M-11.6 - Act respecting certain measures enabling the enforcement of environmental and dam safety legislation

Section 9 Disposition versions

2022-05-12

9. Penal investigators who have reasonable grounds to believe that an offence against a provision of this Act or the Acts concerned has been committed may, at the time of an investigation relating to the offence, apply to a judge for authorization to enter any place to exercise any power set out in sections 5 and 6 that, without such authorization, would constitute an unreasonable search or seizure.

The application for authorization must be made in writing and must be accompanied by a sworn declaration of the investigator which includes, in particular, the following information:

(1)  a description of the offence that is the subject of the investigation;

(2)  the reasons why exercising the power that is the subject of the application will provide evidence of the commission of the offence;

(3)  a description of the place referred to in the application;

(4)  the time needed to exercise the power that is the subject of the application; and

(5)  the period when the power that is the subject of the application is to be exercised.

The application for authorization may also be made by telephone or any other appropriate means of telecommunication. The rules governing telewarrants set out in the Code of Penal Procedure (chapter C-25.1) apply to such an application.

The judge may grant the authorization on the conditions the judge determines if satisfied on the strength of the declaration that there are reasonable grounds to believe that an offence has been committed and that exercising the power that is the subject of the application will provide evidence of the commission of the offence.

The judge may also order any person to lend assistance, if it may reasonably be necessary for exercising the authorized power.

2022, c. 8, s. 1.

Not in force

In force: 2022-05-12

9. Penal investigators who have reasonable grounds to believe that an offence against a provision of this Act or the Acts concerned has been committed may, at the time of an investigation relating to the offence, apply to a judge for authorization to enter any place to exercise any power set out in sections 5 and 6 that, without such authorization, would constitute an unreasonable search or seizure.

The application for authorization must be made in writing and must be accompanied by a sworn declaration of the investigator which includes, in particular, the following information:

(1)  a description of the offence that is the subject of the investigation;

(2)  the reasons why exercising the power that is the subject of the application will provide evidence of the commission of the offence;

(3)  a description of the place referred to in the application;

(4)  the time needed to exercise the power that is the subject of the application; and

(5)  the period when the power that is the subject of the application is to be exercised.

The application for authorization may also be made by telephone or any other appropriate means of telecommunication. The rules governing telewarrants set out in the Code of Penal Procedure (chapter C-25.1) apply to such an application.

The judge may grant the authorization on the conditions the judge determines if satisfied on the strength of the declaration that there are reasonable grounds to believe that an offence has been committed and that exercising the power that is the subject of the application will provide evidence of the commission of the offence.

The judge may also order any person to lend assistance, if it may reasonably be necessary for exercising the authorized power.

2022, c. 8, s. 1.