Marginal note:Application for return

• 14.5 (1) If proceedings are instituted in respect of a seized explosive or restricted component, the owner or the person having the possession of it at the time of its seizure may apply to the court before which the proceedings are being held for an order that it be returned.

• Marginal note:Order

  (2) On application under subsection (1), the court may order that the explosive or restricted component be returned to the applicant, subject to any conditions that the court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, if the court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining it.

Marginal note:Consent to forfeiture

14.6 If the owner of an explosive or a restricted component that is seized and detained under this Act consents in writing to its forfeiture, it is forfeited to Her Majesty in right of Canada.

Marginal note:Minister may direct inquiry

• 15. (1) The Minister may direct an inquiry to be made, subject to the Canadian Transportation Accident Investigation and Safety Board Act, whenever any accidental explosion of any explosive has occurred, or when any accident has been caused by an explosive.

• Marginal note:Authority of person appointed to inquire

  (2) The person authorized by the Minister to conduct an inquiry under subsection (1) has all the powers and authority of a commissioner appointed under Part I of the Inquiries Act.

• (3) [Repealed, 1989, c. 3, s. 42]

• Marginal note:Where provincial inquiry provided

  (4) This section does not apply where an accident has been caused by an explosion of an explosive occurring in any mine or quarry or metallurgical work in a province in which provision is made by the law of that province for a proper and thorough investigation and inquiry into the cause of such an accident.

Marginal note:Offences

• 16. (1) Every person who

  • (a) fails to permit an inspector to enter any place or to inspect, examine or make inquiries in pursuance of the inspector’s duties,

  • (b) fails to comply with any order, direction or requirement of an inspector made in pursuance of this Act or any regulation, in respect of which no appeal has been taken under section 17,

  • (c) fails to comply with any order, direction or requirement of an inspector made in pursuance of this Act or any regulation, as amended or confirmed by the Minister pursuant to section 17, or

  • (d) in any manner whatever, obstructs an inspector in the execution of the inspector’s duties under this Act,

  is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both.

• Marginal note:Certificate of Minister as evidence

  (2) In any prosecution under paragraph (1)(b) for failure to comply with an order, direction or requirement of an inspector, a certificate purporting to have been signed by or on behalf of the Minister stating that no appeal in respect of the order, direction or requirement has been taken under section 17 shall be received in evidence as proof, in the absence of evidence to the contrary, of that fact.

• Marginal note:Idem

  (3) In any prosecution under paragraph (1)(c) for failure to comply with an order, direction or requirement of an inspector as amended or confirmed by the Minister, a certificate purporting to have been signed by or on behalf of the Minister stating

  • (a) that the Minister has amended or confirmed the order, direction or requirement of the inspector, and

  • (b) the terms of the order, direction or requirement as amended or confirmed,

  shall be received in evidence as proof, in the absence of evidence to the contrary, of the matters set out in the certificate.