Royal Canadian Mounted Police Act — R-10 40.2
Authority to issue warrant 40.2 (1) On ex parte application that has been approved by an officer designated by the Commissioner for the purposes of this section, a justice may issue a warrant if the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any receptacle or place not under the control of the Force anything that will afford evidence with respect to the contravention of a provision of the Code of Conduct. Dwelling-house (2) The application must indicate whether or not the place is a dwelling-house. Powers under warrant (3) The warrant may authorize a peace officer, and any other individual named in the warrant, to enter and search the place and to seize anything specified in the warrant, subject to any conditions specified in the warrant. Telewarrant provisions to apply (4) A warrant may be issued under this section by telephone or other means of telecommunication on application submitted by a peace officer by one of those means and section 487.1 of the Criminal Code applies for that purpose with any modifications that the circumstances require. Execution of search warrant (5) A warrant issued under this section shall be executed by day, unless (a) the justice is satisfied that there are reasonable grounds for it to be executed by night; (b) the reasonable grounds are included in the information; and (c) the warrant authorizes that it be executed by night. Operation of computer system and copying equipment (6) A person authorized under this section to search a computer system in a place for data may (a) use or cause to be used any computer system at the place to search any data contained in or available to the computer system; (b) reproduce or cause to be reproduced any data in the form of a print-out or other intelligible output; (c) seize the print-out or other output for examination or copying; and (d) use or cause to be used any copying equipment at the place to make copies of the data. Receipt and report (7) A person who seizes a thing under this section shall give a receipt to the person from whom the thing was seized and shall as soon as feasible, make a report of the seizure to a justice. Return or detention (8) If a report of the seizure is made to the justice, the justice shall, (a) if the lawful owner or person who is lawfully entitled to possession of the thing seized is known, order it to be returned to that owner or person, unless the person having custody of the thing seized satisfies the justice that the detention of the thing seized is required for the purposes of any proceeding under this Part; or (b) if the person having custody of the thing seized satisfies the justice that the thing seized should be detained, order that it be detained in the Force’s care until the conclusion of the proceedings. Application for order of return (9) On application by the person from whom a thing was seized and on three clear days notice to the Commissioner, a justice may make an order for the release of the thing to the person if the justice is satisfied that the thing is no longer necessary for the purposes of the investigation or any proceeding under this Part arising from the investigation. Storage and removal (10) A thing seized under this section may be stored in the place where it was seized or it may, at the discretion of a peace officer, be removed to any other place for storage. 2013, c. 18, s. 29