Marginal note:Disposal with consent
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.
Marginal note:Destruction of plant
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.
PART IVADMINISTRATION AND COMPLIANCE
Marginal note:Designation of inspectors
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.
Marginal note:Certificate of designation
(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.
Marginal note:Powers of inspector
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
(a) open and examine any receptacle or package found in that place in which a controlled substance or a precursor may be found;
(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;
(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;
(d) use or cause to be used any computer system at that place to examine any electronic data referred to in paragraph (c);
(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;
(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;
(g) use or cause to be used any copying equipment at that place to make copies of any document;
(h) examine any substance found in that place and take, for the purpose of analysis, such samples thereof as are reasonably required; and
(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.
Marginal note:Warrant required to enter dwelling-place
(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).
Marginal note:Authority to issue warrant
(3) Where, on ex parte application, a justice is satisfied by information on oath that
(a) a place referred to in subsection (1) is a dwelling-place but otherwise meets the conditions for entry described in that subsection,
(b) entry to the dwelling-place is necessary for the purpose of ensuring compliance with the regulations, and
(c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused,
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.
Marginal note:Use of force
(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.
Marginal note:Assistance to inspector
(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.
Marginal note:Storage of substances seized
(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.
(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.
Marginal note:Return by inspector
(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.
Marginal note:Return or disposal by Minister
(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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