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 the Criminal Code applicable

  (2) Where a thing seized under this Act is offence-related property, sections 489.1 and 490 of the Criminal Code apply subject to sections 16 to 22 of this Act.

• Marginal note:Provisions of this Act applicable

  (3) Where a controlled substance is seized under this Act or any other Act of Parliament or pursuant to a power of seizure at common law, this Act and the regulations apply in respect of that substance.

• Marginal note:Report to justice

  (4) Subject to the regulations, every peace officer who, pursuant to section 11, seizes a controlled substance shall, as soon as is reasonable in the circumstances after the seizure,

  • (a) prepare a report identifying the place searched, the controlled substance and the location where it is being detained;

  • (b) cause the report to be filed with the justice who issued the warrant or another justice for the same territorial division or, where by reason of exigent circumstances a warrant was not issued, a justice who would have had jurisdiction to issue a warrant; and

  • (c) cause a copy of the report to be sent to the Minister.

• Marginal note:Report to justice

  (5) A report in Form 5.2 of the Criminal Code may be filed as a report for the purposes of subsection (4).

• Marginal note:Recognizance

  (6) Where, pursuant to this section, an order is made under paragraph 490(9)(c) of the Criminal Code for the return of any 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 such amount and with such conditions, if any, as the judge or justice directs and, where the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice such sum of money or other valuable security as the judge or justice directs.