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Uluslararası Adli İşbirliği
(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, as well as contain a description of any tests that
are sought to be performed on the exhibit and a statement of the place where the tests will be
performed;
(d) state the place or places to which the exhibit is sought to be removed; and
(e) specify a period of time at or before the expiration of which the exhibit is to be
returned.
31. (1) If the court to which an application made under subsection 30(2) is satisfied that the
state or entity has requested the loan for a fixed period and has agreed to comply with the terms
and conditions that the court proposes to include in any loan order, the court may, after having
considered any representations of the persons to whom notice of the application was given in
accordance with subsection 30(2), make a loan order.
(2) A loan order made under subsection (1) must
(a) contain a description of the exhibit;
(b) order the person who has possession of the exhibit to give it to a person designated
in the order or who is a member of a class of persons so designated;
(c) contain a description of any tests thereby authorized to be performed on the exhi-
bit, as well as a statement of the place where the tests must be performed;
(d) fix the place or places to which the exhibit may be removed; and
(e) fix the period of time at or before the expiration of which the exhibit must be retur-
ned.
(3) A loan order made under subsection (1) may include any terms or conditions that the court
making it considers desirable, including those relating to the preservation of the exhibit.
32. A court that made a loan order may vary its terms and conditions.
33. A copy of a loan order and of an order varying it shall be delivered by the competent
authority who applied for the order to the Minister and to the person who had possession of the
exhibit when the loan order was made.
34. The burden of proving that an exhibit lent to a state or entity pursuant to a loan order
made under subsection 31(1) and returned to Canada is not in the same condition as it was when
the loan order was made or that it was tampered with after the loan order was made is on the
party who makes that allegation and, in the absence of that proof, the exhibit is deemed to have