Marginal note:Approval of loan request
30.19 (1) If the Minister of Justice approves a request of a foreign state under an agreement to have an exhibit that was admitted in evidence in a proceeding in respect of an offence in a court in Canada or in a proceeding before the Tribunal lent to the foreign state, the Minister shall provide the Commissioner with any documents or information necessary to apply for a loan order.
Marginal note:Application for loan order
(2) The Commissioner or the authorized representative of the Commissioner shall apply for a loan order in respect of the exhibit to the court that has possession of the exhibit, or to the Tribunal if it has possession of the exhibit, after having given reasonable notice to the parties to the proceedings and to
(a) the Attorney General of Canada, in the case of an application to the Federal Court;
(b) the attorney general of the province in which the exhibit is located, in the case of an application to a court other than the Federal Court; or
(c) the Chairman of the Tribunal, in the case of an application to the Tribunal.
Marginal note:Contents of application
(3) An application made under subsection (2) must
(a) contain a description of the exhibit requested to be lent;
(b) designate a person or class of persons to whom the exhibit is sought to be given;
(c) state the reasons for the request and, if any tests are sought to be performed on the exhibit, contain a description of the tests and a statement of the place where they will be performed;
(d) state the place or places to which the exhibit is sought to be removed; and
(e) specify the time at or before which the exhibit is to be returned.
- 2002, c. 16, s. 3
- Date modified: