Controlled Drugs and Substances Act

Marginal note:Sections 489.1 and 490 of the Criminal Code applicable

• 13 (1) Subject to subsections (2) and (3), sections 489.1 and 490 of the Criminal Code apply to any thing seized under this Act.

• Marginal note:Sections 489.1 and 490 of Criminal Code applicable

  (2) If a thing seized under this Act is non-chemical offence-related property, sections 489.1 and 490 of the Criminal Code apply subject to sections 16 to 22 and subsections 31(6) to (9) of this Act.

• Marginal note:Provisions of this Act applicable

  (3) If a controlled substance, precursor or chemical offence-related property is seized under this Act, any other Act of Parliament or a power of seizure at common law, the provisions of this Act and the regulations apply in respect of that substance, precursor or property.

• Marginal note:Recognizance

  (4) If, under this section, an order is made in accordance with paragraph 490(9)(c) of the Criminal Code for the return of any non-chemical offence-related property seized under this Act, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in the amount and with any conditions that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.

• (5) and (6) [Repealed, 2017, c. 7, s. 11]