Marginal note:Seizure of records for safe-keeping

4. Where, on an application by or on behalf of the Attorney General of Canada, a superior court is satisfied that an order made under section 3 may not be complied with in relation to some or all of the records in Canada to which it relates, the court may issue a warrant authorizing a person named therein or a peace officer to seize those records and to deliver them to the court or a person designated by the court for safe-keeping while the order remains in force, on such terms as to access to the records or return of all or any of the records as are fixed by the court having regard to the object to which the order is directed.

Marginal note:Orders of Attorney General relating to measures of a foreign state or foreign tribunal

• 5. (1) Where, in the opinion of the Attorney General of Canada, a foreign state or foreign tribunal has taken or is proposing or is likely to take measures affecting international trade or commerce of a kind or in a manner that has adversely affected or is likely to adversely affect significant Canadian interests in relation to international trade or commerce involving business carried on in whole or in part in Canada or that otherwise has infringed or is likely to infringe Canadian sovereignty, the Attorney General of Canada may, with the concurrence of the Minister of Foreign Affairs, by order,

  • (a) require any person in Canada to give notice to him of such measures, or of any directives, instructions, intimations of policy or other communications relating to such measures from a person who is in a position to direct or influence the policies of the person in Canada; or

  • (b) prohibit any person in Canada from complying with such measures, or with any directives, instructions, intimations of policy or other communications relating to such measures from a person who is in a position to direct or influence the policies of the person in Canada.

• Marginal note:Measures

  (2) For the purposes of subsection (1), measures taken or to be taken by a foreign state or foreign tribunal include laws, judgments and rulings made or to be made by the foreign state or foreign tribunal and directives, instructions, intimations of policy and other communications issued by or to be issued by the foreign state or foreign tribunal.

• Marginal note:Form of orders

  (3) An order made under this section may be directed to a particular person or to a class of persons.

Marginal note:Service

• 6. (1) An order made under section 3 or 5

  • (a) may be served on a person, other than a corporation, to whom it is directed by delivering it personally to him or, if that person cannot conveniently be found, by leaving it for him at his latest known address with any person found therein who appears to be at least sixteen years of age; or

  • (b) may be served on a corporation to which it is directed by delivering it personally to the manager, secretary or other executive officer of the corporation or of a branch thereof.

• Marginal note:Idem

  (2) Where, on an application by or on behalf of the Attorney General of Canada, a superior court is satisfied that an order made under section 3 or 5 that is directed to a class of persons cannot reasonably be served in the manner described in paragraph (1)(a) or (b) on all or any of the persons included in the class, the court may, by order, authorize service of the order on those persons in such other manner as it considers appropriate.

• Marginal note:Idem

  (3) An order varying or revoking an order made under section 3 or 5 may be served on the person to whom it is directed in any manner in which the order could have been served on that person.