Export and Import of Rough Diamonds Act (S.C. 2002, c. 25)

Marginal note:Stopping a conveyance

20 An inspector may stop a conveyance or direct that it be moved to a place where an inspection may be carried out if the inspector has reason to believe that it contains rough diamonds to which this Act applies or any record, book of account or other document or data that is relevant to the administration of this Act.

Marginal note:Production of designation document

21 When exercising their powers under this Act, inspectors must, on request, show their designation document.

Marginal note:Duty to assist

22 The owner or person in charge of a place or conveyance that is entered by an inspector and every person found there must give the inspector all reasonable assistance to enable the inspector to exercise his or her powers and carry out his or her duties and provide the inspector with any information relevant to the administration of this Act that the inspector requires.

Investigations

Marginal note:Designation document to be produced

23 When exercising their enforcement powers, investigators must, on request, show their designation document.

Marginal note:Entry

24 When exercising their enforcement powers, investigators may enter on and pass through or over private property.

Disposition of Things Seized

Marginal note:Notice of reason for seizure

25 An investigator or a peace officer who seizes rough diamonds or other things must, as soon as is practicable, advise their owner, or the person having the possession, care or control of them at the time of the seizure, of the reason for the seizure and that an application may be made for their return under subsection 27(4).

Marginal note:Storage or removal

26 The investigator or peace officer may store the rough diamonds or other things seized at the place where they were seized or remove them to a secure place for storage.

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

  • (b) the expiry of a period of 180 days after the day of their seizure.

• 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.

• Marginal note:Order

  (5) After hearing the application, the court may order the rough diamonds or other things seized to be returned if the court is satisfied that sufficient evidence exists or may reasonably be obtained without further detaining them.

• Marginal note:Return of rough diamonds on acquittal

  (6) If the accused is acquitted, the court may order that the rough diamonds or other things seized be returned to their owner or the person having the possession, care or control of them at the time of their seizure.

Forfeiture

Marginal note:Forfeiture of rough diamonds and other things

28 If a person is convicted of an offence under this Act, the convicting court may, on its own motion or at the request of any party to the proceedings, in addition to any punishment imposed, order the forfeiture to Her Majesty in right of Canada of rough diamonds or other things seized, by means of or in relation to which the offence was committed.

Marginal note:Consensual forfeiture

29 If the owner of rough diamonds or other things seized consents at any time to their forfeiture, they are forfeited to Her Majesty in right of Canada.

Marginal note:Forfeiture certificate

30 If rough diamonds or other things are forfeited under this Act, the Minister shall provide their former owner or the person having the possession, care or control of them at the time they were seized with a forfeiture certificate.

Marginal note:Disposition of rough diamonds forfeited

31 Rough diamonds or other things forfeited under this Act must be disposed of in the manner prescribed by the regulations.

Marginal note:Return of things seized if no forfeiture

• 32 (1) If rough diamonds or other things seized are not forfeited under this Act, they 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

  (2) If the owner of rough diamonds or other things seized or the person having the possession, care or control of them at the time of their seizure is convicted of an offence under this Act and a fine is imposed, the rough diamonds or other things may be retained until the fine is paid.

Liability for Costs

Marginal note:Liability for costs

• 33 (1) Persons convicted of an offence under this Act are jointly and severally, or solidarily, liable for all the costs relating to the seizure, detention or forfeiture of rough diamonds or other things incurred by Her Majesty in right of Canada in excess of the net proceeds of disposition, if any.

• Marginal note:Debt due to Her Majesty

  (2) The costs referred to in subsection (1) are debts due to Her Majesty, and proceedings to recover them may be instituted in a court of competent jurisdiction at any time within five years after the time they were incurred.

Regulations

Marginal note:Regulations

34 The Governor in Council may make any regulations that are necessary for carrying out the purposes or provisions of this Act, including regulations

• (a) prescribing the fees payable for the issuance or replacement of a Canadian Certificate; and

• (b) designating any place as a point of entry for importing rough diamonds or as a point of exit for exporting them.

Marginal note:Ministerial regulations

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;

• (b) specifying the content of Canadian Certificates and the period of their validity;

• (c) respecting the place and manner of submitting a report under subsection 13(1) and specifying the information that must be included in it;

• (d) respecting the place and manner of submitting a report under subsection 16(1) and specifying the information that must be included in the report and documents that must accompany it;

• (e) prescribing the requirements for containers to be used for the export or import of rough diamonds;

• (f) prescribing the records, books of account or other documents or data to be kept by persons who export or import rough diamonds, their form and content and the period during which they must be kept; and

• (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.

Offences and Punishment

Marginal note:False or misleading information, and misrepresentation

36 No person shall wilfully furnish any false or misleading information or knowingly make any misrepresentation in an application for a Canadian Certificate or in connection with any subsequent use of the certificate or the export or disposition of the rough diamonds to which it relates.

Marginal note:Forging or altering a Canadian Certificate

37 No person shall forge a Canadian Certificate or erase or alter information appearing on one.

Marginal note:Transfer, sale, etc., of a Canadian Certificate

38 No person shall transfer, assign, give, barter or sell a Canadian Certificate if the person knows or ought to know that it will be used for the export of rough diamonds other than those in respect of which it was issued.

Marginal note:Failing to maintain or falsifying records

39 No person shall, in order to avoid compliance with this Act,

• (a) destroy, alter, mutilate, secrete or dispose of records, books of account or other documents or data that they are required to keep under the regulations;

• (b) make false or deceptive entries in those records, books, documents or data; or

• (c) omit a material particular from those records, books, documents or data.

Marginal note:Obstruction

40 No person shall interfere with an inspector who is doing, or hinder or prevent an inspector from doing, anything that the inspector is authorized to do under this Act.

Marginal note:Summary conviction offence

• 40.1 (1) Every person who contravenes subsection 13(1) or (2) or 16(1) or (2) or section 22 or 40 is guilty of an offence punishable on summary conviction.

• Marginal note:Limitation period

  (2) A prosecution under subsection (1) may be instituted not later than three years after the time when the subject-matter of the complaint arose.

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

  • (a) an indictable offence and liable to a fine in an amount that is in the discretion of the court or to imprisonment for a term not exceeding 10 years, or to both; or

  • (b) an offence punishable on summary conviction and liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months, or to both.

• 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).

• Marginal note:Limitation period

  (3) A prosecution under paragraph (1)(b) may be instituted not later than three years after the time when the subject-matter of the complaint arose.

• 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:Officers, etc., of corporations

42 If a corporation commits an offence under this Act, any officer or director of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Marginal note:Applicant for Certificate for non-resident

43 If a Canadian Certificate is issued to a person who has applied for it for, on behalf of or for the use of another person who is not a resident of Canada and that other person commits an offence under this Act, the person who applied for the certificate is, whether or not the non-resident person has been prosecuted or convicted, guilty of the like offence and liable, on conviction, to the punishment provided for the offence, on proof that the act or omission constituting the offence took place with the knowledge or consent of the person who applied for the certificate or that the person who applied for it failed to exercise due diligence to prevent the commission of the offence.