26.8 (1) In removing a record or other thing while acting under subsection 26.6 (2) or under an order issued under subsection 26.6 (6) or 26.7 (1), an investigator shall give a receipt to the person from whom the record or thing is removed.  2007, c. 5, s. 8. Detention of record or thing (2) A record or other thing removed by an investigator acting under subsection 26.6 (2) or under an order issued under subsection 26.6 (6) may be detained by him or her.  2007, c. 5, s. 8. Same (3) The investigator shall return within a reasonable time a record or other thing detained by him or her under subsection (2) to the person from whom the record or thing was removed if the investigator is satisfied that it is no longer necessary to detain the record or thing for the purposes of the investigation or any proceeding under this Act arising from the investigation.  2007, c. 5, s. 8. Same (4) Where an investigator has removed a record or other thing under an order issued under subsection 26.7 (1), the investigator, or a person designated by him or her, shall as soon as is reasonably possible, (a) bring the record or thing before a justice of the peace or provincial judge; or (b) make a report of the removal of the record or thing to a justice of the peace or provincial judge.  2007, c. 5, s. 8. Same (5) When, under subsection (4), a record or other thing that has been removed is brought before a justice of the peace or provincial judge, or a report in respect of it is made to a justice of the peace or provincial judge, he or she shall, (a) if he or she is satisfied that the record or thing should be detained for the purposes of an investigation or proceeding under this Act arising from the investigation, order that it be detained in the care of the investigator or a person designated by the investigator, or in the care of a person designated by the Independent Police Review Director, until the conclusion of the investigation or proceeding, if any; or (b) in any other case, order that the record or thing be returned to the person from whom it was removed.  2007, c. 5, s. 8. Same (6) On the motion of a person having an interest in a record or thing detained under subsection (2) or clause (5) (a) and on notice to the person from whom the record or thing was removed, the investigator and any other person who has an apparent interest in the record or thing detained, a justice of the peace or provincial judge may make an order for the examination, testing, inspection or copying of the record or thing, and may specify in the order such conditions as are reasonably necessary in the circumstances.  2007, c. 5, s. 8. Same (7) On the motion of a person having an interest in a record or thing detained under subsection (2) or clause (5) (a) and on notice to the person from whom the record or thing was removed, the investigator and any other person who has an apparent interest in the record or thing detained, a justice of the peace or provincial judge may make an order for the release of the record or thing to the person from whom it was removed, if it appears that the record or thing is no longer necessary for the purposes of the investigation or any proceeding under this Act arising from the investigation.  2007, c. 5, s. 8. Same (8) Subsection 159 (5) of the Provincial Offences Act applies, with necessary modifications, to an order made under subsection (6) or (7).  2007, c. 5, s. 8. Section Amendments with date in force (d/m/y) 2007, c. 5, s. 8
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