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Marginal note:Modifications to section 487.1 of Criminal Code

(2) For the purposes of subsection 14(5) of the Act, section 487.1 of the Criminal Code is to be read as follows:

Marginal note:Telewarrant

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• Marginal note:Submission by means that does not produce writing

  (2) Information submitted by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing, must be on oath and must be recorded verbatim by the justice of the peace, who must, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the record or a transcription of it, certified by the justice of the peace as to time, date and contents.

• Marginal note:Submission by means that produces writing

  (3) The justice of the peace who receives information submitted by a means of telecommunication that produces a writing must, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the information certified by the justice of the peace as to time and date of receipt.

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• (6) Information submitted by telephone or other means of telecommunication must include

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  • (d) a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the investigator has knowledge.

• Marginal note:Issuing warrant

  (7) The justice of the peace may, if satisfied that information submitted by telephone or other means of telecommunication meets the following conditions, issue a warrant to an investigator conferring the same authority respecting search and seizure as may be conferred by a warrant issued by a justice of the peace before whom the investigator appears personally in accordance with subsection 14(4) of the Aeronautics Act and may require that the warrant be executed within the period that the justice of the peace may order:

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• (8) If a justice of the peace issues a warrant by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,

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  • (c) the justice of the peace must, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

• (9) If a justice of the peace issues a warrant by a means of telecommunication that produces a writing,

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  • (d) the justice of the peace must, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

• Marginal note:Providing facsimile

  (10) An investigator who executes a warrant issued by telephone or other means of telecommunication must, before or as soon as practicable after entering the place or premises to be searched, give a facsimile of the warrant to any person who is present and ostensibly in control of the place or premises.

• Marginal note:Affixing facsimile

  (11) An investigator who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication must, on entering or as soon as practicable after entering the place or premises, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.

• Marginal note:Report of investigator

  (12) An investigator to whom a warrant is issued by telephone or other means of telecommunication must file a written report with the clerk of the court for the territorial division in which the warrant was intended for execution as soon as practicable but within a period not exceeding seven days after the warrant has been executed, which report must include

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• Marginal note:Bringing before justice of peace

  (13) The clerk of the court must, as soon as practicable, cause the report, together with the information and the warrant to which it pertains, to be brought before a justice of the peace to be dealt with in the same manner as if the things were seized under a warrant issued, on information presented personally by an investigator, by that justice of the peace or another justice of the peace for the same territorial division.

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• Marginal note:Duplicates and facsimiles – probative force

  (15) A duplicate or a facsimile of information or of a warrant has the same probative force as the original for the purposes of subsection (14).

2 (1) Any civilian who is an owner, pilot-in-command or crew member of an aircraft, has possession of an aircraft as lessee or otherwise, holds a Canadian aviation document with respect to an airport or heliport, is in charge of an airport or heliport, whether as employee, agent or representative of the holder of the Canadian aviation document, or provides air traffic services or maintenance services in respect of an aircraft or other aeronautical product must report to the Authority if they have direct knowledge of

• (a) any of the following accidents or incidents that is a military-civilian occurrence:

  • (i) a person sustaining an injury that requires medical intervention, becoming ill or dying as a result of being on board the aircraft, coming into contact with any part of the aircraft or its contents, conducting maintenance on the aircraft or other aeronautical product or being directly exposed to the aircraft’s jet or propeller blast or rotor down wash,

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  • (iv) an engine failing or being shut down as a precautionary measure,

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  • (vii) difficulties in controlling the aircraft as a result of any aircraft system malfunction, weather phenomena, wake turbulence, uncontrolled vibrations or operations outside the flight envelope,

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  • (x) any crew member being unable to perform their duties as a result of a physical incapacitation or a malfunction of their life-support equipment,

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  • (xix) a slung load being released from the aircraft unintentionally or as a precautionary or emergency measure,

  • (xx) dangerous goods, as defined in section 2 of the Transportation of Dangerous Goods Act, 1992, being released inside or from the aircraft,

  • (xxi) a defect or deterioration of an aeronautical product that is not expected as a result of normal operations or maintenance being discovered,

3 (1) For the purposes of section 2, the civilian must report, as soon as feasible and by the quickest means available, all of the following information that is available to them at the time of the accident, incident, situation or condition:

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• (b) the name of the aircraft’s owner and pilot-in-command and of any person who has possession of the aircraft as lessee or otherwise;

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• (i) a list of any dangerous goods, as defined in section 2 of the Transportation of Dangerous Goods Act, 1992, carried on board or released from the aircraft, including the shipping name or UN number and consignor and consignee information;

Marginal note:Remainder of information

(2) Any information referred to in subsection (1) that is not available to the civilian at the time of the accident, incident, situation or condition must be reported to the Authority as soon as it becomes available to them.

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Marginal note:Exception — safety measures

(2) Subsection (1) is not to be construed as preventing any person from taking necessary measures to ensure the safety of any person or the protection of property or the environment.

Marginal note:Record of evidence

(3) Any person who takes the measures referred to in subsection (2) must, to the extent possible in the circumstances and before taking those measures, record the evidence by the best means available and, as soon as feasible, advise the Authority of their actions.