158.1  (1) A provincial offences officer may submit an information on oath, by a means of electronic communication that produces a writing, to a justice designated for the purpose by the Chief Justice of the Ontario Court of Justice. 2020, c. 18, Sched. 18, s. 14 (1). Filing of information (2) The justice who receives an information submitted under subsection (1) shall, as soon as practicable, cause the information to be filed with the clerk of the court, certified by the justice as to time and date of receipt.  2002, c. 18, Sched. A, s. 15 (4); 2017, c. 34, Sched. 35, s. 24. Same, alternative to oath (3) A provincial offences officer who submits an information under subsection (1) 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 the statement is deemed to be made under oath.  2002, c. 18, Sched. A, s. 15 (4). Contents of information (4) An information submitted under subsection (1) shall include, (a)  Repealed: 2020, c. 18, Sched. 18, s. 14 (2); (b)  a statement of the alleged offence, the place to be searched and the items alleged to be liable to seizure; (c)  a statement of the provincial offences officer’s grounds for believing that items liable to seizure in respect of the alleged offence will be found in the place 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 provincial offences officer has knowledge.  2002, c. 18, Sched. A, s. 15 (4); 2017, c. 34, Sched. 35, s. 20 (2); 2020, c. 18, Sched. 18, s. 14 (2). Issuing warrant (5) A justice to whom an information is submitted under subsection (1) may, if the conditions set out in subsection (6) are met, (a)  issue a warrant to a provincial offences officer conferring the same authority respecting search and seizure as may be conferred by a warrant issued by a justice before whom the provincial offences officer appears personally under section 158; and (b)  require that the warrant be executed within such time period as the justice may order.  2002, c. 18, Sched. A, s. 15 (4). Conditions (6) The conditions referred to in subsection (5) are that the justice is satisfied that the information, (a)  is in respect of an offence and complies with subsection (4); and (b)  Repealed: 2020, c. 18, Sched. 18, s. 14 (3); and (c)  discloses reasonable grounds, in accordance with section 158, for the issuance of a warrant in respect of an offence.  2002, c. 18, Sched. A, s. 15 (4); 2020, c. 18, Sched. 18, s. 14 (3). Application of s. 158 (2) and (3) (7) Subsections 158 (2) and (3) apply to a warrant issued under this section.  2002, c. 18, Sched. A, s. 15 (4). Form, transmission and filing of warrant (8) A justice who issues a warrant under this section shall, (a)  complete and sign the warrant, noting on its face the time, date and place of issuance; (b)  transmit the warrant by the means of electronic communication to the provincial offences officer who submitted the information; and (c)  as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court.  2002, c. 18, Sched. A, s. 15 (4); 2017, c. 34, Sched. 35, s. 24; 2020, c. 18, Sched. 18, s. 14 (4). Copies (9) The copy of the warrant that is transmitted to the provincial offences officer and any copies that are made from the transmitted copy have the same effect as the original for all purposes.  2002, c. 18, Sched. A, s. 15 (4). Providing or affixing copy when executing warrant (10) When a provincial offences officer executes a warrant issued under this section, (a)  if the place to be searched is occupied, the provincial offences officer shall, before entering or as soon as practicable thereafter, give a copy of the warrant to any person present and ostensibly in control of the place; and (b)  if the place to be searched is unoccupied, the provincial offences officer shall, on entering or as soon as practicable thereafter, cause a copy of the warrant to be suitably and prominently affixed within the place.  2002, c. 18, Sched. A, s. 15 (4); 2017, c. 34, Sched. 35, s. 24. Proof of authorization (11) In any proceeding in which it is material for a court to be satisfied that a search or seizure was authorized by a warrant issued under this section, the warrant or the related information shall be produced and the court shall verify, (a)  in the case of the warrant, that it is signed by the justice and bears on its face a notation of the time, date and place of issuance; (b)  in the case of the related information, that it is certified by the justice as to time and date of receipt.  2002, c. 18, Sched. A, s. 15 (4). Presumption (12) If the warrant or related information is not produced or if the matters set out in clause (11) (a) or (b) cannot be verified, it shall be presumed, in the absence of evidence to the contrary, that the search or seizure was not authorized by a warrant issued under this section.  2002, c. 18, Sched. A, s. 15 (4). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. A, s. 15 (4) - 30/06/2008 2017, c. 34, Sched. 35, s. 20 (1, 2), 24 - 14/12/2017 2020, c. 18, Sched. 18, s. 14 (1-4) - 21/07/2020