An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts (S.C. 2017, c. 7)
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Assented to 2017-05-18
1996, c. 19Controlled Drugs and Substances Act (continued)
Marginal note:2012, c. 1, s. 43(1)
7 (1) The portion of subsection 10(2) of the French version of the Act before paragraph (a) is replaced by the following :
Marginal note:Circonstances à prendre en considération
(2) Le tribunal qui détermine la peine à infliger à une personne condamnée pour une infraction désignée — autre qu’une infraction pour laquelle il est tenu d’imposer une peine minimale d’emprisonnement — est tenu de considérer toute circonstance aggravante pertinente, notamment le fait que cette personne, selon le cas :
(2) Subparagraphs 10(2)(a)(iii) and (iv) of the Act are replaced by the following :
(iii) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years, or
(iv) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, to a person under the age of 18 years;
(3) Paragraph 10(2)(b) of the French version of the Act is replaced by the following :
b) a déjà été condamnée pour une infraction désignée;
(4) Paragraph 10(2)(c) of the English version of the Act is replaced by the following :
(c) used the services of a person under the age of eighteen years to commit, or involved such a person in the commission of, the offence.
Marginal note:2012, c. 1, s. 43(2)
(5) The portion of subsection 10(4) of the French version of the Act before paragraph (a) is replaced by the following :
Marginal note:Programme judiciaire de traitement de la toxicomanie
(4) Le tribunal qui détermine la peine à infliger à une personne condamnée pour une infraction prévue par la présente partie peut reporter la détermination de la peine :
8 The heading “Search, Seizure and Detention” before section 11 of the Act is repealed.
9 Subsection 11(4) of the Act is replaced by the following :
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 dispose of or otherwise deal with the things seized in accordance with the law.
10 The Act is amended by adding the following after section 12:
Marginal note:Report of seizure, finding, etc.
12.1 Subject to the regulations, every peace officer, inspector or prescribed person who seizes, finds or otherwise acquires a controlled substance, precursor or chemical offence-related property shall, within 30 days,
(a) prepare a report setting out
(i) the substance, precursor or property,
(ii) the amount of it that was seized, found or acquired,
(iii) the place where it was seized, found or acquired,
(iv) the date on which it was seized, found or acquired,
(v) the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs,
(vi) the number of the file or police report related to the seizure, finding or acquisition, and
(vii) any other prescribed information;
(b) cause the report to be sent to the Minister; and
(c) in the case of a seizure made under section 11 of this Act, the Criminal Code or a power of seizure at common law, cause a copy of the report to be filed with the justice who issued the warrant or another justice for the same territorial division or, if a warrant was not issued, a justice who would have had jurisdiction to issue a warrant.
PART IIIDisposition
11 Subsections 13(2) to (6) of the Act are replaced by the following :
Marginal note:Sections 489.1 and 490 of Criminal Code applicable
(2) If a thing seized under this Act is non-chemical offence-related property, sections 489.1 and 490 of the Criminal Code apply subject to sections 16 to 22 and subsections 31(6) to (9) of this Act.
Marginal note:Provisions of this Act applicable
(3) If a controlled substance, precursor or chemical offence-related property is seized under this Act, any other Act of Parliament or a power of seizure at common law, the provisions of this Act and the regulations apply in respect of that substance, precursor or property.
Marginal note:Recognizance
(4) If, under this section, an order is made in accordance with paragraph 490(9)(c) of the Criminal Code for the return of any non-chemical 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 the amount and with any conditions that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.
12 The heading before section 14 of the Act is replaced by the following :
Division 1Non-chemical Offence-related Property
Restraint Orders
13 (1) Subsection 14(1) of the Act is replaced by the following :
Marginal note:Application for restraint order
14 (1) The Attorney General may make an application in accordance with this section for a restraint order in respect of any non-chemical offence-related property.
(2) The portion of subsection 14(2) of the Act before paragraph (b) is replaced by the following :
(3) Paragraphs 14(2)(b) and (c) of the English version of the Act are replaced by the following :
Marginal note:2001, c. 32, s. 49(1)
(4) Subsection 14(3) of the Act is replaced by the following :
Marginal note:Restraint order
(3) The judge to whom the application is made may, if satisfied that there are reasonable grounds to believe that the property is non-chemical offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order other than in the manner that is specified in the order.
Marginal note:2001, c. 32, s. 50
14 Sections 14.1 and 15 of the Act are replaced by the following :
Marginal note:Sections 489.1 and 490 of Criminal Code applicable
15 (1) Subject to sections 16 to 22, sections 489.1 and 490 of the Criminal Code apply, with any modifications that the circumstances require, to any property that is the subject of a restraint order made under section 14.
Marginal note:Recognizance
(2) If, under this section, an order is made in accordance with paragraph 490(9)(c) of the Criminal Code for the return of any property that is the subject of a restraint order made under section 14, 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 the amount and with any conditions that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.
Management Orders
Marginal note:Management order
15.1 (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 non-chemical offence-related property seized under section 11 of this Act, the Criminal Code or a power of seizure at common law, or a judge in the case of property restrained under section 14, may, if they are 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) If 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) the power to make an interlocutory sale of perishable or rapidly depreciating property;
(b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and
(c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (8).
Marginal note:Application for destruction order
(4) Before a person who is appointed to manage property destroys property that has little or no value, they shall apply to a court for a destruction order.
Marginal note:Notice required before destruction
(5) Before making a destruction order, a court shall require notice in accordance with subsection (6) to be given to and may hear any person who, in the court’s opinion, appears to have a valid interest in the property.
Marginal note:Manner of giving notice
(6) A notice shall
Marginal note:Destruction order
(7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.
Marginal note:Application for forfeiture order
(8) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if
(a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;
(b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and
(c) during that period, no one makes such an application.
Marginal note:When management order ceases to have effect
(9) 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, destroyed or forfeited to Her Majesty.
Marginal note:For greater certainty
(10) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.
Marginal note:Application to vary conditions
(11) 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).
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