61Use of equipment to examine or process things

61 Use of equipment to examine or process things

(1) The national inspector executing a warrant or a person assisting may bring to the warrant premises any equipment reasonably necessary for the examination or processing of things found at the premises in order to determine whether they are things that may be seized under the warrant. (2) If: (a) it is not practicable to examine or process the things at the warrant premises; or (b) the occupier of the premises consents in writing; the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized under the warrant. (3) If things containing electronically stored information are moved to another place for the purpose of examination or processing under subsection (2), the national inspector executing the warrant must, if it is practicable to do so: (a) inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and (b) allow the occupier or his or her representative to be present during the examination or processing. (4) The national inspector executing the warrant or a person assisting may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant if the national inspector or person assisting believes, on reasonable grounds, that: (a) the equipment is suitable for the examination or processing; and (b) the examination or processing can be carried out without damage to the equipment or the thing.