409Exception to requirement to return identity card if authorised person continues to exercise other powers

409  Exception to requirement to return identity card if authorised person continues to exercise other powers

  Subsection 35(3) of the Regulatory Powers Act does not apply if a person who ceases to be an authorised person for the purposes of Part 2 of that Act, as that Part applies in relation to the provisions mentioned in subsection 397(1) and the information mentioned in subsection 397(2) of this Act, continues to be a person who exercises powers under this Act, or Part 3 of that Act as that Part applies in relation to this Act, for which the person is required to hold an identity card.

Note: A defendant bears an evidential burden in relation to the matter in this section: see subsection 13.3(3) of the Criminal Code.