Military Airworthiness Investigation Regulations — 9
Warrant 9 (1) A warrant issued under subsection 14(4) of the Act must be in the form set out in (a) Form 1 of the schedule, in the case of a warrant requested by an investigator who appears personally; and (b) Form 2 of the schedule, in the case of a warrant obtained by a means of telecommunication. Modifications to section 487.1 of Criminal Code (2) For the purposes of subsection 14(5) of the Act, section 487.1 of the Criminal Code is to be read as follows: Telewarrant 487.1 (1) 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 or the investigation of an accident or incident referred to in section 24.8 of the Aeronautics Act and that it would be impracticable to appear personally before a justice of the peace to make an application for a warrant in accordance with subsection 14(4) of the Act, the investigator may submit information on oath by telephone or other means of telecommunication to a justice of the peace designated for the purposes of section 487.1 of the Criminal Code by the chief judge of the provincial court having jurisdiction in the matter. Submission by means that does not produce writing (2) Information submitted by telephone or other means of telecommunication, other than a means of telecommunication that produces a writing, must be on oath and must be recorded verbatim by the justice of the peace, who must, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the record or a transcription of it, certified by the justice of the peace as to time, date and contents. Submission by means that produces writing (3) The justice of the peace who receives information submitted by a means of telecommunication that produces a writing must, as soon as practicable, cause to be filed, with the clerk of the court for the territorial division in which the warrant is intended for execution, the information certified by the justice of the peace as to time and date of receipt. Administration of oath (4) For the purposes of subsection (2), an oath may be administered by telephone or other means of telecommunication. Alternative to oath (5) An investigator who uses a means of telecommunication referred to in subsection (3) may, instead of swearing an oath, make a statement in writing stating that all matters contained in the information are true to his or her knowledge and belief and that statement is deemed to be a statement made under oath. Contents of information (6) Information submitted by telephone or other means of telecommunication must include (a) a statement of the circumstances that make it impracticable for the investigator to appear personally before a justice of the peace; (b) a description of the military-civilian occurrence or the accident or incident referred to in section 24.8 of the Aeronautics Act that is under investigation, the place or premises to be searched and the things alleged to be liable to seizure; (c) a statement of the investigator’s grounds for believing that things relevant to the investigation will be found in the place or premises to be searched; and (d) a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the investigator has knowledge. Issuing warrant (7) The justice of the peace may, if satisfied that information submitted by telephone or other means of telecommunication meets the following conditions, issue a warrant to an investigator conferring the same authority respecting search and seizure as may be conferred by a warrant issued by a justice of the peace before whom the investigator appears personally in accordance with subsection 14(4) of the Aeronautics Act and may require that the warrant be executed within the period that the justice of the peace may order: (a) the information is i