Section 44.09 — Copyright Act: Application to court

In the course of proceedings referred to in subsection 44.04(3), the court may, on the application of the Minister or a party to the proceedings, impose conditions on the storage or detention of the copies that are the subject of the proceedings; or direct that the copies are no longer to be detained for the purpose of the proceedings, on any conditions that the court may impose, if their owner, importer, exporter or consignee furnishes security in an amount fixed by the court. If a party applies to have the detained copies stored in a place other than a bonded warehouse or a sufferance warehouse, as those terms are defined in subsection 2(1) of the Customs Act , the Minister must consent to the storage of the copies in that place before a condition to that effect is imposed under subsection (1). The court may impose a condition described in subsection (2) despite section 31 of the Customs Act . A direction under paragraph (1)(b) that the copies are no longer to be detained for the purpose of the proceedings does not preclude a customs officer from continuing to detain the copies under the Customs Act for another purpose. In the course of proceedings referred to in subsection 44.04(3), the court may, on the application of the Minister or a party to the proceedings, require the owner of copyright to furnish security, in an amount fixed by the court, to cover duties, storage and handling charges, and any other amount that may become chargeable against the copies;

and to answer any damages that may, because of the detention of the copies, be sustained by the owner, importer, exporter or consignee of the copies.