Controlled Drugs and Substances Act (S.C. 1996, c. 19)

Act current to 2016-09-18 and last amended on 2016-02-09. Previous Versions

PART IIEnforcement

Search, Seizure and Detention

Marginal note:Information for search warrant
  •  (1) A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that

    • (a) a controlled substance or precursor in respect of which this Act has been contravened,

    • (b) any thing in which a controlled substance or precursor referred to in paragraph (a) is contained or concealed,

    • (c) offence-related property, or

    • (d) any thing that will afford evidence in respect of an offence under this Act or an offence, in whole or in part in relation to a contravention of this Act, under section 354 or 462.31 of the Criminal Code

    is in a place may, at any time, issue a warrant authorizing a peace officer, at any time, to search the place for any such controlled substance, precursor, property or thing and to seize it.

  • Marginal note:Application of section 487.1 of the Criminal Code

    (2) For the purposes of subsection (1), an information may be submitted by telephone or other means of telecommunication in accordance with section 487.1 of the Criminal Code, with such modifications as the circumstances require.

  • Marginal note:Execution in another province

    (3) A justice may, where a place referred to in subsection (1) is in a province other than that in which the justice has jurisdiction, issue the warrant referred to in that subsection and the warrant may be executed in the other province after it has been endorsed by a justice having jurisdiction in that other province.

  • Marginal note:Effect of endorsement

    (4) An endorsement that is made on a warrant as provided for in subsection (3) is sufficient authority to any peace officer to whom it was originally directed and to all peace officers within the jurisdiction of the justice by whom it is endorsed to execute the warrant and to deal with the things seized in accordance with the law.

  • Marginal note:Search of person and seizure

    (5) Where a peace officer who executes a warrant issued under subsection (1) has reasonable grounds to believe that any person found in the place set out in the warrant has on their person any controlled substance, precursor, property or thing set out in the warrant, the peace officer may search the person for the controlled substance, precursor, property or thing and seize it.

  • Marginal note:Seizure of things not specified

    (6) A peace officer who executes a warrant issued under subsection (1) may seize, in addition to the things mentioned in the warrant,

    • (a) any controlled substance or precursor in respect of which the peace officer believes on reasonable grounds that this Act has been contravened;

    • (b) any thing that the peace officer believes on reasonable grounds to contain or conceal a controlled substance or precursor referred to in paragraph (a);

    • (c) any thing that the peace officer believes on reasonable grounds is offence-related property; or

    • (d) any thing that the peace officer believes on reasonable grounds will afford evidence in respect of an offence under this Act.

  • Marginal note:Where warrant not necessary

    (7) A peace officer may exercise any of the powers described in subsection (1), (5) or (6) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain one.

  • Marginal note:Seizure of additional things

    (8) A peace officer who executes a warrant issued under subsection (1) or exercises powers under subsection (5) or (7) may seize, in addition to the things mentioned in the warrant and in subsection (6), any thing that the peace officer believes on reasonable grounds has been obtained by or used in the commission of an offence or that will afford evidence in respect of an offence.

  • 1996, c. 19, s. 11;
  • 2005, c. 44, s. 13.
Marginal note:Assistance and use of force

 For the purpose of exercising any of the powers described in section 11, a peace officer may

  • (a) enlist such assistance as the officer deems necessary; and

  • (b) use as much force as is necessary in the circumstances.

Marginal note:Sections 489.1 and 490 of the Criminal Code applicable
  •  (1) Subject to subsections (2) and (3), sections 489.1 and 490 of the Criminal Code apply to any thing seized under this Act.

  • Marginal note:Sections 489.1 and 490 of the Criminal Code applicable

    (2) Where a thing seized under this Act is offence-related property, sections 489.1 and 490 of the Criminal Code apply subject to sections 16 to 22 of this Act.

  • Marginal note:Provisions of this Act applicable

    (3) Where a controlled substance is seized under this Act or any other Act of Parliament or pursuant to a power of seizure at common law, this Act and the regulations apply in respect of that substance.

  • Marginal note:Report to justice

    (4) Subject to the regulations, every peace officer who, pursuant to section 11, seizes a controlled substance shall, as soon as is reasonable in the circumstances after the seizure,

    • (a) prepare a report identifying the place searched, the controlled substance and the location where it is being detained;

    • (b) cause the report to be filed with the justice who issued the warrant or another justice for the same territorial division or, where by reason of exigent circumstances a warrant was not issued, a justice who would have had jurisdiction to issue a warrant; and

    • (c) cause a copy of the report to be sent to the Minister.

  • Marginal note:Report to justice

    (5) A report in Form 5.2 of the Criminal Code may be filed as a report for the purposes of subsection (4).

  • Marginal note:Recognizance

    (6) Where, pursuant to this section, an order is made under paragraph 490(9)(c) of the Criminal Code for the return of any offence-related property seized under this Act, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in such amount and with such conditions, if any, as the judge or justice directs and, where the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice such sum of money or other valuable security as the judge or justice directs.

Restraint Orders

Marginal note:Application for restraint order
  •  (1) The Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any offence-related property.

  • Marginal note:Procedure

    (2) An application made under subsection (1) for a restraint order in respect of any offence-related property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters:

    • (a) the offence against this Act to which the offence-related property relates;

    • (b) the person who is believed to be in possession of the offence-related property; and

    • (c) a description of the offence-related property.

  • Marginal note:Restraint order

    (3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in such manner as may be specified in the order.

  • Marginal note:Property outside Canada

    (4) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:Conditions

    (5) A restraint order made by a judge under this section may be subject to such reasonable conditions as the judge thinks fit.

  • Marginal note:Order in writing

    (6) A restraint order made under this section shall be made in writing.

  • Marginal note:Service of order

    (7) A copy of a restraint order made under this section shall be served on the person to whom the order is addressed in such manner as the judge making the order directs or in accordance with the rules of the court.

  • Marginal note:Registration of order

    (8) A copy of a restraint order made under this section shall be registered against any property in accordance with the laws of the province in which the property is situated.

  • Marginal note:Order continues in force

    (9) A restraint order made under this section remains in effect until

    • (a) an order is made under subsection 19(3) or 19.1(3) of this Act or subsection 490(9) or (11) of the Criminal Code in relation to the property; or

    • (b) an order of forfeiture of the property is made under subsection 16(1) or 17(2) of this Act or section 490 of the Criminal Code.

  • Marginal note:Offence

    (10) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.

  • 1996, c. 19, ss. 14, 93.2;
  • 2001, c. 32, s. 49.
 
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