Warrants to Seize Explosives: Difference between revisions
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{{LevelOne}}{{HeaderWarrants}} | {{LevelOne}}{{HeaderWarrants}} | ||
==Legislation== | ==Legislation== | ||
{{ | {{quotation2| | ||
; Seizure of explosives | ; Seizure of explosives | ||
492 | 492 (1) Every person who executes a warrant issued under section 487 {{AnnSec4|487}} may seize any explosive substance that they suspect is intended to be used for an unlawful purpose, and shall, as soon as possible, remove to a place of safety anything that they seize under this section and detain it until they are ordered by a judge of a superior court to deliver it to some other person or an order is made under subsection (2) {{AnnSec4|492(2)}}. | ||
<br> | <br> | ||
; Forfeiture | ; Forfeiture | ||
(2) Where an accused is convicted of an offence in respect of anything seized by virtue of subsection (1), it is forfeited and shall be dealt with as the court that makes the conviction may direct. | (2) Where an accused is convicted of an offence in respect of anything seized by virtue of subsection (1) {{AnnSec4|492(1)}}, it is forfeited and shall be dealt with as the court that makes the conviction may direct. | ||
<Br> | <Br> | ||
; Application of proceeds | ; Application of proceeds | ||
(3) Where anything to which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General. | (3) Where anything to which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General. | ||
<br> | <br> | ||
R.S., {{LegHistory80s|1985, c. C-46}}, s. 492; R.S., 1985, c. 27 (1st Supp.), s. 70.{{Annotation}} | R.S., {{LegHistory80s|1985, c. C-46}}, s. 492; | ||
| | R.S., 1985, c. 27 (1st Supp.), s. 70; | ||
{{LegHistory20s|2022, c. 17}}, s. 27. | |||
{{Annotation}} | |||
|{{CCCSec2|492}} | |||
|{{NoteUp|492|1|2|3}} | |||
}} | }} | ||
==See Also== | ==See Also== | ||
* [[Judicial Authorization Chart]] | * [[Judicial Authorization Chart]] | ||
{{WarrantNavBar}} | {{WarrantNavBar}} | ||
Latest revision as of 10:35, 26 July 2024
| This page was last substantively updated or reviewed December 2022. (Rev. # 96001) |
Legislation
- Seizure of explosives
492 (1) Every person who executes a warrant issued under section 487 [territorial search warrants] may seize any explosive substance that they suspect is intended to be used for an unlawful purpose, and shall, as soon as possible, remove to a place of safety anything that they seize under this section and detain it until they are ordered by a judge of a superior court to deliver it to some other person or an order is made under subsection (2) [forfeiture of explosives while executing search warrant].
- Forfeiture
(2) Where an accused is convicted of an offence in respect of anything seized by virtue of subsection (1) [seizure of explosives while executing search warrant], it is forfeited and shall be dealt with as the court that makes the conviction may direct.
- Application of proceeds
(3) Where anything to which this section applies is sold, the proceeds of the sale shall be paid to the Attorney General.
R.S., 1985, c. C-46, s. 492; R.S., 1985, c. 27 (1st Supp.), s. 70; 2022, c. 17, s. 27.
[annotation(s) added]
See Also
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