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Excise Act, 2001

Version of section 5 from 2010-07-12 to 2018-06-20:


Marginal note:Constructive possession

  •  (1) For the purposes of section 25.2, subsections 25.3(1), 30(1), 32(1) and 32.1(1), section 61, subsections 70(1) and 88(1), sections 230 and 231 and subsection 238.1(1), if one of two or more persons, with the knowledge and consent of the rest of them, has anything in the person’s possession, it is deemed to be in the custody and possession of each and all of them.

  • Meaning of possession

    (2) In this section and in section 25.2, subsections 25.3(1), 30(1), 32(1) and 32.1(1), section 61 and subsections 70(1), 88(1) and 238.1(1), possession means not only having in one’s own personal possession but also knowingly

    • (a) having in the actual possession or custody of another person; or

    • (b) having in any place, whether belonging to or occupied by one’s self or not, for one’s own use or benefit or that of another person.

  • 2002, c. 22, s. 5
  • 2008, c. 28, s. 51
  • 2010, c. 12, s. 39
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