Marginal note:Power to enter
86 (1) Subject to subsection (7), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations, enter any place, including a conveyance, in which they believe on reasonable grounds
(a) an activity that may be regulated under this Act is being conducted;
(b) any record, report, electronic data or other document relating to the administration of this Act or the regulations is located;
(c) any record, report, electronic data or other document relating to the promotion of cannabis, a cannabis accessory or a service related to cannabis is located;
(d) an activity could be conducted under a licence, permit, authorization or exemption that is under consideration by the Minister; or
(e) 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or exemption, in which case the inspector may enter the place only within 45 days after the day on which it expired or was revoked.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:Other powers
(2) The inspector may in the place entered under subsection (1)
(a) open and examine any receptacle or package found in the place;
(b) examine anything found in the place that is used or may be capable of being used for the production, preservation, packaging, labelling or storage of cannabis;
(c) examine any record, report, electronic data or other document, or any label or promotional material, found in the place with respect to cannabis, other than the records of the medical condition of individuals, and make copies of them or take extracts from them;
(d) use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (c);
(e) reproduce any document from any electronic data referred to in paragraph (c), or cause it to be reproduced, in the form of a printout or other output;
(f) take the record, report or other document, or the label or promotional material, referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying;
(g) use or cause to be used any copying equipment at the place to make copies of any document;
(h) take photographs and make recordings and sketches;
(i) examine any substance found in the place and take, for the purpose of analysis, any samples of it;
(j) seize and detain in accordance with this Part, cannabis or any other thing found in the place that the inspector believes on reasonable grounds is something in relation to which the Act was contravened or is something the seizure and detention of which is necessary to prevent non-compliance with the provisions of this Act or of the regulations;
(k) order the owner or person having possession of cannabis or any other thing to which the provisions of this Act or of 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;
(l) order the owner or person having possession of any conveyance that is found in the place and that the inspector believes on reasonable grounds contains cannabis to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;
(m) order any person in that place to establish their identity to the inspector’s satisfaction; and
(n) order a person that, at that place, conducts an activity to which the provisions of this Act or of the regulations apply to stop or start the activity.
Marginal note:Means of telecommunication
(3) For the purposes of subsection (1), the inspector is considered to have entered a place when accessing it remotely by a means of telecommunication.
Marginal note:Limitation — access by means of telecommunication
(4) 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 must be remotely in the place for no longer than for the period necessary for the purpose referred to in subsection (1).
Marginal note:Individual accompanying inspector
(5) The inspector may be accompanied by any other individual 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
(6) The inspector and any individual 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). For greater certainty, they are not liable for doing so.
Marginal note:Warrant required to enter dwelling-house
(7) 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 (8).
Marginal note:Authority to issue warrant
(8) 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 (2)(a) to (n), 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 subsection (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 of 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:Use of force
(9) In executing a warrant issued under subsection (8), an inspector must not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.
Marginal note:Means of telecommunication
(10) An application for a warrant under subsection (8) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.
Marginal note:Assistance to inspector
(11) The owner or other person in charge of a place entered by an inspector under subsection (1) and every individual found there must give the inspector all reasonable assistance in their power and provide the inspector with any information that the inspector may reasonably require.
Marginal note:Storage and notice
(12) An inspector who seizes a thing under this section may
(a) on notice to and at the expense of its owner or the person having possession of it at the time of its seizure, store it or move it to another place; or
(b) order its owner or the person having possession of it at the time of its seizure to, at their expense, store it or move it to another place.
Marginal note:Return by inspector
(13) If an inspector determines that to verify compliance or prevent non-compliance with the provisions of this Act or of the regulations it is no longer necessary to detain anything seized by the inspector under this section, the inspector must 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, must return the thing to that person.
Marginal note:Return or disposition by Minister
(14) 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 (13) or any of sections 103 to 107, it must 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.
- 2018, c. 16, s. 86
- 2022, c. 17, s. 73
- Date modified: