Section 30.08 — Competition Act: Sending abroad

At the hearing referred to in subsection 30.06(3), after having considered any representations of the Minister of Justice, the Commissioner, the person from whom a record or thing was seized and any person who claims to have an interest in the record or thing, the judge who issued the search warrant or another judge of the same court may where the judge is not satisfied that the warrant was executed according to its terms and conditions or where the judge is satisfied that an order should not be made under paragraph (b), order that a record or thing seized be returned to the person from whom it was seized, if possession of it by that person is lawful, or the lawful owner or the person who is lawfully entitled to its possession, if the owner or that person is known and possession of the record or thing by the person from whom it was seized is unlawful; or in any other case, order that a record or thing seized be sent to the foreign state mentioned in subsection 30.05(1) and include in the order any terms and conditions that the judge considers desirable, including terms and conditions necessary to give effect to the request mentioned in that subsection, in respect of the preservation and return to Canada of any record or thing seized, and in respect of the protection of the interests of third parties. At the hearing mentioned in subsection (1), the judge may require that a record or thing seized be brought before him or her.