Competition Act

Marginal note:Presentation of or report on record or thing seized

• 17 (1) Where a record or other thing is seized pursuant to paragraph 15(1)(d), subsection 15(7) or section 16, the Commissioner or the authorized representative of the Commissioner shall, as soon as practicable,

  • (a) take the record or other thing before the judge who issued the warrant or a judge of the same court or, if no warrant was issued, before a judge of a superior or county court; or

  • (b) make a report in respect of the record or other thing to a judge determined in accordance with paragraph (a).

• Marginal note:Report

  (2) A report to a judge under paragraph (1)(b) in respect of a record or other thing shall include

  • (a) a statement as to whether the record or other thing was seized pursuant to paragraph 15(1)(d), subsection 15(7) or section 16;

  • (b) a description of the premises searched;

  • (c) a description of the record or other thing seized; and

  • (d) the location in which it is detained.

• Marginal note:Retention or return of thing seized

  (3) Where a record or other thing is seized pursuant to section 15 or 16, the judge before whom it is taken or to whom a report is made in respect of it pursuant to this section may, if he is satisfied that the record or other thing is required for an inquiry or any proceeding under this Act, authorize the Commissioner to retain it.