An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts (S.C. 2017, c. 7)

• 23 (1) The portion of section 27 of the Act before paragraph (a) is replaced by the following :

  Marginal note:Disposition following proceedings

  27 Subject to section 24, if, in a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the court before which the proceedings have been brought is satisfied that any controlled substance, precursor or chemical offence-related property that is the subject of proceedings before the court is no longer required by that court or any other court, the court

• (2) Subparagraphs 27(a)(i) and (ii) of the Act are replaced by the following :

  • (i) if it is satisfied that the person from whom the substance, precursor or property was seized came into possession of it lawfully and continued to deal with it lawfully, order that it be returned to the person, or

  • (ii) if it is satisfied that possession of the substance, precursor or property 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 known, order that it be returned to the person who is the lawful owner or is lawfully entitled to its possession; and

• (3) Paragraph 27(b) of the Act is replaced by the following :

  • (b) may, if it is not satisfied that the substance, precursor or property should be returned under subparagraph (a)(i) or (ii) or if possession of it 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 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 the manner that the Minister directs.

24 Sections 28 and 29 of the Act are replaced by the following :

Marginal note:2015, c. 22, s. 2

25 Subsection 30(2) of the Act is replaced by the following :

• 26 (1) The portion of subsection 31(1) of the Act before paragraph (b) is replaced by the following :

  Marginal note:Powers of inspector

  • 31 (1) Subject to subsection (2), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations, enter any place, including a conveyance, referred to in subsection (1.1) and may for that purpose

    • (a) open and examine any receptacle or package found in that place in which a controlled substance, precursor or designated device may be found;

• (2) Paragraph 31(1)(b) of the French version of the Act is replaced by the following :

  • b) examiner toute chose trouvée sur les lieux et servant — ou susceptible de servir — à la production, à la conservation, à l’emballage ou à l’entreposage d’une substance désignée ou d’un précurseur;

• (3) Paragraph 31(1)(c) of the Act is replaced by the following :

  • (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, precursor, or designated device other than the records of the medical condition of persons, and make copies thereof or take extracts therefrom;

• (4) Subsection 31(1) of the Act is amended by adding the following after paragraph (g):

  • (g.1) take photographs and make recordings and sketches;

• (5) Subsection 31(1) of the Act is amended by striking out “and” at the end of paragraph (h) and by replacing paragraph (i) with the following :

  • (i) seize and detain, in accordance with this Part, any controlled substance, precursor, designated device or conveyance found in that place the seizure and detention of which the inspector believes on reasonable grounds are necessary;

  • (j) order the owner or person having possession, care or control of any controlled substance, precursor, designated device or other thing to which the provisions of this Act or the regulations apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (k) order the owner or person having possession, care or control of any conveyance that is found in that place and that the inspector believes on reasonable grounds contains a controlled substance, precursor or designated device to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (l) order any person in that place to establish their identity to the inspector’s satisfaction; and

  • (m) order a person who, at that place, conducts an activity to which the provisions of this Act or the regulations apply to stop or start the activity.

• Marginal note:2015, c. 22, s. 3(1), (2)(E) and (3)

  (6) Subsections 31(1.1) to (3) of the Act are replaced by the following :

  • Marginal note:Place

    (1.1) For the purposes of subsection (1), the inspector may only enter a place in which they believe on reasonable grounds

    • (a) a controlled substance, precursor, designated device or document relating to the administration of this Act or the regulations is located;

    • (b) an activity could be conducted under a licence, permit, authorization or exemption that is under consideration by the Minister;

    • (c) an activity to which the provisions of this Act or the regulations apply is being conducted; or

    • (d) an activity was being conducted under a licence, permit, authorization or exemption before the expiry or revocation of the licence, permit, authorization or exemption, in which case the inspector may enter the place only within 45 days after the day on which it expired or was revoked.

  • Marginal note:Means of telecommunication

    (1.2) For the purposes of subsections (1) and (1.1), an inspector is considered to have entered a place when they access it remotely by a means of telecommunication.

  • Marginal note:Limitation — access by means of telecommunication

    (1.3) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and only for the period necessary for any purpose referred to in subsection (1).

  • Marginal note:Person accompanying inspector

    (1.4) An inspector may be accompanied by any other person that the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section.

  • Marginal note:Entering private property

    (1.5) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1.1).

  • Marginal note:Warrant to enter dwelling-house

    (2) In the case of a dwelling-house, an inspector may enter it only with the consent of an occupant or under the authority of a warrant issued under subsection (3).

  • Marginal note:Authority to issue warrant

    (3) A justice may, on ex parte application, issue a warrant authorizing the inspector named in it to enter a place and exercise any of the powers mentioned in paragraphs (1)(a) to (m), subject to any conditions that are specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the place is a dwelling-house but otherwise meets the conditions for entry described in subsections (1) and (1.1);

    • (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or the regulations; and

    • (c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused.

• Marginal note:2015, c. 22, s. 3(4)(E)

  (7) Subsections 31(5) to (9) of the Act are replaced by the following :

  • Marginal note:Assistance to inspector

    (5) The owner or other person in charge of a place entered by an inspector and every person found there shall give the inspector all reasonable assistance in that person’s power and provide the inspector with any information that the inspector may reasonably require.

  • Marginal note:Storage

    (6) Anything that is seized and detained by an inspector under this section may, at the inspector’s discretion, be kept or stored at the place where it was seized or, at the inspector’s direction, be removed to any other proper place.

  • Marginal note:Notice

    (7) An inspector who seizes anything under this section shall take any measures that 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 thing is being kept or stored.

  • Marginal note:Return by inspector

    (8) If an inspector determines that to verify compliance or prevent non-compliance with the provisions of this Act or the regulations it is no longer necessary to detain anything seized by the inspector under this section, 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 thing to that person.

  • Marginal note:Return or disposition by Minister

    (9) Despite sections 24, 25 and 27, if a period of 120 days has elapsed after the date of a seizure under this section and the thing has not been returned in accordance with subsection (8), it shall be returned, disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

• (8) Subsection 31(9) of the Act is replaced by the following :

  • Marginal note:Return or disposition by Minister

    (9) If a period of 120 days has elapsed after the date of a seizure under this section and the thing has not been returned, disposed of or otherwise dealt with in accordance with subsection (8) or any of sections 24 to 27, it shall be returned, disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.