Cannabis Act (S.C. 2018, c. 16)

PART 8Search Warrant

Marginal note:Information for search warrant

• 87 (1) A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that any of the following is in a place may, at any time, issue a warrant authorizing a peace officer, at any time, to search the place for it and to seize it:

  • (a) cannabis in respect of which this Act has been contravened;

  • (b) anything in which cannabis in respect of which this Act has been contravened is contained or concealed;

  • (c) offence-related property; or

  • (d) anything 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.

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

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

• Marginal note:Execution of warrant

  (3) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

• Marginal note:Duty of peace officer executing warrant

  (4) Section 487.093 of the Criminal Code, other than paragraph 487.093(1)(c), applies with respect to a warrant issued under subsection (1).

• Marginal note:Search of person and seizure

  (5) If a peace officer who executes a warrant issued under subsection (1) has reasonable grounds to believe that any individual found in the place referred to in the warrant has on them any cannabis, property or thing referred to in the warrant, the peace officer may search the individual for it and seize it.

• Marginal note:Seizure of other things

  (6) A peace officer who executes a warrant issued under subsection (1) may seize, in addition to any cannabis, property or thing referred to in the warrant,

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

  • (b) anything that the peace officer believes on reasonable grounds contains or conceals cannabis;

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

  • (d) anything 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 any cannabis, property or thing referred to in the warrant and in subsection (6), anything 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.

Marginal note:Assistance and use of force

88 For the purpose of exercising any of the powers described in section 87, a peace officer may

• (a) enlist the assistance that the officer considers necessary; and

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

PART 9Disposition of Seized Things

Report to Minister

Marginal note:Report of seizure, etc.

• 89 (1) Subject to the regulations, every peace officer, inspector or prescribed person that seizes, finds or otherwise acquires cannabis in the course of the administration or enforcement of this Act or any other Act of Parliament must, within 30 days after doing so, cause a report to be sent to the Minister setting out

  • (a) a description of the cannabis;

  • (b) the amount that was seized, found or otherwise acquired;

  • (c) the place where it was seized, found or otherwise acquired;

  • (d) the date on which it was seized, found or otherwise acquired;

  • (e) the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs;

  • (f) the number of the file or police report related to the seizure, finding or acquisition; and

  • (g) any other prescribed information.

• Marginal note:Copy to justice

  (2) In the case of a seizure made under section 87 of this Act, the Criminal Code or a power of seizure at common law, the individual who caused the report to be sent to the Minister must also, within 30 days after the seizure, 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.

Application

Marginal note:Sections 489.1 and 490 of Criminal Code applicable

• 90 (1) Subject to subsections (2) and (3), sections 489.1 and 490 of the Criminal Code apply to anything seized under this Act.

• Marginal note:Sections 489.1 and 490 of Criminal Code applicable — non-chemical offence-related property

  (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 subsections 86(12) to (14) and sections 94 to 101 of this Act.

• Marginal note:Provisions of this Act and the regulations applicable

  (3) The provisions of this Act and of the regulations apply in respect of

  • (a) any cannabis or chemical offence-related property that is seized under this Act or any other Act of Parliament or under a power of seizure at common law; and

  • (b) any chemical or thing that is referred to in paragraph (b) or (c) of the definition chemical property in subsection 2(1) and that is seized under this Act.

• Marginal note:Recognizance

  (4) If, under this section, an order is made under 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 the conditions, if any, 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.

DIVISION 1Non-chemical Offence-related Property

Restraint Orders

Marginal note:Application for restraint order

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

• Marginal note:Procedure

  (2) The application may be made ex parte and it must 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 to which the property relates;

  • (b) the person that is believed to be in possession of the property; and

  • (c) a description of the property.

• 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 or right to the property specified in the order, other than in the manner that is 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) The restraint order may be subject to any reasonable conditions that the judge thinks fit.

• Marginal note:Order in writing

  (6) The restraint order must be in writing.

• Marginal note:Service

  (7) A copy of the restraint order must be served on the person to which the order is addressed in the manner that the judge making it directs or in accordance with the rules of the court.

• Marginal note:Registration

  (8) A copy of the restraint order must 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) The restraint order remains in effect until

  • (a) an order is made under subsection 97(3) or 98(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 94(1) or 95(2) of this Act or section 490 of the Criminal Code.

• Marginal note:Offence

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

Marginal note:Sections 489.1 and 490 of Criminal Code applicable

• 92 (1) Subject to sections 94 to 101 of this Act, sections 489.1 and 490 of the Criminal Code apply, with any necessary modifications, to any property that is the subject-matter of a restraint order made under section 91.

• Marginal note:Recognizance

  (2) If, under this section, an order is made under paragraph 490(9)(c) of the Criminal Code for the return of any property that is the subject-matter of a restraint order made under section 91, 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 the conditions, if any, 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

• 93 (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 87 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 91, may, if 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) If the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) must 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 immovables or a conveyance — forfeited to Her Majesty in accordance with subsection (8).

• Marginal note:Application for destruction order

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

• Marginal note:Notice

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

• Marginal note:Manner of giving notice

  (6) The notice must

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

  • (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

• Marginal note:Destruction order

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

• Marginal note:Forfeiture order

  (8) On application by a person that is appointed to manage the property, a court must order that the property — other than real property or immovables 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 or right to the property; and

  • (c) during that period, no one makes such an application.

• Marginal note:For greater certainty

  (9) 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

  (10) 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).

• Marginal note:When management order ceases to have effect

  (11) 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.