Controlled Drugs and Substances Act

Marginal note:Return

• 23 (1) A peace officer, inspector or prescribed person who seizes, finds or otherwise acquires a controlled substance, precursor or chemical offence-related property may return it to the person who is its lawful owner or who is lawfully entitled to its possession if the peace officer, inspector or prescribed person is satisfied

  • (a) that there is no dispute as to who is the lawful owner or is lawfully entitled to possession of the substance, precursor or property; and

  • (b) that the continued detention of the substance, precursor or property is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament.

• Marginal note:Receipt

  (2) When the substance, precursor or property is returned, the peace officer, inspector or prescribed person shall obtain a receipt for it.

• Marginal note:Report by peace officer

  (3) In the case of a seizure made under section 11 of this Act, the Criminal Code or a power of seizure at common law, the peace officer shall make a report about the return to 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.