REPORT OF THE COMMITTEE

Thursday, May 9, 2013

The Standing Senate Committee on Legal and Constitutional Affairs

has the honour to present its

TWENTY-SIXTH REPORT

Your committee, to which was referred Bill S-16, An Act to amend the Criminal Code (trafficking in contraband tobacco), has, in obedience to the order of reference of Tuesday, April 16, 2013, examined the said Bill and now reports the same without amendment.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

Bob Runciman

Chair

OBSERVATIONS to the Twenty-sixth Report of the
Standing Senate Committee on Legal and Constitutional Affairs
(Bill S-16)

The committee heard that provincial police forces do not have the authority to search a vehicle under the Excise Act, 2001 or the Customs Act, unless they are involved in a joint effort with Royal Canadian Mounted Police. Consequently, the committee believes that it may be of assistance to law enforcement for the government to consider:

a) amending the definition of an “officer” in section 2 of the Customs Act as follows:

i) “Officer” means a person employed in the administration or enforcement of this Act…and includes any member of the Royal Canadian Mounted Police or any provincial police force.

b) designating all provincial police forces for the purposes of enforcement of the Excise Act under section 10 of that Act.