Aeronautics Act — A-2 14
Definitions 14 (1) The following definitions apply in this section. information includes a record regardless of its form and a copy of a record. ( renseignement ) place includes an aircraft, any premises and any building or other structure erected on those premises. ( lieu ) Powers of investigators (2) If an investigator believes on reasonable grounds that there is or might be, at or in any place, any thing relevant to the investigation of a military-civilian occurrence, the investigator may, subject to subsection (3), enter and search that place for such a thing, and seize any such thing that is found in the course of that search, including an aircraft or part of one. Conditions for exercise of powers (3) An investigator shall not exercise the powers referred to in subsection (2) in relation to a particular place without the consent of the person apparently in charge of that place unless (a) those powers are exercised under the authority of a warrant; or (b) by reason of exigent circumstances, it would not be practical for the investigator to obtain a warrant. Warrant (4) If a justice of the peace is satisfied by information on oath that an investigator believes on reasonable grounds that there is or might be, at or in any place, any thing relevant to the investigation of a military-civilian occurrence, the justice may, on ex parte application, sign and issue a warrant authorizing the investigator to enter and search that place for such a thing and to seize any such thing that is found in the course of that search. Warrants may be obtained by telephone, etc. (5) The procedure set out in section 487.1 of the Criminal Code applies in relation to the obtaining of warrants under this section, subject to regulations made under paragraph 24.5(1)(g). Power to test things seized, etc. (6) If any thing is seized by an investigator under subsection (2), the investigator (a) may, subject to paragraph (b), cause to be conducted on the thing any tests, including tests to destruction, that are necessary for the purposes of the investigation; (b) shall, to the extent that it is practical and safe to do so without unreasonably impeding the progress of the investigation, (i) take all reasonable measures to invite the owner of the thing, and any person who appears on reasonable grounds to be entitled to it, to be present at such tests, and (ii) allow them to be present at those tests; and (c) subject to the need to conduct such tests, shall cause the thing to be preserved pending its return under section 15. Power to prohibit or limit access (7) An investigator may, in the course of an investigation of a military-civilian occurrence, and for the purposes of preserving and protecting any thing involved or likely to have been involved, whether or not the thing has been seized under this section, prohibit or limit access to the area immediately surrounding the place at which the thing is located for any period that is necessary for the purposes of the investigation. Disruption to be minimized (8) In exercising the power conferred by subsection (7), an investigator shall have regard to the desirability of minimizing any resulting disruption to transportation services. Prohibition (9) No person shall knowingly enter an area in contravention of a prohibition or limitation of access under subsection (7). Additional powers of investigators (10) An investigator may do any of the following, on notice in writing to the person concerned, if their belief is based on reasonable grounds: (a) if the investigator believes that a person has information relevant to an investigation, (i) require the person to produce the information to the investigator or to attend before the investigator and give a statement referred to in section 24.1, under oath or solemn affirmation if required by the investigator, and (ii) make any copies of and take any extracts from the information that the investigator considers necessary for the purposes of the investigation; (b) require