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Controlled Drugs and Substances Act (S.C. 1996, c. 19)

Act current to 2019-07-01 and last amended on 2019-05-15. Previous Versions

PART IIIDisposition (continued)

DIVISION 2Controlled Substances, Precursors and Chemical Offence-related Property

Marginal note:Return

  •  (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.

  • 1996, c. 19, s. 23
  • 2001, c. 32, s. 54
  • 2017, c. 7, s. 22

Marginal note:Application for return

  •  (1) If a controlled substance, precursor or chemical offence-related property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person, any person may, within 60 days after the date of the seizure, finding or acquisition, on prior notification being given to the Attorney General in the prescribed manner, apply, by notice in writing to a justice in the jurisdiction in which it is being detained, for an order to return it to the person.

  • Marginal note:Order to return as soon as practicable

    (2) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property and the Attorney General does not indicate that it or a portion of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice shall, subject to subsection (5), order that it or the portion be returned as soon as practicable to the applicant.

  • Marginal note:Order to return at specified time

    (3) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property but the Attorney General indicates that it or a portion of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice shall, subject to subsection (5), order that it or the portion be returned to the applicant

    • (a) on the expiry of 180 days after the day on which the application was made, if no proceeding in relation to it has been commenced before that time; or

    • (b) on the final conclusion of the proceeding or any other proceeding in relation to it, if the applicant is not found guilty in those proceedings of an offence committed in relation to it.

  • Marginal note:Forfeiture order

    (4) If, on the hearing of an application made under subsection (1), a justice is not satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property, and it or a portion of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice shall order that it or the portion 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.

  • Marginal note:Payment of compensation in lieu

    (5) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, precursor or property, but it was disposed of or otherwise dealt with under section 26, the justice shall order that an amount equal to its value be paid to the applicant.

  • 1996, c. 19, s. 24
  • 2017, c. 7, s. 22

Marginal note:Forfeiture if no application

 If no application for the return of a controlled substance, precursor or chemical offence-related property has been made under subsection 24(1) within 60 days after the date of the seizure, finding or acquisition by a peace officer, inspector or prescribed person and it or a portion of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, it or the portion is forfeited to Her Majesty and may 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.

  • 1996, c. 19, s. 25
  • 2017, c. 7, s. 22

Marginal note:Expedited disposition

 If a precursor or chemical offence-related property — whose storage or handling poses a risk to health or safety — or a controlled substance, or a portion of any of them, is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, it or the portion may be disposed of or otherwise dealt with by the Minister, a peace officer or a prescribed person in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

  • 1996, c. 19, s. 26
  • 2017, c. 7, s. 22

Marginal note:Disposition following proceedings

 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

  • (a) shall

    • (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

  • (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.

  • 1996, c. 19, s. 27
  • 2017, c. 7, s. 23

Marginal note:Disposition with consent

 If a controlled substance, precursor or chemical offence-related property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person and it or a portion of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the person who is its lawful owner may consent to its disposition, and when that consent is given, it or the portion is forfeited to Her Majesty and may 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.

  • 1996, c. 19, s. 28
  • 2017, c. 7, s. 24

Marginal note:Report of disposition

  •  (1) Subject to the regulations, every peace officer, inspector or prescribed person who disposes of or otherwise deals with a controlled substance, precursor or chemical offence-related property under this Division shall, within 30 days, prepare a report setting out the following information and cause the report to be sent to the Minister :

    • (a) the substance, precursor or property;

    • (b) the amount of it that was disposed of or otherwise dealt with;

    • (c) the manner in which it was disposed of or otherwise dealt with;

    • (d) the date on which it was disposed of or otherwise dealt with;

    • (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 disposition of it or other dealing with it; and

    • (g) any other prescribed information.

  • Marginal note:Interpretation

    (2) For the purposes of subsection (1), dealing with a controlled substance, precursor or chemical offence-related property by a peace officer includes using it to conduct an investigation or for training purposes.

  • 1996, c. 19, s. 29
  • 2017, c. 7, s. 24

PART IVAdministration and Compliance

Inspectors

Marginal note:Designation of inspectors

  •  (1) The Minister may designate, in accordance with the regulations made pursuant to paragraph 55(1)(n), any person as an inspector for the purposes of this Act and the regulations.

  • Marginal note:Certificate

    (2) Every inspector shall be provided with a certificate of designation in a form established by the Minister and, on entering any place under subsection 31(1), shall, on request, produce the certificate to the person in charge of the place.

  • 1996, c. 19, s. 30
  • 2015, c. 22, s. 2
  • 2017, c. 7, s. 25
 
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