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

Marginal note:Disposition with consent

28 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.

Marginal note:Report of disposition

• 29 (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.

PART IVAdministration and Compliance

Inspectors

Marginal note:Designation of inspectors

• 30 (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.

Marginal note:Powers of inspector

• 31 (1) Subject to subsection (2), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations, enter any place, including a conveyance, referred to in subsection (1.1) and may for that purpose

  • (a) open and examine any receptacle or package found in that place in which a controlled substance, precursor or designated device may be found;

  • (b) examine any thing found in that place that is used or may be capable of being used for the production, preservation, packaging or storage of a controlled substance or a precursor;

  • (c) examine any labels or advertising material or records, books, electronic data or other documents found in that place with respect to any controlled substance, precursor, or designated device other than the records of the medical condition of persons, and make copies thereof or take extracts therefrom;

  • (d) use or cause to be used any computer system at that 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 labels or advertising material or records, books or other documents 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 that place to make copies of any document;

  • (g.1) take photographs and make recordings and sketches;

  • (h) examine any substance found in that place and take, for the purpose of analysis, such samples thereof as are reasonably required;

  • (i) seize and detain, in accordance with this Part, any controlled substance, precursor, designated device or conveyance found in that place the seizure and detention of which the inspector believes on reasonable grounds are necessary;

  • (j) order the owner or person having possession, care or control of any controlled substance, precursor, designated device or other thing to which the provisions of this Act or 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;

  • (k) order the owner or person having possession, care or control of any conveyance that is found in that place and that the inspector believes on reasonable grounds contains a controlled substance, precursor or designated device to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (l) order any person in that place to establish their identity to the inspector’s satisfaction; and

  • (m) order a person who, at that place, conducts an activity to which the provisions of this Act or the regulations apply to stop or start the activity.

• Marginal note:Place

  (1.1) For the purposes of subsection (1), the inspector may only enter a place in which they believe on reasonable grounds

  • (a) a controlled substance, precursor, designated device or document relating to the administration of this Act or the regulations is located;

  • (b) an activity could be conducted under a licence, permit, authorization or exemption that is under consideration by the Minister;

  • (c) an activity to which the provisions of this Act or the regulations apply is being conducted; or

  • (d) 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:Means of telecommunication

  (1.2) For the purposes of subsections (1) and (1.1), an inspector is considered to have entered a place when they access it remotely by a means of telecommunication.

• Marginal note:Limitation — access by means of telecommunication

  (1.3) 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 only for the period necessary for any purpose referred to in subsection (1).

• Marginal note:Person accompanying inspector

  (1.4) An inspector may be accompanied by any other person 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

  (1.5) An inspector and any person 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 (1.1).

• Marginal note:Warrant to enter dwelling-house

  (2) 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 (3).

• Marginal note:Authority to issue warrant

  (3) 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 (1)(a) to (m), 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 subsections (1) and (1.1);

  • (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 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

  (4) In executing a warrant issued under subsection (3), an inspector shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

• Marginal note:Assistance to inspector

  (5) The owner or other person in charge of a place entered by an inspector and every person found there shall give the inspector all reasonable assistance in that person’s power and provide the inspector with any information that the inspector may reasonably require.

• Marginal note:Storage

  (6) Anything that is seized and detained by an inspector under this section may, at the inspector’s discretion, be kept or stored at the place where it was seized or, at the inspector’s direction, be removed to any other proper place.

• Marginal note:Notice

  (7) An inspector who seizes anything under this section shall take any measures that are reasonable in the circumstances to give to the owner or other person in charge of the place where the seizure occurred notice of the seizure and of the location where the thing is being kept or stored.

• Marginal note:Return by inspector

  (8) If an inspector determines that to verify compliance or prevent non-compliance with the provisions of this Act or the regulations it is no longer necessary to detain anything seized by the inspector under this section, the inspector shall 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, shall return the thing to that person.

• Marginal note:Return or disposition by Minister

  (9) 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 (8) or any of sections 24 to 27, it shall 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.

Marginal note:Obstructing inspector

• 32 (1) No person shall, by act or omission, obstruct an inspector who is engaged in the exercise of their powers or the performance of their duties or functions under this Act or the regulations.

• Marginal note:False statements

  (2) No person shall knowingly make any false or misleading statement verbally or in writing to an inspector who is engaged in the exercise of their powers or the performance of their duties or functions under this Act or the regulations.

• Marginal note:Interference

  (3) No person shall, without the authority of an inspector, remove, alter or interfere in any way with anything seized, detained or taken under section 31.

PART VAdministrative Orders for Contraventions of Designated Regulations

Marginal note:Designation of regulations

33 The Governor in Council may, by regulation, designate any regulation made under this Act (in this Part referred to as a “designated regulation”) as a regulation the contravention of which shall be dealt with under this Part.

Marginal note:Contravention of designated regulation

34 Where the Minister has reasonable grounds to believe that a person has contravened a designated regulation, the Minister shall

• (a) in the prescribed manner, serve a notice to appear on the person; and

• (b) send a copy of the notice to appear to an adjudicator and direct the adjudicator to conduct a hearing to determine whether the contravention has occurred and to notify the Minister of the adjudicator’s determination.

Marginal note:Interim order

• 35 (1) Where the Minister has reasonable grounds to believe that a person has contravened a designated regulation and the Minister is of the opinion that, as a result of that contravention, there is a substantial risk of immediate danger to the health or safety of any person, the Minister may, without giving prior notice to the person believed to have contravened the designated regulation, make an interim order in respect of the person

  • (a) prohibiting the person from doing anything that the person would otherwise be permitted to do under their licence, permit or authorization, or

  • (b) subjecting the doing of anything under the designated regulation by the person to the terms and conditions specified in the interim order,

  and may, for that purpose, suspend, cancel or amend the licence, permit or authorization issued or granted to the person or take any other measures set out in the regulations.

• Marginal note:Interim order

  (2) Where the Minister makes an interim order under subsection (1), the Minister shall forthwith

  • (a) in the prescribed manner, serve the interim order on the person;

  • (b) in the prescribed manner, serve a notice to appear on the person; and

  • (c) send a copy of the interim order and the notice to appear to an adjudicator and direct the adjudicator to conduct a hearing to determine whether the contravention has occurred and to notify the Minister of the adjudicator’s determination.

Marginal note:Hearing by adjudicator

• 36 (1) Where an adjudicator receives from the Minister a copy of a notice to appear under paragraph 34(b) or 35(2)(c), the adjudicator shall conduct a hearing on a date to be fixed by the adjudicator at the request of the person on whom the notice was served, on two days notice being given to the adjudicator, which hearing date may not

  • (a) in the case of a notice served under paragraph 34(a), be less than thirty days, or more than forty-five days, after the day of service of the notice; or

  • (b) in the case of a notice served under paragraph 35(2)(b), be less than three days, or more than forty-five days, after the day of service of the notice.

• Marginal note:Change of hearing date

  (2) Where the adjudicator is unable to conduct a hearing on the date referred to in subsection (1), the adjudicator shall forthwith notify the person and fix, for the purpose of holding the hearing, the earliest possible date to which the adjudicator and the person agree.

• Marginal note:Proceedings on default

  (3) Where an adjudicator has received a copy of a notice to appear referred to in subsection (1) and where the person on whom the notice is served has not requested a date for a hearing within forty-five days after the notice was served on that person, or where the person, having requested a hearing, fails to appear for the hearing, the adjudicator shall proceed to make a determination in the absence of the person.

• Marginal note:Time and place

  (4) An adjudicator may, subject to the regulations, determine the time and place of any hearing or other proceeding under this Part.

Marginal note:Notice to appear

37 A notice to appear served on a person under paragraph 34(a) or 35(2)(b) shall

• (a) specify the designated regulation that the Minister believes the person has contravened;

• (b) state the grounds on which the Minister believes the contravention has occurred;

• (c) state that the matter has been referred to an adjudicator for a hearing to be conducted on a date within the applicable period described in paragraph 36(1)(a) or (b); and

• (d) set out such other information as is prescribed.

Marginal note:Proof of service

38 Proof of service of any notice, order or interim order under this Part shall be given in the prescribed manner.