Competition Act — C-34 15
Warrant for entry of premises 15 (1) If, on the ex parte application of the Commissioner or his or her authorized representative, a judge of a superior or county court is satisfied by information on oath or solemn affirmation (a) that there are reasonable grounds to believe that (i) a person has contravened an order made pursuant to section 32, 33 or 34, or Part VII.1 or VIII, (ii) grounds exist for the making of an order under Part VII.1 or VIII, or (iii) an offence under Part VI or VII has been or is about to be committed, and (b) that there are reasonable grounds to believe that there is, on any premises, any record or other thing that will afford evidence with respect to the circumstances referred to in subparagraph (a)(i), (ii) or (iii), as the case may be, the judge may issue a warrant under his hand authorizing the Commissioner or any other person named in the warrant to (c) enter the premises, subject to such conditions as may be specified in the warrant, and (d) search the premises for any such record or other thing and copy it or seize it for examination or copying. Contents of warrant (2) A warrant issued under this section shall identify the matter in respect of which it is issued, the premises to be searched and the record or other thing, or the class of records or other things, to be searched for. Execution of search warrant (3) A warrant issued under this section shall be executed between six o’clock in the forenoon and nine o’clock in the afternoon, unless the judge issuing it, by the warrant, authorizes execution of it at another time. Idem (4) A warrant issued under this section may be executed anywhere in Canada. Duty of persons in control of premises (5) Every person who is in possession or control of any premises or record or other thing in respect of which a warrant is issued under subsection (1) shall, on presentation of the warrant, permit the Commissioner or other person named in the warrant to enter the premises, search the premises and examine the record or other thing and to copy it or seize it. Where admission or access refused (6) Where the Commissioner or any other person, in executing a warrant issued under subsection (1), is refused access to any premises, record or other thing or where the Commissioner believes on reasonable grounds that access will be refused, the judge who issued the warrant or a judge of the same court, on the ex parte application of the Commissioner, may by order direct a peace officer to take such steps as the judge considers necessary to give the Commissioner or other person access. Where warrant not necessary (7) The Commissioner or the authorized representative of the Commissioner may exercise any of the powers set out in paragraph (1)(c) or (d) without a warrant if the conditions set out in paragraphs (1)(a) and (b) exist but by reason of exigent circumstances it would not be practical to obtain the warrant. Exigent circumstances (8) For the purposes of subsection (7), exigent circumstances include circumstances in which the delay necessary to obtain a warrant under subsection (1) would result in the loss or destruction of evidence. R.S., 1985, c. C-34, s. 15; R.S., 1985, c. 19 (2nd Supp.), s. 24; 1999, c. 2, ss. 8, 37; 2002, c. 8, s. 128