GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Controlled Drugs and Substances Act — C-38.8 10.2
Warnings and referrals 10.2 (1) A peace officer shall, instead of laying an information against an individual alleged to have committed an offence under subsection 4(1), consider whether it would be preferable, having regard to the principles set out in section 10.1, to take no further action, to warn the individual or, with the consent of the individual, to refer the individual to a program or to an agency or other service provider in the community that may assist the individual. Subsequent charges not invalidated (2) The failure of a peace officer to consider the options set out in subsection (1) does not invalidate any subsequent charges laid against the individual for the offence. 2022, c. 15, s. 20
Controlled Drugs and Substances Act — C-38.8 10.3
Prosecution — limits 10.3 A prosecution may be commenced or continued against an individual alleged to have committed an offence under subsection 4(1) only if, having regard to the principles set out in section 10.1, the prosecutor is of the opinion that the use of a warning or referral under section 10.2, or of alternative measures as defined in section 716 of the Criminal Code , is not appropriate, and a prosecution is appropriate in the circumstances. 2022, c. 15, s. 20
Controlled Drugs and Substances Act — C-38.8 10.4
Record of warning or referral 10.4 (1) The police force to which a peace officer referred to in section 10.2 belongs shall keep a record of any warning given or referral made under subsection 10.2(1), including the identity of the individual warned or referred. Access to information (2) Any information contained in the record kept pursuant to subsection (1) may be made available to: (a) any judge or court for any purpose relating to proceedings with respect to the offence to which the record relates; (b) any peace officer for any purpose related to the administration of the case to which the record relates; or (c) any member of a department or agency of a government in Canada, or any agent of that department or agency, that is (i) engaged in the administration of alternative measures, within the meaning of section 716 of the Criminal Code , in respect of that person, or (ii) preparing a report for the purpose of informing proceedings with respect to the offence to which the record relates. Access to information — alternative measures (3) Information contained in the record, other than the identity of the person, may be made available to any member of a department or agency of a government in Canada, or any agent of the department or agency, that is engaged in assessing and monitoring the use of alternative measures and assessing their effectiveness, including for research or statistical purposes. 2022, c. 15, s. 20
Controlled Drugs and Substances Act — C-38.8 10.5
Evidence of warning or referral not admissible 10.5 Evidence that an individual has received a warning or referral mentioned in subsection 10.2(1), evidence that a peace officer has taken no further action in respect of an offence under subsection 4(1) and evidence of the offence are inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the individual. 2022, c. 15, s. 20
Controlled Drugs and Substances Act — C-38.8 10.6
Conservation of record — conviction 10.6 (1) Any record of a conviction that occurs before the day on which this section comes into force in respect of an offence under subsection 4(1) must be kept separate and apart from other records of convictions within two years after that day. Conservation of record — deeming (2) A conviction that occurs after this section comes into force in respect of an offence under subsection 4(1) is kept separate and apart from other records of convictions two years after the conviction or two years after the expiry of any sentence imposed for the offence, whichever is later, and the person convicted of the offence is deemed never to have been convicted of that offence. Regulations (3) The Governor in Council may make regulations respecting the use, removal or destruction of records kept separate and apart referred to in subsections (1) and (2). 2022, c. 15, s. 20
Controlled Drugs and Substances Act — C-38.8 10.7
Exception 10.7 No social worker, medical professional or other service provider in the community commits an offence under subsection 4(1) if, in the course of their duties, they come into possession of a substance included in Schedule I, II or III and they intend to, within a reasonable period, lawfully dispose of it. 2022, c. 15, s. 20
Controlled Drugs and Substances Act — C-38.8 12
Assistance and use of force 12 For the purpose of exercising any of the powers described in section 11, a peace officer may (a) enlist such assistance as the officer deems necessary; and (b) use as much force as is necessary in the circumstances.
Controlled Drugs and Substances Act — C-38.8 12.1
Report of seizure, finding, etc. 12.1 Subject to the regulations, every peace officer, inspector or prescribed person who seizes, finds or otherwise acquires a controlled substance, precursor or chemical offence-related property shall, within 30 days, (a) prepare a report setting out (i) the substance, precursor or property, (ii) the amount of it that was seized, found or acquired, (iii) the place where it was seized, found or acquired, (iv) the date on which it was seized, found or acquired, (v) the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs, (vi) the number of the file or police report related to the seizure, finding or acquisition, and (vii) any other prescribed information; (b) cause the report to be sent to the Minister; and (c) in the case of a seizure made under section 11 of this Act, the Criminal Code or a power of seizure at common law, cause a copy of the report to be filed with 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. 2017, c. 7, s. 10
Controlled Drugs and Substances Act — C-38.8 13
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. 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. 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. 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] 1996, c. 19, s. 13; 2017, c. 7, s. 11
Controlled Drugs and Substances Act — C-38.8 14
Application for restraint order 14 (1) The Attorney General may make an application in accordance with this section for a restraint order in respect of any non-chemical offence-related property. Procedure (2) The application for a restraint order may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit of the Attorney General or any other person deposing to the following matters : (a) the offence to which the property relates; (b) the person who is believed to be in possession of the property; and (c) a description of the property. Restraint order (3) The judge to whom the application is made may, if satisfied that there are reasonable grounds to believe that the property is non-chemical offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order other than in the manner that is specified in the order. Property outside Canada (4) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require. Conditions (5) A restraint order made by a judge under this section may be subject to such reasonable conditions as the judge thinks fit. Order in writing (6) A restraint order made under this section shall be made in writing. Service of order (7) A copy of a restraint order made under this section shall be served on the person to whom the order is addressed in such manner as the judge making the order directs or in accordance with the rules of the court. Registration of order (8) A copy of a restraint order made under this section shall be registered against any property in accordance with the laws of the province in which the property is situated. Order continues in force (9) A restraint order made under this section remains in effect until (a) an order is made under subsection 19(3) or 19.1(3) of this Act or subsection 490(9) or (11) of the Criminal Code in relation to the property; or (b) an order of forfeiture of the property is made under subsection 16(1) or 17(2) of this Act or section 490 of the Criminal Code . Offence (10) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction. 1996, c. 19, ss. 14, 93.2; 2001, c. 32, s. 49; 2017, c. 7, s. 13
Controlled Drugs and Substances Act — C-38.8 15
Sections 489.1 and 490 of Criminal Code applicable 15 (1) Subject to sections 16 to 22, sections 489.1 and 490 of the Criminal Code apply, with any modifications that the circumstances require, to any property that is the subject of a restraint order made under section 14. Recognizance (2) If, under this section, an order is made in accordance with paragraph 490(9)(c) of the Criminal Code for the return of any property that is the subject of a restraint order made under section 14, 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. 1996, c. 19, s. 15; 2017, c. 7, s. 14
Controlled Drugs and Substances Act — C-38.8 16
Forfeiture of property 16 (1) Subject to sections 18 to 19.1, if a person is convicted, or discharged under section 730 of the Criminal Code , of a designated substance offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that non-chemical offence-related property is related to the commission of the offence, the court shall (a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purposes of this paragraph. Property related to other offences (2) Subject to sections 18 to 19.1, if the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) is related to the commission of the designated substance offence of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is non-chemical offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property. Property outside Canada (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require. Appeal (3) A person who has been convicted or discharged of a designated substance offence or the Attorney General may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence. 1996, c. 19, s. 16; 2001, c. 32, s. 51; 2017, c. 7, s. 16
Controlled Drugs and Substances Act — C-38.8 17
Application for in rem forfeiture 17 (1) Where an information has been laid in respect of a designated substance offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2). Order of forfeiture of property (2) Subject to sections 18 to 19.1, where an application is made to a judge under subsection (1) and the judge is satisfied (a) beyond a reasonable doubt that any property is non-chemical offence-related property, (b) that proceedings were commenced in respect of a designated substance offence to which the property referred to in paragraph (a) is related, and (c) that the accused charged with the designated substance offence has died or absconded, the judge shall order that the property be forfeited and disposed of in accordance with subsection (4). Accused deemed absconded (3) For the purposes of subsection (2), an accused shall be deemed to have absconded in connection with a designated substance offence if (a) an information has been laid alleging the commission of the offence by the accused, (b) a warrant for the arrest of the accused has been issued in relation to that information, and (c) reasonable attempts to arrest the accused pursuant to the warrant have been unsuccessful during a period of six months beginning on the day on which the warrant was issued, and the accused shall be deemed to have so absconded on the last day of that six month period. Who may dispose of forfeited property (4) For the purposes of subsection (2), (a) if the proceedings referred to in paragraph (2)(b) were commenced at the instance of the government of a province, the judge shall order that the property be forfeited to Her Majesty in right of that province and disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and (b) in any other case, the judge shall order that the property be forfeited to Her Majesty in right of Canada and disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purposes of this paragraph. Property outside Canada (5) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require. 1996, c. 19, s. 17; 2001, c. 32, s. 52; 2017, c. 7, s. 17
Controlled Drugs and Substances Act — C-38.8 18
Voidable transfers 18 A court may, before ordering that property be forfeited under subsection 16(1) or 17(2), set aside any conveyance or transfer of the property that occurred after the property was seized or restrained, unless the conveyance or transfer was for valuable consideration to a person acting in good faith. 1996, c. 19, s. 18; 2017, c. 7, s. 18
Controlled Drugs and Substances Act — C-38.8 19
Notice 19 (1) Before making an order under subsection 16(1) or 17(2) in relation to any property, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property. Manner of giving notice (2) A notice shall (a) be given in the manner that the court directs or that may be specified in the rules of the court; (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may make an application to the court asserting their interest in the property; and (c) set out the designated substance offence charged and a description of the property. Order of restoration of property (3) Where a court is satisfied that any person, other than (a) a person who was charged with a designated substance offence, or (b) a person who acquired title to or a right of possession of the property from a person referred to in paragraph (a) under circumstances that give rise to a reasonable inference that the title or right was transferred for the purpose of avoiding the forfeiture of the property, is the lawful owner or is lawfully entitled to possession of any property or any part of any property that would otherwise be forfeited pursuant to an order made under subsection 16(1) or 17(2) and that the person appears innocent of any complicity in an offence referred to in paragraph (a) or of any collusion in relation to such an offence, the court may order that the property or part be returned to that person. 1996, c. 19, s. 19; 2017, c. 7, s. 19
Controlled Drugs and Substances Act — C-38.8 19.1
Notice 19.1 (1) If all or part of the property that would otherwise be forfeited under subsection 16(1) or 17(2) is a dwelling-house, before making an order of forfeiture, a court shall require notice in accordance with subsection (2) to be given to and may hear any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted, or discharged under section 730 of the Criminal Code , of the indictable offence under this Act in relation to which the property would be forfeited. Manner of giving notice (2) A notice shall (a) be given in the manner that the court directs or that may be specified in the rules of the court; (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a member of the immediate family who resides in the dwelling-house may make themselves known to the court; and (c) set out the offence charged and a description of the property. Non-forfeiture of real property (3) Subject to an order made under subsection 19(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 16(1) or 17(2) in respect of real property would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted, or discharged under section 730 of the Criminal Code , of the offence, as the case may be, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part. Factors in relation to dwelling-house (4) Where all or part of the property that would otherwise be forfeited under subsection 16(1) or 17(2) is a dwelling-house, when making a decision under subsection (3), the court shall also consider (a) the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted or discharged of the offence, if the dwelling-house was the member’s principal residence at the time the charge was laid and continues to be the member’s principal residence; and (b) whether the member referred to in paragraph (a) appears innocent of any complicity in the offence or of any collusion in relation to the offence. 2001, c. 32, s. 53; 2017, c. 7, s. 20
Controlled Drugs and Substances Act — C-38.8 21
Appeals from orders under subsection 17(2) 21 Any person who, in their opinion, is aggrieved by an order made under subsection 17(2) may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, under Part XXI of the Criminal Code , and that Part applies, with such modifications as the circumstances require, in respect of such an appeal.
Controlled Drugs and Substances Act — C-38.8 22
Suspension of order pending appeal 22 Notwithstanding anything in this Act, the operation of an order made in respect of property under subsection 16(1), 17(2) or 20(4) is suspended pending (a) any application made in respect of the property under any of those provisions or any other provision of this or any other Act of Parliament that provides for restoration or forfeiture of the property, or (b) any appeal taken from an order of forfeiture or restoration in respect of the property, and the property shall not be disposed of or otherwise dealt with until thirty days have expired after an order is made under any of those provisions.
Controlled Drugs and Substances Act — C-38.8 23
Return 23 (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. Receipt (2) When the substance, precursor or property is returned, the peace officer, inspector or prescribed person shall obtain a receipt for it. 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