BILL NO. 144

(f) take photographs or inspect and make copies of documents or information in any form if the medical examiner or investigator has reasonable grounds to believe that this may assist in determining any of the issues set out in subsection 5(1).

(2) When a medical examiner or investigator is exercising a power under subsection (1), the medical examiner or investigator may be accompanied by any person whose assistance is required as part of an investigation.

(3) Where the Chief Medical Examiner applies to a judge or justice of the peace for a warrant on the basis of a belief on reasonable grounds that

(a) it is necessary to do so for the purpose of an investigation under this Act; and

(b) evidence related to the identity of a deceased person, the manner or cause of a death or the date, time or place of death may be found in a building, receptacle or place,

the judge or justice of the peace may issue a warrant authorizing the Chief Medical Examiner, a medical examiner or an investigator acting under the Chief Medical Examiner's authority to enter and search the building, receptacle or place and to take possession of anything that any of those persons believes, on reasonable grounds, may be directly or indirectly related to the death.

(4) The items seized under subsection (1) or (3) may only be used to establish the identity of a deceased person, the cause and manner of death or the date, time or place of death as required for the purpose of this Act.

(5) Notwithstanding subsection (4), where a peace officer or an officer authorized under an enactment has reasonable grounds to believe that items seized under subsection (1) or (3) are relevant to an investigation into a possible contravention of the law or are required for another lawfully authorized purpose, the peace officer or officer may apply to a justice of the peace or a judge for a warrant or an order permitting access to or possession of the items on such grounds as the justice of the peace or judge considers reasonable.

(1) Clause 2(f) of Chapter 494 of the Revised Statutes, 1989, the Vital Statistics Act, is repealed and the following clause substituted:

(d) under a settlement or a trust,

(d) under a settlement or a trust,

(3) Where the Deputy Attorney General decides pursuant to subsection (2) that a document is not a regulation within the meaning of this Act, the Registrar shall submit a report to the Governor in Council advising of the decision within thirty days of being issued directions by the Deputy Attorney General.

(1A) A justice of the peace or a judge of the provincial court may issue an investigative warrant authorizing a peace officer to, subject to this subsection, use any investigative technique or procedure or do any thing described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person's property if

(a) the justice of the peace or judge of the provincial court, as the case may be, is satisfied by information under oath that there are reasonable grounds to believe that an offence against an enactment listed in Schedule B has been, is being or will be committed and that information or other evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing;

(b) the justice of the peace or judge of the provincial court, as the case may be, is satisfied that it is in the best interest of the administration of justice to issue the warrant; and

(c) there is no other provision in this or any other Act of the Legislature that would provide for a warrant or order authorizing the technique or procedure to be used or thing to be done.

(1B) Nothing in subsection (1A) shall be construed so as to permit interference with the bodily integrity of any person, the use of any device to intercept private communications as provided for in Part VI of the Criminal Code (Canada) or the taking of samples of bodily substances for the purpose of forensic DNA analysis.

(1C) An investigative warrant shall authorize a peace officer to enter and search the place for which the warrant was issued and, without limiting the powers of the justice of the peace or the judge of the provincial court under subsection (1A), the warrant may, in respect of the alleged offence, authorize the peace officer to enter the place for which the warrant is issued, and

(a) search for and examine and copy any drawings, specifications, licence, document, record or report;

(b) search for and examine any equipment, machine, device, article, thing, material or biological, chemical or physical agent;

(c) require a person to produce any item described in clause (a) or (b);

(d) conduct or take tests of any equipment, machine, device, article, thing, material or biological, chemical or physical agent, and take and carry away samples from the testing; and

(e) take measurements of and record by any means the physical circumstances of the place.

(1D) A peace officer who executes a warrant issued under subsection (1A) may seize or examine and copy any drawings, specifications, licence, document, record or report or seize or examine any equipment, machine, device, article, thing, material or biological, chemical or physical agent, in addition to those mentioned in the warrant, that the officer believes on reasonable grounds will afford evidence in respect of an offence against an enactment.

(1E) A person authorized under this Section to search a computer system in a building or place for data may

(a) use or cause to be used any computer system at the building or place to search any data contained in or available to the computer system;

(b) reproduce or cause to be reproduced any data in the form of a print-out or other intelligible output;

(c) seize the print-out or other output for examination or copying; and

(d) use or cause to be used any copying equipment at the place to make copies of the data.

(1F) Every person who is in possession or control of any building or place in respect of which a search is carried out under this Section shall, on presentation of the warrant, permit the person carrying out the search to

(a) use or cause to be used any computer system at the building or place in order to search any data contained in or available to the computer system for data that the person is authorized by this Section to search for;

(b) obtain a hard copy of the data and to seize it; and

(c) use or cause to be used any copying equipment at the place to make copies of the data.

(1G) A hard copy print-out of data from a computer made pursuant to subsection (1E) or (1F) is, if it purports to be certified as a true copy by the person who caused the print-out or hard copy to be produced or the person in whose presence the copy was made admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original data would have if it had been proved in the ordinary way.

(1H) An investigative warrant is valid for thirty days or for such shorter period as may be specified in it by a justice of the peace or a judge of the provincial court and may, without limiting the generality of the foregoing, include provisions for re-entry to the place for the purpose of subsection (1A).

(1I) An investigative warrant shall contain terms and conditions in addition to those provided for in subsections (1A) to (1H) as the justice of the peace or judge of the provincial court, as the case may be, considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.

(1J) A warrant issued under subsection (1A) that authorizes a peace officer to observe, by means of a television camera or other similar electronic device, any person who is engaged in activity in circumstances in which the person has a reasonable expectation of privacy shall contain such terms and conditions as the justice of the peace or judge of the provincial court considers advisable to ensure that the privacy of the person or of any other person is respected as much as possible.

(1K) A justice of the peace or judge of the provincial court may issue further warrants under subsection (1A).

(1L) Nothing in this Section restricts any power or duty of a peace officer under any enactment including, without limiting the generality of the foregoing, the power to conduct an inspection.

(1M) A justice of the peace or judge of the provincial court may, on application made at the time of issuing a warrant under this or any other enactment or at any time thereafter, make an order prohibiting access to and the disclosure of any information relating to the warrant or information on the ground that

(a) the information might be used for an improper purpose; or

(b) the ends of justice would be subverted by the disclosure on the grounds that disclosure of the information would

and

(c) the ground referred to in clause (a) or (b) outweighs in importance the access to and disclosure of the information.

(1N) Where an order is made under subsection (1L), all documents relating to the application shall, subject to any terms and conditions that the justice of the peace or judge of the provincial court considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the justice of the peace or judge of the provincial court immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the justice of the peace or judge of the provincial court may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (1O).

(1O) An application to terminate the order or vary any of the terms and conditions of an order made under subsection (1L) may be made to the justice of the peace or judge of the provincial court who made the order or a judge of the court before which any proceedings arising out of the investigation in relation to which the warrant was obtained may be held.

(3A) A warrant may authorize persons who have special, expert or professional knowledge to accompany and assist a peace officer in the execution of the warrant.

(4) Subject to subsection (4A), where a peace officer believes that an offence against an enactment has been committed or is suspected to have been committed and has grounds to apply for a warrant under subsection (1) or (1A), the peace officer may submit an information on oath by telephone or other means of telecommunication to a justice designated for that purpose by the Chief Judge of the Provincial Court.

(4A) An information by telephone or other means of telecommunication that does not produce a writing may only be submitted in circumstances in which it would be impracticable to appear personally before a justice of the peace to apply for a warrant.

(6) An information on oath submitted by telephone or other means of telecommunications that does not produce a writing must include a statement of the circumstances that make it impracticable for the peace officer to appear personally before a justice of the peace.

(6A) An information submitted by telephone or other means of telecommunication to obtain a warrant to search for anything permitted by subsection (1) must include

(a) a statement of the offence alleged, the place or premises to be searched and the items alleged to be liable to seizure;

(b) a statement of the peace officer's grounds for believing that the items liable to seizure in respect of the offence alleged will be found in the place or premises to be searched; and

(c) 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 peace officer has knowledge.

(6B) An information submitted by telephone or other means of telecommunication to obtain a warrant to search for anything permitted by subsection (1A) must include

(a) a statement of the offence alleged, the place or premises to be searched;

(b) a statement of the investigative technique or procedure or any other thing sought to be authorized by the warrant and the peace officer's grounds for believing that information and other evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing; and

(c) a statement as to any previous application for a warrant under this Section or any other search warrant, in respect of the same matter, of which the peace officer has knowledge.

(7) A justice of the peace who is satisfied that an information submitted pursuant to subsection (4)

(a) concerns an offence punishable on conviction under an enactment;

(b) conforms to the requirements of subsection (6), (6A) or (6B); and

(c) discloses reasonable grounds, in accordance with subsection (1) or (1A), for the issuance of a warrant in respect of an offence,

may issue a warrant to a peace officer that

(d) confers the same authority respecting search and seizure as may be conferred by a warrant issued under subsection (1) or (1A); and

(e) requires the warrant to be executed within a period of time that the justice of the peace may order.

(8A) Where a justice of the peace issues a warrant by other means of telecommunication that produces a writing,

(a) the justice of the peace shall complete and sign the warrant in the form prescribed in the regulations, varied to suit the case, and note on its face the time, date and place where it is issued;

(b) the justice of the peace shall transmit the warrant by the means of telecommunication to the peace officer who submitted the information and the copy of the warrant received by the peace officer is deemed to be a facsimile;

(c) the peace officer shall procure a second copy of the warrant which is deemed to be a facsimile; and

(d) the justice of the peace shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court.

2C A warrant issued pursuant to Section 2B shall be exercised between the hours of eight o'clock in the forenoon and nine o'clock in the afternoon, unless the justice of the peace

(a) is satisfied that there are reasonable grounds in the information for the warrant to be executed between the hours of nine o'clock in the afternoon and eight o'clock in the forenoon; and

(b) provides in the warrant that it may be executed during those hours.

(2) A peace officer may remove any thing seized under a warrant from the place from which it was seized or may detain it in that place.

(3) Although a warrant issued under subsection (1) of Section 2B would otherwise be required, a peace officer may exercise any of the powers described in those subsections without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.

(4) For the purpose of subsection (3), exigent circumstances include circumstances in which the delay necessary to obtain a warrant would result in danger to human life or the loss or destruction of evidence.

(2A) Applications to detain things seized beyond the period prescribed in clause (a) of subsection (2) must be made to a judge of the provincial court, on the making of a summary application after three clear days' notice to the person from whom the thing detained was seized, and the judge may order a further period of detention if satisfied, having regard to the complex nature of the investigation, or because the thing might reasonably be required for the purposes of a potential inquiry, trial or other proceeding, that the further detention of the thing seized is warranted for a specified period and subject to such other conditions as the judge considers just and so orders.

(2B) An application under subsection (2A) is not required if proceedings are instituted in which the thing detained may be required before the expiry of an order made under subsection (2);

(2C) More than one application may be made under subsection (2A).

(2D) A thing may be detained under clause (b) of subsection (1), for any period, whether or not an application for an order is made under clause (a) of subsection (2) or subsection (2A), if the lawful owner or person who is lawfully entitled to possession of the thing seized consents in writing to its detention for that period.

(8A) Notwithstanding subsection (8), a judge of the provincial court may, if satisfied that the periods of detention provided for or ordered under subsection (1), (2) or (2A) in respect of a thing seized have expired but proceedings have not been instituted in which the thing may be required, order that the thing continue to be detained for such a period as the judge considers necessary if the judge is satisfied that

(a) the continued detention of the thing might reasonably be required for the purposes of a potential inquiry, trial or other proceeding; and

(b) it is in the interests of justice to do so.

(12) The Attorney General, a crown attorney or a peace officer or other person having custody of a document seized may, before bringing it before a justice of the peace or complying with an order that the document be returned, forfeited or otherwise dealt with under subsection (1), (8) or (10), make or cause to be made, and may retain, a copy of the document.

(13) A copy made pursuant to subsection (12) is, if it purports to be certified as a true copy by the Attorney General, a crown attorney, a peace officer or the person who made the copy or the person in whose presence the copy was made, admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original document would have if it had been proved in the ordinary way.

2G (1) Where anything seized pursuant to this Act or any other enactment is perishable or likely to deteriorate rapidly, the person who seized the thing or other person having custody of the thing may

(a) return it to its lawful owner or the person who is lawfully entitled to the possession of it; or

(b) where, on ex parte application to a judge of the provincial court, the judge so authorizes,

(2) Where the identity of the lawful owner cannot be reasonably ascertained under subclause (i) of clause (b) of subsection (1), the proceeds of disposition are forfeited to Her Majesty in right of the Province.

SCHEDULE B

Amusement Devices Safety Act
Animal Cruelty Prevention Act
Building Code Act
Cemetery and Funeral Services Act
Coal Mines Regulation Act
Crane Operators and Power Engineers Act
Crown Lands Act
Dairy Industry Act
Dangerous Goods Transportation Act
Electrical Installation and Inspection Act
Elevators and Lifts Act
Endangered Species Act
Environment Act
Fire Prevention Act
Fisheries and Coastal Resources Act
Forests Act
Gas Distribution Act
Health Act
Liquor Control Act
Motor Carrier Act
Motor Vehicle Act
Municipal Government Act
Occupational Health and Safety Act
Off-highway Vehicles Act
Petroleum Resources Act
Petroleum Resources Removal Permit Act
Pharmacy Act
Pipeline Act
Provincial Parks Act
Railways Act
Smoke-free Places Act
Steam Boiler and Pressure Vessel Act
Underground Hydrocarbons Storage Act
Water Resources Protection Act
Wilderness Areas Protection Act
Wildlife Act