International Bridges and Tunnels Act (S.C. 2007, c. 1)

Marginal note:Powers

• 39 (1) Subject to subsection (6), the Minister or a person designated by the Minister may, for the purpose of ensuring compliance with this Act and any regulation, order or directive made under this Act,

  • (a) enter and inspect any place at any reasonable time;

  • (b) remove any document or other thing from any place referred to in paragraph (a) for examination or, in the case of a document, copying; and

  • (c) seize anything found in any place referred to in paragraph (a) that the Minister or a person designated by the Minister believes on reasonable grounds will afford evidence with respect to an offence under this Act.

• Marginal note:Certification of designated persons

  (2) Every person designated by the Minister shall receive an authorization in the form that may be established by the Minister attesting to the person’s designation. On entering any place, the person shall, if requested, produce the authorization to the person in charge of the place.

• Marginal note:Computers

  (3) In conducting an inspection, the Minister or a person designated by the Minister may

  • (a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

  • (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and

  • (c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.

• Marginal note:Search warrants

  (4) Sections 487 to 492 of the Criminal Code apply in respect of any offence committed or suspected to have been committed under this Act.

• Marginal note:Regulations

  (5) The Governor in Council may, on the recommendation of the Minister, make regulations respecting

  • (a) the protection and preservation of any evidence that has been seized without a warrant under paragraph (1)(c); and

  • (b) the return of the evidence to the person from whom it was seized or to any other person entitled to its possession.

• Marginal note:Dwelling-house

  (6) If any place referred to in paragraph (1)(a) is a dwelling-house, the Minister or a person designated by the Minister may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (7).

• Marginal note:Authority to issue warrant

  (7) On ex parte application, a justice of the peace may issue a warrant authorizing the Minister or a person designated by the Minister to enter a dwelling-house, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that

  • (a) entry to a dwelling-house is necessary for the purpose of performing any function of the Minister pursuant to this Act; and

  • (b) entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry will be refused.

• Marginal note:Use of force

  (8) In executing the warrant, the Minister or a person designated by the Minister shall not use force unless they are accompanied by a peace officer and the use of force has been specifically authorized in the warrant.