Acts and Regulations

P-22.1 - Provincial Offences Procedure Act

Section 139
Disposition versions

Full text
Warrants and telewarrants
139(1)Where the judge is satisfied that there are reasonable and probable grounds to believe that there is in or upon any place, container or vehicle an item of evidence, the judge may issue a search warrant in prescribed form.
139(2)The judge shall designate in the warrant a named court as the court at which a report under subsection 142(1) or (3) is to be filed.
139(3)The court designated as the named court under subsection (1) shall be
(a) in the case of an application under paragraph 138(2)(a), the court of the judge who issues the warrant, or
(b) in the case of an application under paragraph 138(2)(b), the court the judge considers appropriate.
139(4)Where an application is made under paragraph 138(2)(b), the judge shall, before issuing the search warrant, be satisfied that it is reasonable in the circumstances to dispense with the personal appearance of a peace officer, and where such a search warrant is issued, the judge shall
(a) direct the peace officer to complete a facsimile of the search warrant in the manner directed by the judge, and
(b) send or cause to be sent to the named court a copy of the search warrant issued under subsection (1), together with a record of the application in prescribed form.
139(5)A facsimile completed by a peace officer under paragraph (2)(a) shall be deemed to be a search warrant for the purposes of this Act.
1990, c.18, s.77
Warrants and telewarrants
139(1)Where the judge is satisfied that there are reasonable and probable grounds to believe that there is in or upon any place, container or vehicle an item of evidence, the judge may issue a search warrant in prescribed form.
139(2)The judge shall designate in the warrant a named court as the court at which a report under subsection 142(1) or (3) is to be filed.
139(3)The court designated as the named court under subsection (1) shall be
(a) in the case of an application under paragraph 138(2)(a), the court of the judge who issues the warrant, or
(b) in the case of an application under paragraph 138(2)(b), the court the judge considers appropriate.
139(4)Where an application is made under paragraph 138(2)(b), the judge shall, before issuing the search warrant, be satisfied that it is reasonable in the circumstances to dispense with the personal appearance of a peace officer, and where such a search warrant is issued, the judge shall
(a) direct the peace officer to complete a facsimile of the search warrant in the manner directed by the judge, and
(b) send or cause to be sent to the named court a copy of the search warrant issued under subsection (1), together with a record of the application in prescribed form.
139(5)A facsimile completed by a peace officer under paragraph (2)(a) shall be deemed to be a search warrant for the purposes of this Act.
1990, c.18, s.77