Criminal Code

Marginal note:Search for valuable minerals

• 395 (1) If an information in writing is laid under oath before a justice by a peace officer or by a public officer who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this Act or any other Act of Parliament and the justice is satisfied that there are reasonable grounds to believe that, contrary to this Act or any other Act of Parliament, any valuable mineral is deposited in a place or held by a person, the justice may issue a warrant authorizing a peace officer or a public officer, if the public officer is named in it, to search any of the places or persons mentioned in the information.

• Marginal note:Execution in Canada

  (1.1) A warrant issued under subsection (1) may be executed at any place in Canada. A public officer named in the warrant, or any peace officer, who executes the warrant must have authority to act in that capacity in the place where the warrant is executed.

• Marginal note:Power to seize

  (2) If, on search, anything mentioned in subsection (1) is found, it shall be seized and brought before a justice of the province in which the warrant was issued who has jurisdiction in the matter, and the justice shall order

  • (a) that it be detained for the purposes of an inquiry or a trial; or

  • (b) if it is not detained for the purposes of an inquiry or a trial,

    • (i) that it be restored to the owner, or

    • (ii) that it be forfeited to Her Majesty in right of the province in which the proceedings take place if the owner cannot be ascertained.

• Marginal note:Appeal

  (3) An appeal lies from an order made under paragraph (2)(b) in the manner in which an appeal lies in summary conviction proceedings under Part XXVII and the provisions of that Part relating to appeals apply to appeals under this subsection.