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Marginal note:Punishment

• 41 (1) Subject to subsection (2), every person who contravenes section 8 or 14 or any of sections 36 to 39 is guilty of

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• Marginal note:Defence

  (2) No person may be convicted of an offence for contravening section 14 in relation to rough diamonds that the Minister has ordered returned under subsection 15(1).

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• Marginal note:Factors to be considered when imposing sentence

  (4) If an offender is convicted or discharged, under section 730 of the Criminal Code, of an offence under this Act, the court sentencing or discharging the offender shall, in addition to considering any other relevant factors, consider the nature and value of the exported or imported rough diamonds that are the subject-matter of the offence.

• Marginal note:Additional fine

  (5) If a person has been convicted of an offence under this Act and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence, the court may order the person to pay an additional fine in an amount equal to the court’s determination of the amount of the monetary benefits.

Marginal note:Delegation of ministerial powers, duties and functions

6 The Minister may authorize any person, subject to any terms and conditions that the Minister may specify, to exercise or perform on the Minister’s behalf a power of the Minister under any other provision of this Act except section 3, subsection 7(1) and section 35.

35 The Minister may make regulations

• (a) prescribing the classes of diamonds to be excluded from the definition rough diamond in section 2;

• (a.1) respecting the manner of submitting an application under subsection 9(1) or section 11 and specifying the information that must be included in it and the documents that must accompany it;

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• (g) respecting the disposition of rough diamonds or other things that are forfeited under this Act, the persons to be notified of their disposition and the manner of the notification.

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Marginal note:Evidence

• 45 (1) The original or a copy of a bill of lading, customs form, commercial invoice or other document, in this section called a “shipping document”, is admissible in evidence in any prosecution under this Act in respect of rough diamonds if it appears from the shipping document that

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Marginal note:Duration of detention

• 27 (1) Subject to subsection (3), rough diamonds or other things seized may not be detained after

  • (a) an investigator determines that they meet the requirements of this Act; or

• Marginal note:Return of rough diamonds if no proceedings

  (2) If no prosecution under this Act has been instituted on the expiry of the 180-day period, the rough diamonds or other things seized must be returned to their owner or the person having the possession, care or control of them at the time of their seizure.

• Marginal note:Exception

  (3) If a prosecution under this Act is instituted, the rough diamonds and other things seized may be detained until the proceedings are concluded.

• Marginal note:Application for return

  (4) If a prosecution under this Act is instituted and rough diamonds or other things have been seized but not forfeited, their owner or the person having the possession, care or control of them at the time of their seizure may apply to the court before which the proceedings are being held for an order that the rough diamonds or other things be returned.