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| Application of
sections 462.3
and 462.32 to
462.5 of the
Criminal
Code
respecting
proceeds
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23. (1) Sections 462.3 and 462.32 to 462.5
of the Criminal Code apply, with such
modifications as the circumstances require, in
respect of proceedings for a designated
substance offence.
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| Application of
sections 462.3
and 462.32 to
462.5 of the
Criminal
Code
respecting
proceeds
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(2) For the purposes of subsection (1),
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(a) a reference in section 462.37 or 462.38
or subsection 462.41(2) of the Criminal
Code to an enterprise crime offence shall be
deemed to be a reference to a designated
substance offence;
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(b) a reference in subsection 462.37(1) or
462.42(6), paragraph 462.43(c) or section
462.5 of the Criminal Code to the Attorney
General in relation to the manner in which
forfeited property is to be disposed of or
otherwise dealt with shall be deemed to be
a reference to
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(i) where the prosecution of the offence in
respect of which the property was
forfeited was commenced at the instance
of the government of a province and
conducted by or on behalf of that
government, the Attorney General or
Solicitor General of that province, and
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(ii) in any other case, such member of the
Queen's Privy Council for Canada as
may be designated for the purposes of
this subparagraph; and
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(c) a reference in subsection 462.38(2) of
the Criminal Code to the Attorney General
in relation to the manner in which forfeited
property is to be disposed of or otherwise
dealt with shall be deemed to be a reference
to
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(i) where the prosecution of the offence in
respect of which the property was
forfeited was commenced at the instance
of the government of a province, the
Attorney General or Solicitor General of
that province, and
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(ii) in any other case, such member of the
Queen's Privy Council for Canada as
may be designated for the purposes of
this subparagraph.
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| Application
for return of
substance
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24. (1) Where a controlled substance has
been seized, found or otherwise acquired by a
peace officer or an inspector, any person may,
within sixty days after the date of the seizure,
finding or acquisition, on prior notification
being given to the Attorney General in the
prescribed manner, apply, by notice in writing
to a justice in the jurisdiction in which the
substance is being detained, for an order to
return that substance to the person.
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| Order to
return
substance
forthwith
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(2) Where, on the hearing of an application
made under subsection (1), a justice is
satisfied that an applicant is the lawful owner
or is lawfully entitled to possession of the
controlled substance and the Attorney General
does not indicate that the substance or a
portion of it may be required for the purposes
of a preliminary inquiry, trial or other
proceeding under this or any other Act of
Parliament, the justice shall, subject to
subsection (5), order that the substance or the
portion not required for the purposes of the
proceeding be returned forthwith to the
applicant.
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| Order to
return
substance at
specified time
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(3) Where, on the hearing of an application
made under subsection (1), a justice is
satisfied that an applicant is the lawful owner
or is lawfully entitled to possession of the
controlled substance but the Attorney General
indicates that the substance or a portion of it
may be required for the purposes of a
preliminary inquiry, trial or other proceeding
under this or any other Act of Parliament, the
justice shall, subject to subsection (5), order
that the substance or the portion required for
the purposes of the proceeding be returned to
the applicant
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(a) on the expiration of one hundred and
eighty days after the application was made,
if no proceeding in relation to the substance
has been commenced before that time; or
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(b) on the final conclusion of the proceeding
or any other proceeding in relation to the
substance, where the applicant is not found
guilty in those proceedings of an offence
committed in relation to the substance.
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| Order to
return
substance
refused
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(4) Where, on the hearing of an application
made under subsection (1), a justice is not
satisfied that an applicant is the lawful owner
or is lawfully entitled to possession of the
controlled substance, the justice shall order
that the substance or the portion not required
for the purposes of a preliminary inquiry, trial
or other proceeding under this or any other Act
of Parliament be forfeited to Her Majesty to be
disposed of or otherwise dealt with in
accordance with the regulations or, if there are
no applicable regulations, in such manner as
the Minister directs.
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| Payment of
compensation
in lieu
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(5) Where, on the hearing of an application
made under subsection (1), a justice is
satisfied that an applicant is the lawful owner
or is lawfully entitled to possession of a
controlled substance, but an order has been
made under subsection 26(2) in respect of the
substance, the justice shall make an order that
an amount equal to the value of the substance
be paid to the applicant.
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| Disposal by
Minister
where no
application
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25. Where no application for the return of a
controlled substance has been made under
subsection 24(1) within sixty days after the
date of the seizure, finding or acquisition by a
peace officer or inspector and the substance or
a portion of it is not required for the purposes
of any preliminary inquiry, trial or other
proceeding under this Act or any other Act of
Parliament, the substance or the portion not
required for the purposes of the proceeding
shall be delivered to the Minister to be
disposed of or otherwise dealt with in
accordance with the regulations or, if there are
no applicable regulations, in such manner as
the Minister directs.
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| Security,
health or
safety hazard
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26. (1) Where the Minister has reasonable
grounds to believe that a controlled substance
that has been seized, found or otherwise
acquired by a peace officer or inspector
constitutes a potential security, public health
or safety hazard, the Minister may, on prior
notification being given to the Attorney
General in the prescribed manner, at any time,
make an application, ex parte, to a justice for
an order that the substance or a portion of it be
forfeited to Her Majesty to be disposed of or
otherwise dealt with in accordance with the
regulations or, if there are no applicable
regulations, in such manner as the Minister
directs.
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| Security,
health or
safety hazard
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(2) Where, on the hearing of an application
made under subsection (1), a justice is
satisfied that there are reasonable grounds to
believe that the controlled substance
constitutes a potential security, public health
or safety hazard, the justice shall order that the
substance or any portion not required for the
purposes of a preliminary inquiry, trial or
other proceeding under this or any other Act of
Parliament be forfeited to Her Majesty to be
disposed of or otherwise dealt with in
accordance with the regulations or, if there are
no applicable regulations, in such manner as
the Minister directs.
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| Disposal
following
proceedings
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27. Subject to section 24, where, pursuant to
a preliminary inquiry, trial or other proceeding
under this or any other Act of Parliament, the
court before which the proceedings have been
brought is satisfied that any controlled
substance that is the subject of proceedings
before the court is no longer required by that
court or any other court, the court
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(i) where it is satisfied that the person
from whom the substance was seized
came into possession of the substance in
accordance with the regulations and
continued to deal with it in accordance
with the regulations, order that the
substance be returned to the person, or
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(ii) where it is satisfied that possession of
the substance by the person from whom
it was seized is unlawful and the person
who is lawfully entitled to its possession
is known, order that the substance be
returned to the person who is the lawful
owner or is lawfully entitled to its
possession; and
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(b) may, where it is not satisfied that the
substance should be returned pursuant to
subparagraph (i) or (ii) or where possession
of the substance by the person from whom
it was seized is unlawful and the person who
is the lawful owner or is lawfully entitled to
its possession is not known, order that the
substance be forfeited to Her Majesty to be
disposed of or otherwise dealt with in
accordance with the regulations or, if there
are no applicable regulations, in such
manner as the Minister directs.
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| Disposal with
consent
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28. Where a controlled substance has been
seized, found or otherwise acquired by a peace
officer or inspector under this Act or the
regulations and the substance or a portion of it
is not required for the purposes of a
preliminary inquiry, trial or other proceeding
under this or any other Act of Parliament, the
person who is the lawful owner or is lawfully
entitled to its possession may consent to its
disposal, and on such consent being given the
substance or portion is thereupon forfeited to
Her Majesty and may be disposed of or
otherwise dealt with in accordance with the
regulations or, if there are no applicable
regulations, in such manner as the Minister
directs.
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| Destruction of
plant
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29. The Minister may, on prior notification
being given to the Attorney General, cause to
be destroyed any plant from which a substance
included in Schedule I, II, III or IV may be
extracted that is being produced otherwise
than under the authority of and in accordance
with a licence issued under the regulations.
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| Designation
of inspectors
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30. (1) The Minister may designate, in
accordance with the regulations made
pursuant to paragraph 55(1)(n), any person as
an inspector for the purposes of this Act and
the regulations.
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| Certificate of
designation
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(2) An inspector shall be furnished with a
prescribed certificate of designation, and on
entering any place pursuant to
subsection 31(1) shall, on request, produce
the certificate to the person in charge of the
place.
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| Powers of
inspector
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31. (1) Subject to subsection (2), an
inspector may, to ensure compliance with the
regulations, at any reasonable time enter any
place the inspector believes on reasonable
grounds is used for the purpose of conducting
the business or professional practice of any
person licensed or otherwise authorized under
the regulations to deal in a controlled
substance or a precursor and may for that
purpose
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(a) open and examine any receptacle or
package found in that place in which a
controlled substance or a precursor may be
found;
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(b) examine any thing found in that place
that is used or may be capable of being used
for the production, preservation, packaging
or storage of a controlled substance or a
precursor;
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(c) examine any labels or advertising
material or records, books, electronic data
or other documents found in that place with
respect to any controlled substance or
precursor, other than the records of the
medical condition of persons, and make
copies thereof or take extracts therefrom;
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(d) use or cause to be used any computer
system at that place to examine any
electronic data referred to in paragraph (c);
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(e) reproduce any document from any
electronic data referred to in paragraph (c)
or cause it to be reproduced, in the form of
a printout or other output;
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(f) take the labels or advertising material or
records, books or other documents referred
to in paragraph (c) or the printout or other
output referred to in paragraph (e) for
examination or copying;
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(g) use or cause to be used any copying
equipment at that place to make copies of
any document;
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(h) examine any substance found in that
place and take, for the purpose of analysis,
such samples thereof as are reasonably
required; and
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(i) seize and detain in accordance with this
Part, any controlled substance or precursor
the seizure and detention of which the
inspector believes on reasonable grounds is
necessary.
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| Warrant
required to
enter
dwelling-plac
e
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(2) Where a place referred to in
subsection (1) is a dwelling-place, an
inspector may not enter the dwelling-place
without the consent of an occupant thereof
except under the authority of a warrant issued
under subsection (3).
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| Authority to
issue warrant
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(3) Where, on ex parte application, a justice
is satisfied by information on oath that
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(a) a place referred to in subsection (1) is a
dwelling-place but otherwise meets the
conditions for entry described in that
subsection,
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(b) entry to the dwelling-place is necessary
for the purpose of ensuring compliance with
the regulations, and
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(c) entry to the dwelling-place has been
refused or there are reasonable grounds to
believe that entry will be refused,
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the justice may issue a warrant authorizing the
inspector named in it to enter that
dwelling-place and exercise any of the powers
mentioned in paragraphs (1)(a) to (i), subject
to such conditions as may be specified in the
warrant.
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| Use of force
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(4) In executing a warrant issued under
subsection (3), an inspector shall not use force
unless the inspector is accompanied by a
peace officer and the use of force is
specifically authorized in the warrant.
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| Assistance to
inspector
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(5) The owner or other person in charge of
a place entered by an inspector under
subsection (1) and every person found there
shall give the inspector all reasonable
assistance in the power of that person and
furnish the inspector with such information as
the inspector may reasonably require.
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| Storage of
substances
seized
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(6) Where an inspector seizes and detains a
controlled substance or a precursor, the
substance or precursor may, at the discretion
of the inspector, be kept or stored at the place
where it was seized or, at the direction of the
inspector, be removed to any other proper
place.
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| Notice
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(7) An inspector who seizes a controlled
substance or a precursor shall take such
measures as are reasonable in the
circumstances to give to the owner or other
person in charge of the place where the seizure
occurred notice of the seizure and of the
location where the controlled substance or
precursor is being kept or stored.
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| Return by
inspector
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(8) Where an inspector determines that to
ensure compliance with the regulations it is no
longer necessary to detain a controlled
substance or a precursor seized by the
inspector under paragraph (1)(i), the inspector
shall notify in writing the owner or other
person in charge of the place where the seizure
occurred of that determination and, on being
issued a receipt for it, shall return the
controlled substance or precursor to that
person.
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| Return or
disposal by
Minister
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(9) Notwithstanding sections 24, 25
and 27, where a period of one hundred and
twenty days has elapsed after the date of a
seizure under paragraph (1)(i) and the
controlled substance or precursor has not been
returned in accordance with subsection (8),
the controlled substance or precursor shall be
returned, disposed of or otherwise dealt with
in such manner as the Minister directs, in
accordance with any applicable regulations.
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| Obstructing
inspector
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32. (1) No person shall, by act or omission,
obstruct an inspector who is engaged in the
performance of duties under this Act or the
regulations.
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| False
statements
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(2) No person shall knowingly make any
false or misleading statement verbally or in
writing to an inspector who is engaged in the
performance of duties under this Act or the
regulations.
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| Interference
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(3) No person shall, without the authority of
an inspector, remove, alter or interfere in any
way with anything seized, detained or taken
under section 31.
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| Designation
of regulations
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33. The Governor in Council may, by
regulation, designate any regulation made
under this Act (in this Part referred to as a
``designated regulation'') as a regulation the
contravention of which shall be dealt with
under this Part.
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| Contravention
of designated
regulation
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34. Where the Minister has reasonable
grounds to believe that a person has
contravened a designated regulation, the
Minister shall
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(a) in the prescribed manner, serve a notice
to appear on the person; and
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(b) send a copy of the notice to appear to an
adjudicator and direct the adjudicator to
conduct a hearing to determine whether the
contravention has occurred and to notify the
Minister of the adjudicator's determination.
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| Interim order
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35. (1) Where the Minister has reasonable
grounds to believe that a person has
contravened a designated regulation and the
Minister is of the opinion that, as a result of
that contravention, there is a substantial risk of
immediate danger to the health or safety of
any person, the Minister may, without giving
prior notice to the person believed to have
contravened the designated regulation, make
an interim order in respect of the person
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(a) prohibiting the person from doing
anything that the person would otherwise be
permitted to do under their licence, permit
or authorization, or
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(b) subjecting the doing of anything under
the designated regulation by the person to
the terms and conditions specified in the
interim order,
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and may, for that purpose, suspend, cancel or
amend the licence, permit or authorization
issued or granted to the person or take any
other measures set out in the regulations.
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| Interim order
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(2) Where the Minister makes an interim
order under subsection (1), the Minister shall
forthwith
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(a) in the prescribed manner, serve the
interim order on the person;
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(b) in the prescribed manner, serve a notice
to appear on the person; and
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(c) send a copy of the interim order and the
notice to appear to an adjudicator and direct
the adjudicator to conduct a hearing to
determine whether the contravention has
occurred and to notify the Minister of the
adjudicator's determination.
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| Hearing by
adjudicator
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36. (1) Where an adjudicator receives from
the Minister a copy of a notice to appear under
paragraph 34(b) or 35(2)(c), the adjudicator
shall conduct a hearing on a date to be fixed by
the adjudicator at the request of the person on
whom the notice was served, on two days
notice being given to the adjudicator, which
hearing date may not
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(a) in the case of a notice served under
paragraph 34(a), be less than thirty days, or
more than forty-five days, after the day of
service of the notice; or
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(b) in the case of a notice served under
paragraph 35(2)(b), be less than three days,
or more than forty-five days, after the day
of service of the notice.
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| Change of
hearing date
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(2) Where the adjudicator is unable to
conduct a hearing on the date referred to in
subsection (1), the adjudicator shall forthwith
notify the person and fix, for the purpose of
holding the hearing, the earliest possible date
to which the adjudicator and the person agree.
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| Proceedings
on default
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(3) Where an adjudicator has received a
copy of a notice to appear referred to in
subsection (1) and where the person on whom
the notice is served has not requested a date for
a hearing within forty-five days after the
notice was served on that person, or where the
person, having requested a hearing, fails to
appear for the hearing, the adjudicator shall
proceed to make a determination in the
absence of the person.
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