Basic HTML Version
1277
Kanunları ve Tercümeleri
(ii) notice in accordance with subsection 490.4(2) of the Criminal Code or subsec-
tion 19(2) of the Controlled Drugs and Substances Act has been given to any person who, in the
opinion of the court, appears to have a valid interest in the property.
(9) Subsection 462.41(3) and section 462.42 of the Criminal Code apply, with any modificati-
ons that the circumstances require, to a person who claims an interest in proceeds of crime, and
subsections 490.4(3) and 490.41(3) and section 490.5 of the Criminal Code and subsections 19(3)
and 20(4) of the Controlled Drugs and Substances Act apply, with any modifications that the cir-
cumstances require, to a person who claims an interest in offence-related property.
(10) A person who is convicted of an offence in relation to which an order of forfeiture is is-
sued by a court of criminal jurisdiction of a state or entity is deemed to be a person referred to in
paragraph 462.41(3)(a) or 462.42(1)(a) of the Criminal Code.
(11) The provisions of the Seized Property Management Act apply in respect of all property
forfeited under this section.
SEARCH AND SEIZURE
10. The Criminal Code applies, with any modifications that the circumstances require, in res-
pect of a earch or a seizure under this Act, except to the extent that the Criminal Code is incon-
sistent with this Act.
11. (1) When the Minister approves a request of a state or entity to have a search or a seizure,
or the use of any device or investigative technique or other procedure or the doing of any other
thing to be described in a warrant, carried out regarding an offence, the Minister shall provide a
competent authority with any documents or information necessary to apply for a search warrant
or other warrant.
(2) The competent authority who is provided with the documents or information shall apply
ex parte for a search warrant or other warrant to a judge of the province in which the competent
authority believes that evidence may be found. R.S., 1985, c. 30 (4th Supp.), s. 11; 1999, c. 18, s.
103; 2000, c. 24, s. 59.
12. (1) A judge of a province to whom an application is made under subsection 11(2) may
issue a search warrant authorizing a peace officer named therein to execute it anywhere in the
province, where the judge is satisfied by statements under oath that there are reasonable gro-
unds to believe that
(a) an offence has been committed;
(b) evidence of the commission of the offence or information that may reveal the whe-
reabouts of a person who is suspected of having committed the offence will be found in a buil-