BILL NO. 115
4th Session, 61st General Assembly
61 Elizabeth II, 2012
Interprovincial Investigative Authority Act
The Honourable Ross Landry
Minister of Justice
First Reading: November 5, 2012
Second Reading: November 9, 2012
Third Reading: November 19, 2012 (LINK TO BILL AS PASSED)
Clause 1 sets out the short title of the Act.
Clause 2 allows the Attorney General to apply for a search warrant or an investigative warrant upon receiving a request from a province designated by the regulations to have a search or seizure carried out in Nova Scotia in respect of an offence against an enactment of the designated province. The execution of the warrant is generally governed by the existing provisions of the Summary Proceedings Act relating to warrants. This Clause also provides for the issuance of an order to send anything seized to the designated jurisdiction subject to certain terms and conditions.
Clause 3 adds regulation-making powers in relation to warrants issued in respect of a request from a designated province.
1 This Act may be cited as the Interprovincial Investigative Authority Act.
2 Chapter 450 of the Revised Statutes, 1989, the Summary Proceedings Act, is amended by adding immediately after Section 2G the following Sections:
(2) Where the Attorney General receives a request from a designated province to have a search or a seizure carried out in the Province in respect of an offence against an enactment of the designated province, the Attorney General may apply ex parte to a justice for a warrant.
(3) A justice to whom an application is made under subsection (2) and who is satisfied by information upon oath in the form prescribed in the regulations that there are reasonable grounds to believe that there is in a building, receptacle or place
(4) A justice may issue an investigative warrant authorizing a peace officer to, subject to this Section, use any investigative technique or procedure or do any thing described in the warrant that would, where not authorized, constitute an unreasonable search or seizure in respect of a person or a person's property if
(a) the justice is satisfied by information under oath that there are reasonable grounds to believe that an offence against a designated enactment 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;
(7) Where a written report is filed under subsection (11) of Section 2B, the clerk of the court with whom the written report is filed shall, as soon as reasonably possible, cause the report, together with the information on oath and the warrant to which it pertains, to be brought before a justice to be dealt with under Section 2J.
2I (1) Where a person has seized anything under a warrant issued under Section 2H or seized anything under Section 2D while executing a warrant issued under Section 2H, that person shall, as soon as practicable,
2J (1) Where, pursuant to clause (b) of subsection (1) of Section 2I, anything that has been seized is brought before a justice or a report in respect of anything seized is made to a justice, the justice
(a) shall hear any representations of the Attorney General, the person from whom the thing was seized in the execution of the warrant and any person who claims to have an interest in the thing that was seized; and
(a) where the justice is not satisfied that the warrant was executed according to its terms and conditions or where the justice is satisfied that an order should not be made under clause (b), order that a thing seized in the execution of the warrant be returned to
(ii) the lawful owner or the person who is lawfully entitled to its possession, if the owner or that person is known and possession of the record or thing by the person from whom it was seized is unlawful; or
3 Subsection 19(1) of Chapter 450 is repealed and the following subsection substituted:
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