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

Act current to 2017-09-14 and last amended on 2017-05-18. Previous Versions

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.
Marginal note:Management order
  •  (1) On application of the Attorney General or of any other person with the written consent of the Attorney General, a justice in the case of offence-related property seized under section 11, or a judge in the case of offence-related property restrained under section 14, may, where he or she is of the opinion that the circumstances so require,

    • (a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and

    • (b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

  • Marginal note:Appointment of Minister of Public Works and Government Services

    (2) When the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.

  • Marginal note:Power to manage

    (3) The power to manage or otherwise deal with property under subsection (1) includes

    • (a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and

    • (b) in the case of property that has little or no value, the power to destroy that property.

  • Marginal note:Application for destruction order

    (4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.

  • Marginal note:Notice

    (5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property.

  • Marginal note:Manner of giving notice

    (6) A notice shall

    • (a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and

    • (b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.

  • Marginal note:Order

    (7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.

  • Marginal note:When management order ceases to have effect

    (8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.

  • Marginal note:Application to vary conditions

    (9) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).

  • 2001, c. 32, s. 50.
 
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