Military Airworthiness Investigation Regulations (SOR/2018-217)

Marginal note:Warrant

• 9 (1) A warrant issued under subsection 14(4) of the Act must be in the form set out in

  • (a) Form 1 of the schedule, in the case of a warrant requested by an investigator who appears personally; and

  • (b) Form 2 of the schedule, in the case of a warrant obtained by a means of telecommunication.

• Marginal note:Modifications to section 487.1 of Criminal Code

  (2) For the purposes of subsection 14(5) of the Act, section 487.1 of the Criminal Code is to be read as follows:

  Marginal note:Telewarrant

  • 487.1 (1) If an investigator believes on reasonable grounds that there is or might be, at or in any place, any thing relevant to the investigation of a military-civilian occurrence or the investigation of an accident or incident referred to in section 24.8 of the Aeronautics Act and that it would be impracticable to appear personally before a justice of the peace to make an application for a warrant in accordance with subsection 14(4) of the Act, the investigator may submit information on oath by telephone or other means of telecommunication to a justice of the peace designated for the purposes of section 487.1 of the Criminal Code by the chief judge of the provincial court having jurisdiction in the matter.

  • Marginal note:Submission by means that does not produce writing

    (2) Information submitted by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing, must be on oath and must be recorded verbatim by the justice of the peace, who must, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the record or a transcription of it, certified by the justice of the peace as to time, date and contents.

  • Marginal note:Submission by means that produces writing

    (3) The justice of the peace who receives information submitted by a means of telecommunication that produces a writing must, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the information certified by the justice of the peace as to time and date of receipt.

  • Marginal note:Administration of oath

    (4) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication.

  • Marginal note:Alternative to oath

    (5) An investigator who uses a means of telecommunication referred to in subsection (3) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to his or her knowledge and belief and that statement is deemed to be a statement made under oath.

  • Marginal note:Contents of information

    (6) Information submitted by telephone or other means of telecommunication must include

    • (a) a statement of the circumstances that make it impracticable for the investigator to appear personally before a justice of the peace;

    • (b) a description of the military-civilian occurrence or the accident or incident referred to in section 24.8 of the Aeronautics Act that is under investigation, the place or premises to be searched and the things alleged to be liable to seizure;

    • (c) a statement of the investigator’s grounds for believing that things relevant to the investigation will be found in the place or premises to be searched; and

    • (d) a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the investigator has knowledge.

  • Marginal note:Issuing warrant

    (7) The justice of the peace may, if satisfied that information submitted by telephone or other means of telecommunication meets the following conditions, issue a warrant to an investigator conferring the same authority respecting search and seizure as may be conferred by a warrant issued by a justice of the peace before whom the investigator appears personally in accordance with subsection 14(4) of the Aeronautics Act and may require that the warrant be executed within the period that the justice of the peace may order:

    • (a) the information is in respect of a military-civilian occurrence or an accident or incident referred to in section 24.8 of the Aeronautics Act and conforms to the requirements of subsection (6);

    • (b) the information discloses reasonable grounds for dispensing with information presented personally and in writing; and

    • (c) the information discloses reasonable grounds, in accordance with subsection 14(4) of the Aeronautics Act, for the issuance of a warrant in respect of a military-civilian occurrence or an accident or incident referred to in section 24.8 of that Act.

  • Marginal note:Formalities

    (8) If a justice of the peace issues a warrant by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing,

    • (a) the justice of the peace must complete and sign the warrant in Form 2 of the schedule;

    • (b) the investigator, on the direction of the justice of the peace, must complete, in duplicate, a facsimile of the warrant in Form 2 of the schedule; and

    • (c) the justice of the peace must, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

  • Marginal note:Means of telecommunication that produces writing

    (9) If a justice of the peace issues a warrant by a means of telecommunication that produces a writing,

    • (a) the justice of the peace must complete and sign the warrant in Form 2 of the schedule;

    • (b) the justice of the peace must transmit the warrant by the means of telecommunication to the investigator who submitted the information and the copy of the warrant received by the investigator is deemed to be a facsimile within the meaning of paragraph (8)(b);

    • (c) the investigator must procure another facsimile of the warrant; and

    • (d) the justice of the peace must, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court for the territorial division in which the warrant is intended for execution.

  • Marginal note:Providing facsimile

    (10) An investigator who executes a warrant issued by telephone or other means of telecommunication must, before or as soon as practicable after entering the place or premises to be searched, give a facsimile of the warrant to any person who is present and ostensibly in control of the place or premises.

  • Marginal note:Affixing facsimile

    (11) An investigator who, in any unoccupied place or premises, executes a warrant issued by telephone or other means of telecommunication must, on entering or as soon as practicable after entering the place or premises, cause a facsimile of the warrant to be suitably affixed in a prominent place within the place or premises.

  • Marginal note:Report of investigator

    (12) An investigator to whom a warrant is issued by telephone or other means of telecommunication must file a written report with the clerk of the court for the territorial division in which the warrant was intended for execution as soon as practicable but within a period not exceeding seven days after the warrant has been executed, which report must include

    • (a) the time and date the warrant was executed or, if the warrant was not executed, a statement of the reasons why it was not executed;

    • (b) a statement of the things, if any, that were seized pursuant to the warrant and the location where they are being held; and

    • (c) a statement of the things, if any, that were seized in addition to the things mentioned in the warrant and the location where they are being held, together with a statement of the investigator’s grounds for believing that those additional things are relevant to the investigation.

  • Marginal note:Bringing before justice of peace

    (13) The clerk of the court must, as soon as practicable, cause the report, together with the information and the warrant to which it pertains, to be brought before a justice of the peace to be dealt with in the same manner as if the things were seized under a warrant issued, on information presented personally by an investigator, by that justice of the peace or another justice of the peace for the same territorial division.

  • Marginal note:Proof of authorization

    (14) In any proceeding in which it is material for a court to be satisfied that a search or seizure was authorized by a warrant issued by telephone or other means of telecommunication, the absence of the information or warrant, signed by the justice of the peace and carrying on its face a notation of the time, date and location of issuance, is, in the absence of evidence to the contrary, proof that the search or seizure was not authorized by a warrant issued by telephone or other means of telecommunication.

  • Marginal note:Duplicates and facsimiles – probative force

    (15) A duplicate or a facsimile of information or of a warrant has the same probative force as the original for the purposes of subsection (14).

Marginal note:Notice — production of information or attendance

• 10 (1) A notice under paragraph 14(10)(a) of the Act, requiring the production of information or attendance before the investigator, must be in the form set out in Form 3 of the schedule.

• Marginal note:Notice — medical examination

  (2) A notice under paragraph 14(10)(b) of the Act, requiring a person directly or indirectly involved in the operation of an aircraft to submit to a medical examination, must be in the form set out in Form 4 of the schedule.

• Marginal note:Notice — information concerning a patient

  (3) A notice under paragraph 14(10)(c) of the Act, requiring a physician or other health practitioner to provide information concerning a patient, must be in the form set out in Form 5 of the schedule.

• Marginal note:Notice — autopsy or other medical examination

  (4) A notice under paragraph 14(10)(d) of the Act, requiring the person who has custody of the body of a deceased person or other human remains to permit the performance of an autopsy on the body or other medical examination on the remains, must be in the form set out in Form 6 of the schedule.

Investigation File

Marginal note:Creation of investigation file

• 11 (1) If the Authority conducts an investigation into a military-civilian occurrence, the Authority must create and maintain a file relating to the investigation.

• Marginal note:Required contents

  (2) The file must contain all the information that is relevant to the military-civilian occurrence and records of any representations made under subsection 18(2) of the Act.

• Marginal note:Period of retention

  (3) The Authority must keep the file for

  • (a) in the case of an investigation that is completed by the Authority, not less than 20 years after the date of the military-civilian occurrence; and

  • (b) in the case of an investigation that is completed by a person who is authorized to complete investigations on behalf of the Authority, not less than five years after the date of the military-civilian occurrence.

Coming into Force

Marginal note:Registration

12 These Regulations come into force on the day on which they are registered.