Cannabis Act

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 in another province

  (3) A justice may, if a place referred to in subsection (1) is in a province other than that in which the justice has jurisdiction, issue the warrant and it may be executed in the other province after it has been endorsed by a justice having jurisdiction in the other province.

• Marginal note:Effect of endorsement

  (4) An endorsement made on a warrant under 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.

• 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.