Cannabis Act — C-24.5 86
tely, 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 must be remotely in the place for no longer than for the period necessary for the purpose referred to in subsection (1). Individual accompanying inspector (5) The inspector may be accompanied by any other individual that the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section. Entering private property (6) The inspector and any individual 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). For greater certainty, they are not liable for doing so. Warrant required to enter dwelling-house (7) 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 (8). Authority to issue warrant (8) 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 (2)(a) to (n), 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 subsection (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 of the regulations; and (c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused. Use of force (9) In executing a warrant issued under subsection (8), an inspector must not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant. Means of telecommunication (10) An application for a warrant under subsection (8) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications. Assistance to inspector (11) The owner or other person in charge of a place entered by an inspector under subsection (1) and every individual found there must give the inspector all reasonable assistance in their power and provide the inspector with any information that the inspector may reasonably require. Storage and notice (12) An inspector who seizes a thing under this section may (a) on notice to and at the expense of its owner or the person having possession of it at the time of its seizure, store it or move it to another place; or (b) order its owner or the person having possession of it at the time of its seizure to, at their expense, store it or move it to another place. Return by inspector (13) If an inspector determines that to verify compliance or prevent non-compliance with the provisions of this Act or of the regulations it is no longer necessary to detain anything seized by the inspector under this section, the inspector must 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, must return the thing to that person. Return or disposition by Minister (14) 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 (13) or any of sections 103 to 107 , it must 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. 2018, c. 16, s. 86 2022, c. 17, s. 73