with that section.

  • Marginal note:Return of thing where no forfeiture ordered

    (4) Where the convicting court does not order the forfeiture of a detained or seized thing under subsection (1), the thing, or the proceeds realized from its disposition, shall be returned to the lawful owner of the thing or the person in whose possession the thing was at the time of the detention or seizure.

  • Marginal note:Exception

    (5) Where a person is convicted of an offence under this Act, any thing seized or any proceeds realized from its disposition, may be retained until the fine is paid or the thing may be sold under execution in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine.

Marginal note:Disposition by Minister
  •  (1) Where a sample has been taken pursuant to paragraph 14(1)(b) or a thing has been forfeited or abandoned under this Act, it shall be dealt with and disposed of as the Minister may direct.

  • (2) [Repealed, 2009, c. 14, s. 119]

  • 1992, c. 52, s. 20;
  • 2009, c. 14, s. 119.
 
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