C-70
Second Session, Forty-first Parliament,
62-63-64 Elizabeth II, 2013-2014-2015
HOUSE OF COMMONS OF CANADA
BILL C-70
An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts
first reading, June 11, 2015
MINISTER OF HEALTH
90778
SUMMARY
This enactment amends the Controlled Drugs and Substances Act to, among other things,
(a) provide the Minister of Health with the authority to temporarily add potentially dangerous substances to a schedule to that Act in order to control them;
(b) expand the offence of possession, production, sale or importation so that it includes transport and applies to anything (including precursors) that is intended to be used in the production or trafficking of any controlled substance;
(c) streamline the disposition of seized, found or otherwise acquired controlled substances, precursors and chemical and non-chemical offence-related property;
(d) add an administrative monetary penalties scheme;
(e) modernize inspection powers;
(f) provide the Minister of Health with the authority to require a person who is authorized to conduct activities in relation to controlled substances or precursors to provide him or her with information respecting those activities; and
(g) expand the regulation-making authority respecting information so that it applies to the collection, use, retention, disclosure and disposal of information.
It also makes related amendments to the Criminal Code and the Seized Property Management Act.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
TABLE OF PROVISIONSAN ACT TO AMEND THE CONTROLLED DRUGS AND SUBSTANCES ACT AND TO MAKE RELATED AMENDMENTS TO OTHER ACTS
PreambleSHORT TITLE
1.       Protection of Communities from the Evolving Dangerous Drug Trade ActCONTROLLED DRUGS AND SUBSTANCES ACT
2–40.       AmendmentsRELATED AMENDMENTS
41–56.       Criminal Code
57–59.       Seized Property Management ActCOORDINATING AMENDMENTS
60.       Bill C-2COMING INTO FORCE
61.       Order in council
SCHEDULE
2nd Session, 41st Parliament,
62-63-64 Elizabeth II, 2013-2014-2015
house of commons of canada
BILL C-70
An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts
Preamble
Whereas Parliament recognizes that the objectives of the Controlled Drugs and Substances Act (“the Act”) are the protection of public health and the maintenance of public safety;
Whereas the Act protects public health by restricting activities in relation to controlled substances and the precursors that are used to make them while allowing access for legitimate medical, scientific or industrial purposes;
Whereas the Act maintains public safety by restricting activities in relation to controlled substances and precursors, including possession, trafficking, importing, exporting and production, and by establishing associated criminal offences and penalties;
Whereas the illicit market for controlled substances and precursors is evolving and serious public health and safety concerns have emerged since the Act was enacted;
And whereas the illicit production and distribution of controlled substances and the risk of their diversion to an illicit market or use are serious public health and safety concerns and have increased since the Act was enacted;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Protection of Communities from the Evolving Dangerous Drug Trade Act.
1996, c. 19
CONTROLLED DRUGS AND SUBSTANCES ACT
2. (1) The definition “adjudicator” in subsection 2(1) of the Controlled Drugs and Substances Act is repealed.
(2) The definition “sell” in subsection 2(1) of the Act is replaced by the following:
“sell”« vente »
“sell” includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration, and, for greater certainty, includes trade;
(3) The portion of the definition “produce” in subsection 2(1) of the Act before paragraph (a) is replaced by the following:
“produce”« production »
“produce” means, in respect of a substance included in any of Schedules I to V, to obtain the substance by any method or process including
(4) The portion of the definition “traffic” in subsection 2(1) of the Act before paragraph (a) is replaced by the following:
“traffic”« trafic »
“traffic” means, in respect of a substance included in any of Schedules I to V,
(5) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“alkaloid”« alcaloïde »
“alkaloid” means an alkaline substance that contains nitrogen and that occurs naturally in a plant;
“chemical offence-related property”« bien infractionnel chimique »
“chemical offence-related property” means offence-related property that is a chemical or a precursor and includes anything that contains such property or has such property on it;
“derivative”« dérivé »
“derivative” means a substance, other than a precursor, that is produced from another substance by a chemical, physical or biological process in one or more steps and that contains essential structural elements of that substance;
“intermediate”« intermédiaire »
“intermediate” means a substance, other than a precursor, that is formed in the course of a specific chemical reaction and that could form another substance in a subsequent chemical reaction or reactions;
“isomer”« isomère »
“isomer” means an optical, positional or geometric variant of a substance that has an identical molecular formula to that of the substance but that is different in the nature, sequence or spatial arrangement of its atoms;
“non-chemical offence-related property”« bien infractionnel non-chimique »
“non-chemical offence-related property” means offence-related property that is not chemical offence-related property;
“preparation”« préparation »
“preparation” means a combination of substances in solid, liquid or gaseous form;
“salt”« sel »
“salt” means a substance that results from an ionic interaction;
1995, c. 22, s. 18 (Sch. IV, item 26)
3. Subsection 3(2) of the Act is repealed.
4. (1) Subsections 5(1) and (2) of the Act are replaced by the following:
Trafficking in substance
5. (1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance.
Possession for purpose of trafficking
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.
2012, c. 1, s. 39(1)
(2) Clause 5(3)(a)(i)(D) of the French version of the Act is replaced by the following:
(D) a, au cours des dix dernières années, été condamnée pour une infraction désignée ou purgé une peine d’emprisonnement relativement à une telle infraction,
(3) The portion of paragraph 5(3)(b) of the Act before subparagraph (i) is replaced by the following:
(b) if the subject matter of the offence is a substance included in Schedule III or V,
2012, c. 1, s. 39(2)
(4) Subsection 5(5) of the Act is replaced by the following:
Interpretation
(5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III, IV or V includes a reference to any substance represented or held out to be a substance included in that Schedule.
5. (1) The portion of paragraph 6(3)(b) of the Act before subparagraph (i) is replaced by the following:
(b) if the subject matter of the offence is a substance included in Schedule III, V or VI,
(2) The portion of paragraph 6(3)(c) of the Act before subparagraph (i) is replaced by the following:
(c) if the subject matter of the offence is a substance included in Schedule IV,
6. (1) Subsection 7(1) of the Act is replaced by the following:
Production of substance
7. (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V.
2012, c. 1, s. 41(1)
(2) The portion of paragraph 7(2)(a.1) of the French version of the Act before subparagraph (i) is replaced by the following:
a.1) dans le cas de substances inscrites à l’annexe II, à l’exception du cannabis (marijuana), un acte criminel passible de l’emprisonnement à perpétuité, la durée de l’emprisonnement ne pouvant être inférieure :
2012, c. 1, s. 41(1)
(3) The portion of paragraph 7(2)(b) of the French version of the Act before subparagraph (i) is replaced by the following:
b) dans le cas du cannabis (marijuana), un acte criminel passible d’un emprisonnement maximal de quatorze ans, la durée de l’emprisonnement ne pouvant être inférieure :
(4) The portion of paragraph 7(2)(c) of the Act before subparagraph (i) is replaced by the following:
(c) if the subject matter of the offence is a substance included in Schedule III or V,
2011, c. 14, s. 1
7. Section 7.1 of the Act is replaced by the following:
Possession, etc., for use in production of or trafficking in substance
7.1 (1) No person shall possess, produce, sell, import or transport anything intending that it will be used
(a) to produce a controlled substance, unless the production of the controlled substance is lawfully authorized; or
(b) to traffic in a controlled substance.
Punishment
(2) Every person who contravenes subsection (1)
(a) if the subject matter of the offence is a substance included in Schedule I, II, III or V,
(i) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years, or
(ii) is guilty of an offence punishable on summary conviction and liable to impris­onment for a term of not more than 18 months; and
(b) if the subject matter of the offence is a substance included in Schedule IV,
(i) is guilty of an indictable offence and liable to imprisonment for a term of not more than three years, or
(ii) is guilty of an offence punishable on summary conviction and liable to impris­onment for a term of not more than one year.
2012, c. 1, s. 43(1)
8. (1) The portion of subsection 10(2) of the French version of the Act before paragraph (a) is replaced by the following:
Circonstances à prendre en considération
(2) Le tribunal qui détermine la peine à infliger à une personne condamnée pour une infraction désignée — autre qu’une infraction pour laquelle il est tenu d’imposer une peine minimale d’emprisonnement — est tenu de considérer toute circonstance aggravante pertinente, notamment le fait que cette personne, selon le cas :
(2) Subparagraphs 10(2)(a)(iii) and (iv) of the Act are replaced by the following:
(iii) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of 18 years, or
(iv) trafficked in a substance included in Schedule I, II, III, IV or V, or possessed such a substance for the purpose of trafficking, to a person under the age of 18 years;
(3) Paragraph 10(2)(b) of the French version of the Act is replaced by the following:
b) a déjà été condamnée pour une infraction désignée;
2012, c. 1, s. 43(2)
(4) The portion of subsection 10(4) of the French version of the Act before paragraph (a) is replaced by the following:
Programme judiciaire de traitement de la toxicomanie
(4) Le tribunal qui détermine la peine à infliger à une personne condamnée pour une infraction prévue par la présente partie peut reporter la détermination de la peine :
9. The heading “Search, Seizure and Detention” before section 11 of the Act is repealed.
10. Subsection 11(4) of the Act is replaced by the following:
Effect of endorsement
(4) An endorsement that is made on a warrant as provided for in subsection (3) is sufficient authority to any peace officer to whom it was originally directed and to all peace officers within the jurisdiction of the justice by whom it is endorsed to execute the warrant and to dispose of or otherwise deal with the things seized in accordance with the law.
11. The Act is amended by adding the following after section 12:
Report of seizure, etc.
12.1 Subject to the regulations, every peace officer, inspector or prescribed person who seizes, finds or otherwise acquires a controlled substance, a precursor or chemical offence-related property shall, within 30 days,
(a) prepare a report identifying
(i) the substance, the precursor or the 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, 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.
PART III
DISPOSITION
12. Subsections 13(2) to (6) of the Act are replaced by the following:
Sections 489.1 and 490 of the 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, a 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 under 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.
13. The heading before section 14 of the Act is replaced by the following:
Division 1
Non-chemical Offence-related Property
Restraint Orders
14. (1) Subsection 14(1) of the Act is replaced by the following:
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.
(2) The portion of subsection 14(2) of the Act before paragraph (b) is replaced by the following:
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;
(3) Paragraphs 14(2)(b) and (c) of the English version of the Act are replaced by the following:
(b) the person who is believed to be in possession of the property; and
(c) a description of the property.
2001, c. 32, s. 49(1)
(4) Subsection 14(3) of the Act is replaced by the following:
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.
2001, c. 32, s. 50
15. Sections 14.1 and 15 of the Act are replaced by the following:
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 under 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.
Management Orders
Management order
15.1 (1) On application of the Attorney General or of any other person with the written consent of the Attorney General, a justice in the case of non-chemical offence-related property seized under section 11, the Criminal Code or a power of seizure at common law, or a judge in the case of property restrained under section 14, may, if he or she is of the opinion that the circumstances so require,
(a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and
(b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).
Appointment of Minister of Public Works and Government Services
(2) When the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.
Power to manage
(3) The power to manage or otherwise deal with property under subsection (1) includes
(a) the power to make an interlocutory sale of perishable or rapidly depreciating property;
(b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and
(c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in right of Canada in accordance with subsection (8).
Application for destruction order
(4) Before a person who is appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.
Notice required before destruction
(5) Before making a destruction order, a court shall require notice in accordance with subsection (6) 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
(6) A notice shall
(a) be given in the manner that the court directs or that may be specified in the rules of the court; and
(b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.
Destruction order
(7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.
Forfeiture order
(8) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law if
(a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;
(b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and
(c) during that period, no one makes such an application.
When management order ceases to have effect
(9) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.
For greater certainty
(10) For greater certainty, when property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.
Application to vary conditions
(11) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).
16. The heading before section 16 of the Act is replaced by the following:
Forfeiture
2001, c. 32, s. 51
17. (1) Subsections 16(1) and (2) of the Act are replaced by the following:
Order of 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.
(2) Subsection 16(3) of the Act is replaced by the following:
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.
18. (1) Paragraphs 17(2)(a) and (b) of the Act are replaced by the following:
(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
(2) Subsection 17(4) of the Act is replaced by the following:
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.
19. Section 18 of the Act is replaced by the following:
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 seizure of the property, or the making of a restraint order in respect of the property, unless the conveyance or transfer was for valuable consideration to a person acting in good faith.
20. The portion of subsection 19(2) of the Act before paragraph (c) is replaced by the following:
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
2001, c. 32, s. 53
21. (1) Subsection 19.1(1) of the Act is replaced by the following:
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.
2001, c. 32, s. 53
(2) Paragraphs 19.1(2)(a) and (b) of the Act are replaced by the following:
(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
2001, c. 32, s. 53
(3) Subsection 19.1(3) of the Act is replaced by the following:
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.
2001, c. 32, s. 53
(4) Paragraph 19.1(4)(a) of the Act is replaced by the following:
(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
22. The portion of subsection 20(1) of the Act before paragraph (b) is replaced by the following:
Application
20. (1) If any property is forfeited to Her Majesty under an order made under subsection 16(1) or 17(2), any person who claims an interest in the property, other than
(a) in the case of property forfeited under an order made under subsection 16(1), a person who was convicted or discharged under section 730 of the Criminal Code of the designated substance offence in relation to which the property was forfeited,
23. The headings before section 24 and sections 24 to 26 of the Act are replaced by the following:
Division 2
Controlled Substances, Precursors and Chemical Offence-related Property
Restitution
23. (1) A peace officer, an inspector or a prescribed person who seizes, finds or otherwise acquires a controlled substance, a precursor or chemical offence-related property may return it to the person who is the lawful owner or is lawfully entitled to its possession if the peace officer, the inspector or the 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, the precursor or the property; and
(b) that the continued detention of the substance, the precursor or the property is not required for the purposes of a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament.
Receipt
(2) When the substance, the precursor or the property is returned, the peace officer, the inspector or the prescribed person shall obtain a receipt for it.
Report by peace officer
(3) In the case of a seizure made under section 11, 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.
Application for return
24. (1) If a controlled substance, a precursor or chemical offence-related property has been seized, found or otherwise acquired by a peace officer, an inspector or a prescribed person, any person may, within 60 days after the date of the seizure, finding or acquisition, on prior notification being given to the Attorney General in the prescribed manner, apply, by notice in writing to a justice in the jurisdiction in which it is being detained, for an order to return it to the person.
Order to return as soon as practicable
(2) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, the precursor or the property and the Attorney General does not indicate that it or a portion of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament, the justice shall, subject to subsection (5), order that it or the portion be returned as soon as practicable to the applicant.
Order to return at specified time
(3) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, the precursor or the property but the Attorney General indicates that it or a portion of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament, the justice shall, subject to subsection (5), order that it or the portion be returned to the applicant
(a) on the expiry of 180 days after the application was made, if no proceeding in relation to it has been commenced before that time; or
(b) on the final conclusion of the proceeding or any other proceeding in relation to it, if the applicant is not found guilty in those proceedings of an offence committed in relation to it.
Order to return refused
(4) If, on the hearing of an application made under subsection (1), a justice is not satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, the precursor or the property, and it or a portion of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament, the justice shall order that it or the portion be forfeited to Her Majesty to 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.
Payment of compensation in lieu
(5) If, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the substance, the precursor or the property, but it was disposed of or otherwise dealt with under section 26, the justice shall order that an amount equal to its value be paid to the applicant.
Disposition if no application
25. If no application for the return of a controlled substance, a precursor or chemical offence-related property has been made under subsection 24(1) within 60 days after the date of the seizure, finding or acquisition by a peace officer, an inspector or a prescribed person and it or a portion of it is not required for the purposes of any preliminary inquiry, trial or other proceeding under this or any other Act of Parliament, 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.
Expedited disposition
26. If a precursor or chemical offence-related property — whose storage or handling poses a risk to health or safety — or a controlled substance, or a portion of any of them, is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, it or the portion may be disposed of or otherwise dealt with by the Minister, a peace officer or a prescribed person in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.
24. (1) The portion of section 27 of the Act before paragraph (a) is replaced by the following:
Disposition following proceedings
27. Subject to section 24, if, in a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament, the court before which the proceedings have been brought is satisfied that any controlled substance, precursor or chemical offence-related property that is the subject of proceedings before the court is no longer required by that court or any other court, the court
(2) Subparagraph 27(a)(i) of the Act is replaced by the following:
(i) if it is satisfied that the person from whom the substance, the precursor or the property was seized came into possession of it lawfully and continued to deal with it lawfully, order that it be returned to the person, or
(3) Subparagraph 27(a)(ii) of the English version of the Act is replaced by the following:
(ii) if it is satisfied that possession of the substance, the precursor or the property by the person from whom it was seized is unlawful and the person who is the lawful owner or is lawfully entitled to its possession is known, order that it be returned to the person who is the lawful owner or is lawfully entitled to its possession; and
(4) Paragraph 27(b) of the Act is replaced by the following:
(b) may, if it is not satisfied that the substance, the precursor or the property should be returned under subparagraph (a)(i) or (ii) or if possession of it by the person from whom it was seized is unlawful and the person who is the lawful owner or is lawfully entitled to its possession is not known, order that it be forfeited to Her Majesty to 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.
25. Sections 28 and 29 of the Act are replaced by the following:
Disposition with consent
28. If a controlled substance, a precursor or chemical offence-related property has been seized, found or otherwise acquired by a peace officer, an inspector or a 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 or any other Act of Parliament, the person who is the 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.
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, a precursor or chemical offence-related property under this Division shall, within 30 days,
(a) prepare a report identifying
(i) the substance, the precursor or the property,
(ii) the amount of it that was disposed of or otherwise dealt with,
(iii) the manner in which it was disposed of or otherwise dealt with,
(iv) the date on which it was disposed of or otherwise dealt with,
(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 disposition of it or other dealing with it, and
(vii) any other prescribed information; and
(b) cause the report to be sent to the Minister.
Interpretation
(2) For the purposes of subsection (1), dealing with a controlled substance, a precursor or chemical offence-related property by a peace officer includes using it to conduct an investigation or for training purposes.
26. Subsection 30(2) of the Act is replaced by the following:
Certificate of designation
(2) An 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.
27. (1) The portion of subsection 31(1) of the Act before paragraph (a) is replaced by the following:
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, at any reasonable time enter any place, including a conveyance, referred to in subsection (1.1) and may for that purpose
(2) Subsection 31(1) of the Act is amended by adding the following after paragraph (g):
(g.1) take photographs and make recordings and sketches;
(3) Subsection 31(1) of the Act is amended by striking out “and” at the end of paragraph (h) and by replacing paragraph (i) with the following:
(i) seize and detain, in accordance with this Part, any controlled substance, precursor 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 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 or precursor 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;
(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; and
(n) in order to access that place, enter on or pass through or over private property.
(4) Subsection 31(2) of the Act is replaced by the following:
Place or conveyance
(1.1) For the purposes of subsection (1), the inspector may enter any place, including a conveyance, in which they believe on reasonable grounds
(a) that a controlled substance, a precursor or a document relating to the administration of this Act or the regulations is located;
(b) that an activity could be conducted under a licence, permit, authorization or exemption that is under consideration by the Minister;
(c) that an activity to which the provisions of this Act or the regulations apply is being conducted; or
(d) that 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.
Person accompanying inspector
(1.2) The inspector may be accompanied by any other person that they believe is necessary to help them perform their functions under this section.
Warrant required to enter dwelling-place
(2) In the case of a dwelling-place, an inspector may enter it only with the consent of an occupant or under the authority of a warrant issued under subsection (3).
(5) The portion of subsection 31(3) of the Act before paragraph (c) is replaced by the following:
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 (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-place but otherwise meets the conditions for entry described in subsections (1) and (1.1);
(b) entry to the dwelling-place is necessary for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or the regulations; and
(6) Paragraph 31(3)(c) of the French version of the Act is replaced by the following:
c) un refus a été opposé à l’entrée ou il y a des motifs raisonnables de croire que tel sera le cas.
(7) The portion of subsection 31(3) of the English version of the Act after paragraph (c) is repealed.
(8) Subsection 31(5) of the Act is replaced by the following:
Assistance to inspector
(5) The owner or other person in charge of a place entered by an inspector under subsection (1) 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.
(9) Subsections 31(6) to (9) of the Act are replaced by the following:
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.
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.
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.
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.
28. Subsection 32(3) of the French version of the Act is replaced by the following:
Interdiction
(3) Il est interdit, sans l’autorisation de l’inspecteur, de déplacer les choses saisies, retenues ou emportées en application de l’article 31 ou d’en modifier l’état de quelque manière que ce soit.
29. Part V of the Act is replaced by the following:
PART V
ADMINISTRATIVE MONETARY PENALTIES
Violation
Commission of violation
33. Every person who contravenes a provision designated by regulations made under paragraph 34(1)(a) or contravenes an order made under section 45.1 or 45.2 or reviewed under section 45.4 commits a violation and is liable to the penalty established in accordance with the provisions of this Act and the regulations.
Powers of the Governor in Council and Minister
Regulations
34. (1) The Governor in Council may make regulations
(a) designating as a violation that may be proceeded with in accordance with this Act the contravention of any specified provision of this Act or the regulations;
(b) fixing a penalty, or a range of penalties, in respect of each violation;
(c) classifying each violation as a minor violation, a serious violation or a very serious violation; and
(d) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be increased or reduced, including a reduction in the amount that is provided for in a compliance agreement.
Maximum penalty
(2) The maximum penalty for a violation is $30,000.
Criteria for penalty
35. Unless a penalty is fixed under paragraph 34(1)(b), the amount of a penalty shall, in each case, be determined taking into account
(a) the history of compliance with the provisions of this Act or the regulations by the person who committed the violation;
(b) the harm to public health or safety that resulted or could have resulted from the violation;
(c) whether the person made reasonable efforts to mitigate or reverse the violation’s effects;
(d) whether the person derived any compet­itive or economic benefit from the violation; and
(e) any other prescribed criteria.
Notices of violation
36. The Minister may
(a) designate individuals, or classes of individuals, who are authorized to issue notices of violation; and
(b) establish, in respect of each violation, a short-form description to be used in notices of violation.
Proceedings
Issuance of notice of violation
37. (1) If a person who is designated under paragraph 36(a) believes on reasonable grounds that a person has committed a violation, the designated person may issue, and shall provide the person with, a notice of violation that
(a) sets out the person’s name;
(b) identifies the alleged violation;
(c) sets out the penalty for the violation that the person is liable to pay; and
(d) sets out the particulars concerning the time and manner of payment.
Summary of rights
(2) A notice of violation shall clearly summarize, in plain language, the rights and obligations of the named person under this section and sections 38 to 43.7, including the right to have the acts or omissions that constitute the alleged violation or the amount of the penalty reviewed and the procedure for requesting that review.
Penalties
Payment
38. (1) If the person named in the notice pays, in the prescribed time and manner, the amount of the penalty,
(a) they are deemed to have committed the violation in respect of which the amount is paid;
(b) the Minister shall accept that amount as complete satisfaction of the penalty; and
(c) the proceedings commenced in respect of the violation under section 37 are ended.
Alternatives to payment
(2) Instead of paying the penalty set out in a notice of violation, the person named in the notice may, in the prescribed time and manner,
(a) if the penalty is $5,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the order to which the violation relates; or
(b) request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty.
Deeming
(3) If the person named in the notice of violation does not pay the penalty in the prescribed time and manner and does not exercise any right referred to in subsection (2) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice.
Compliance Agreements
Compliance agreements
39. (1) After considering a request under paragraph 38(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms and conditions that are satisfactory to the Minister. The terms and conditions may
(a) include a provision for the giving of reasonable security, in a form and in an amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and
(b) provide for the reduction, in whole or in part, of the penalty for the violation.
Deeming
(2) A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into.
Notice of compliance
(3) If the Minister is satisfied that a person who has entered into a compliance agreement has complied with it, the Minister shall cause a notice to that effect to be provided to the person, at which time
(a) the proceedings commenced in respect of the violation under section 37 are ended; and
(b) any security given by the person under the compliance agreement shall be returned to the person.
Notice of default
(4) If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister shall cause a notice of default to be provided to the person to the effect that
(a) instead of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay, in the prescribed time and manner, twice the amount of that penalty, and, for greater certainty, subsection 34(2) does not apply in respect of that amount; or
(b) the security, if any, given by the person under the compliance agreement shall be forfeited to Her Majesty in right of Canada.
Effect of notice of default
(5) Once provided with the notice of default, the person may not deduct from the amount set out in the notice any amount they spent under the compliance agreement and
(a) the person is liable to pay the amount set out in the notice; or
(b) if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation under section 37 are ended.
Effect of payment
(6) If a person pays the amount set out in the notice of default in the prescribed time and manner,
(a) the Minister shall accept the amount as complete satisfaction of the amount owing; and
(b) the proceedings commenced in respect of the violation under section 37 are ended.
Refusal to enter into compliance agreement
40. (1) If the Minister refuses to enter into a compliance agreement requested under paragraph 38(2)(a), the person who made the request is liable to pay the amount of the penalty in the prescribed time and manner.
Effect of payment
(2) If a person pays the amount referred to in subsection (1),
(a) they are deemed to have committed the violation in respect of which the payment is made;
(b) the Minister shall accept the amount as complete satisfaction of the penalty; and
(c) the proceedings commenced in respect of the violation under section 37 are ended.
Deeming
(3) If a person does not pay the amount referred to in subsection (1) in the prescribed time and manner, they are deemed to have committed the violation identified in the notice of violation.
Review by the Minister
Review — with respect to facts
41. (1) On completion of a review requested under paragraph 38(2)(b) with respect to the acts or omissions that constitute the alleged violation, the Minister shall determine whether the person who requested the review committed the violation. If the Minister determines that the person committed the violation but that the amount of the penalty was not established in accordance with the provisions of this Act and the regulations, the Minister shall correct the amount.
Violation not committed — effect
(2) If the Minister determines under subsection (1) that the person who requested the review did not commit the violation, the proceedings commenced in respect of it under section 37 are ended.
Review — with respect to penalty
(3) On completion of a review requested under paragraph 38(2)(b) with respect to the amount of the penalty, the Minister shall determine whether the amount of the penalty was established in accordance with the provisions of this Act and the regulations and, if not, the Minister shall correct the amount.
Notice of decision
(4) The Minister shall cause a notice of any decision made under subsection (1) or (3) to be provided to the person who requested the review.
Payment
(5) The person is liable to pay, in the prescribed time and manner, the amount of the penalty that is confirmed or corrected in the Minister’s decision made under subsection (1) or (3).
Effect of payment
(6) If a person pays the amount referred to in subsection (5),
(a) the Minister shall accept the amount as complete satisfaction of the penalty; and
(b) the proceedings commenced in respect of the violation under section 37 are ended.
Written evidence and submissions
(7) The Minister is to consider only written evidence and written submissions in determining whether a person committed a violation or whether the amount of a penalty was established in accordance with the provisions of this Act and the regulations.
Enforcement
Debts to Her Majesty
42. (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:
(a) the amount of a penalty, from the time the notice of violation setting out the penalty is provided;
(b) every amount set out in a compliance agreement entered into with the Minister under subsection 39(1), from the time the compliance agreement is entered into;
(c) the amount set out in a notice of default referred to in subsection 39(4), from the time the notice is provided; and
(d) the amount of a penalty as set out in a decision of the Minister made under subsection 41(1) or (3), from the time the notice of that decision is provided.
Time limit
(2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable.
Debt final
(3) A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 38 to 41.
Certificate of default
43. (1) Any debt referred to in subsection 42(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.
Judgments
(2) On production to the Federal Court, the certificate shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with the registration of the certificate.
Rules About Violations
Certain defences not available
43.1 (1) A person named in a notice of violation does not have a defence by reason that the person
(a) exercised due diligence to prevent the violation; or
(b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.
Common law principles
(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.
Burden of proof
43.2 In every case when the facts of a violation are reviewed by the Minister, he or she shall determine, on a balance of probabilities, whether the person named in the notice of violation committed the violation identified in the notice.
Violation by corporate officers, etc.
43.3 If a person other than an individual commits a violation under this Act, any of the person’s directors, officers, agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the person who actually committed the violation is proceeded against under this Act.
Vicarious liability — acts of employees and agents
43.4 A person is liable for a violation that is committed by any employee, agent or mandatary of the person acting in the course of the employee’s employment or the scope of the agent or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against under this Act.
Continuing violation
43.5 A violation that is continued on more than one day constitutes a separate violation in respect of each day on which it is continued.
Other Provisions
Evidence
43.6 In any proceeding in respect of a violation or a prosecution for an offence, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed the notice of violation.
Time limit
43.7 Proceedings in respect of a violation shall not be commenced later than six months after the Minister becomes aware of the acts or omissions that constitute the alleged violation.
How act or omission may be proceeded with
43.8 If an act or omission can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.
Certification by Minister
43.9 A document appearing to have been issued by the Minister, certifying the day on which the acts or omissions that constitute the alleged violation became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Minister became aware of the acts or omissions on that day.
Publication of information
43.91 The Minister may, for the purpose of encouraging compliance with the provisions of this Act and the regulations, publish information about any violation after proceedings in respect of it are ended.
30. Subsection 45(1) of the Act is replaced by the following:
Analysis
45. (1) A peace officer, inspector or prescribed person may submit to an analyst for analysis or examination any substance or sample of it taken by the peace officer, inspector or prescribed person.
31. The Act is amended by adding the following after section 45:
Ministerial Orders
Provision of information
45.1 The Minister may, by order, require a person who is authorized under this Act to conduct activities in relation to controlled substances or precursors to provide the Minister, in the time and manner that the Minister specifies, with any information respecting those activities that the Minister considers necessary
(a) to verify compliance or prevent non-compliance with the provisions of this Act or the regulations; or
(b) to address an issue of public health or safety.
Measures
45.2 The Minister may, by order, require a person who is authorized under this Act to conduct activities in relation to controlled substances or precursors to take measures, in the time and manner that the Minister specifies, to prevent non-compliance with the provisions of this Act or the regulations or, if the Minister has reasonable grounds to believe that there is such non-compliance, to remedy it.
Review officer
45.3 The Minister may designate any qualified individual or class of qualified individuals as review officers for the purpose of reviewing orders under section 45.4.
Request for review
45.4 (1) Subject to any other provision of this section, an order that is made under section 45.1 or 45.2 shall be reviewed on the written request of the person who was ordered to provide information or to take measures — but only on grounds that involve questions of fact alone or questions of mixed law and fact — by a review officer other than the individual who made the order.
Contents of and time for making request
(2) The written request shall state the grounds for review and set out the evidence — including evidence that was not considered by the individual who made the order — that supports those grounds and the decision that is sought. It shall be provided to the Minister within seven days after the day on which the order was provided.
No authority to review
(3) The review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.
Reasons for refusal
(4) The person who made the request shall, without delay, be notified in writing of the reasons for not doing the review.
Review initiated by review officer
(5) A review officer — other than the individ­ual who made the order — may review an order, whether or not a request is made under subsection (1).
Order in effect
(6) An order continues to apply during a review unless the review officer decides otherwise.
Completion of review
(7) A review officer shall complete the review no later than 30 days after the day on which the request is provided to the Minister.
Extension of period for review
(8) The review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.
Reasons for extension
(9) If the review period is extended, the person who made the request shall, without delay, be notified in writing of the reasons for extending it.
Decision on completion of review
(10) On completion of a review, the review officer shall confirm, amend, terminate or cancel the order.
Written notice
(11) The person who made the request or, if there is no request, the person who was ordered to provide information or to take measures shall, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).
Effect of amendment
(12) An order that is amended is subject to review under this section.
Statutory Instruments Act
45.5 The Statutory Instruments Act does not apply in respect of an order made under section 45.1 or 45.2.
32. The portion of section 46 of the Act before paragraph (a) is replaced by the following:
Penalty
46. Every person who contravenes a provision of this Act for which punishment is not otherwise provided, a provision of a regulation, or an order made under section 45.1 or 45.2
33. Section 47 of the Act is replaced by the following:
Limitation
47. (1) No summary conviction proceedings in respect of an offence under subsection 4(2) or 32(2) or the regulations or in respect of a contravention of an order made under section 45.1 or 45.2 shall be commenced after the expiry of one year after the time when the subject matter of the proceedings arose.
Venue
(2) Proceedings in respect of a contravention of any provision of this Act or the regulations or of an order made under section 45.1 or 45.2 may be held in the place where the offence was committed or where the subject matter of the proceedings arose or in any place where the accused is apprehended or happens to be located.
34. (1) Subsection 51(1) of the Act is replaced by the following:
Certificate of analyst
51. (1) A certificate or report prepared by an analyst under subsection 45(2) is admissible in evidence in any prosecution for an offence under this Act or any other Act of Parliament and, in the absence of evidence to the contrary, is proof of the statements set out in the certificate or report, without proof of the signature or official character of the person appearing to have signed it.
(2) Subsection 51(3) of the Act is repealed.
35. (1) Paragraphs 55(1)(c) and (d) of the Act are replaced by the following:
(c) respecting the issuance, suspension, cancellation, duration and terms and conditions of any class of licence for the importation into Canada, exportation from Canada, production, packaging, sale, provision or administration of any substance included in Schedule I, II, III, IV, V or VI or any class of those substances;
(d) respecting the issuance, suspension, cancellation, duration and terms and conditions of any permit for the importation into Canada, exportation from Canada or production of a substance included in Schedule I, II, III, IV, V or VI or any class of those substances as well as the amount of those substances or any class of those substances that may be imported, exported or produced under such a permit;
(2) Paragraph 55(1)(e) of the French version of the Act is replaced by the following:
e) fixer les droits exigibles pour la demande de délivrance des licences et permis visés aux alinéas c) et d);
(3) Subsection 55(1) of the Act is amended by adding the following after paragraph (i):
(i.1) specifying controlled substances or classes of controlled substances that must have tamper-resistant properties;
(i.2) providing that the Minister may authorize any person to conduct any of the activities referred to in paragraph (a) in relation to a controlled substance or a class of controlled substances that is specified under paragraph (i.1) if the Minister is satisfied, on the basis of scientific evidence, that the substance or the class has tamper-resistant properties;
(i.3) respecting the issuance, suspension, cancellation, duration and terms and conditions of any authorization referred to in paragraph (i.2);
(4) Paragraphs 55(1)(m) and (n) of the Act are replaced by the following:
(m) respecting records, reports, electronic data or other documents in respect of controlled substances or precursors that are required to be kept and provided by any person or class of persons;
(n) respecting the qualifications for inspectors and their powers and duties in relation to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations;
(5) Paragraphs 55(1)(p) and (q) of the Act are replaced by the following:
(p) respecting the detention and disposition of or otherwise dealing with any controlled substance, precursor, offence-related property or conveyance;
(6) Paragraph 55(1)(s) of the Act is replaced by the following:
(s) respecting the collection, use, retention, disclosure and disposal of information, including personal information, as defined in section 3 of the Privacy Act, and confidential business information, as defined in section 2 of the Canada Consumer Product Safety Act;
(7) Paragraph 55(1)(u) of the Act is replaced by the following:
(u) respecting the provision of information under section 45.1;
(u.1) respecting the measures referred to in section 45.2;
(u.2) respecting the review of orders under section 45.4;
(8) Paragraphs 55(1)(x) and (y) of the Act are replaced by the following:
(x) amending the definitions “alkaloid”, “analogue”, “derivative”, “intermediate”, “isomer”, “preparation” and “salt”;
(9) Paragraph 55(1)(z) of the English version of the Act is replaced by the following:
(z) exempting, on any terms and conditions that are specified in the regulations, any person or class of persons or any controlled substance or precursor or any class of controlled substances or precursors from the application of any provision of this Act or the regulations; and
2005, c. 10, s. 15(1)
(10) The portion of subsection 55(2) of the Act before paragraph (d) is replaced by the following:
Regulations pertaining to law enforcement
(2) The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may make regulations that pertain to investigations and other law enforcement activities conducted under this Act by a member of a police force or of the military police and other persons acting under the direction and control of the member and, without restricting the generality of the foregoing, may make regulations
(a) authorizing, for the purposes of this subsection,
(i) the Minister of Public Safety and Emergency Preparedness or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction, or
(ii) the Minister of National Defence to designate military police;
(b) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of Part I or the regulations;
(c) respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force or of the military police that has been designated under paragraph (a) for the purpose of exempting the member from the application of any provision of this Act or the regulations;
(11) Paragraph 55(2)(d) of the English version of the Act is replaced by the following:
(d) respecting the detention, storage and disposition of or other dealing with any controlled substance or precursor;
2001, c. 32, s. 55; 2005, c. 10, s. 15(2)
(12) The portion of subsection 55(2.1) of the Act before paragraph (d) is replaced by the following:
Regulations pertaining to law enforcement under other Acts
(2.1) The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may, for the purpose of an investigation or other law enforcement activity conducted under another Act of Parliament, make regulations authorizing a member of a police force or of the military police or other person under the direction and control of the member to commit an act or omission — or authorizing a member of a police force or of the military police to direct the commission of an act or omission — that would otherwise constitute an offence under Part I or the regulations and, without restricting the generality of the foregoing, may make regulations
(a) authorizing, for the purposes of this subsection,
(i) the Minister of Public Safety and Emergency Preparedness or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction, or
(ii) the Minister of National Defence to designate military police;
(b) exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of any provision of Part I or the regulations;
(c) respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force or of the military police that has been designated under paragraph (a) for the purpose of exempting the member from the application of any provision of Part I or the regulations;
2001, c. 32, s. 55
(13) Paragraph 55(2.1)(d) of the English version of the Act is replaced by the following:
(d) respecting the detention, storage and disposition of or other dealing with any controlled substance or precursor;
(14) Subsection 55(3) of the Act is replaced by the following:
Externally produced material
(3) A regulation made under this Act may incorporate by reference a document, or part of a document, produced by a person or body other than the Minister who recommends the making of the regulation, including by
(a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;
(b) an industrial or trade organization; or
(c) a government.
Reproduced or translated material
(4) A regulation made under this Act may incorporate by reference a document that the Minister who recommends the making of the regulation reproduces or translates from a document, or part of a document, produced by a body or person other than that Minister
(a) with any adaptations of form and reference that will facilitate its incorporation into the regulation; or
(b) in a form that sets out only the parts of it that apply for the purposes of the regulation.
Jointly produced documents
(5) A regulation made under this Act may incorporate by reference a document, or part of a document, that the Minister who recommends the making of the regulation produces jointly with another government for the purpose of harmonizing the regulation with other laws.
Internally produced standards
(6) A regulation made under this Act may incorporate by reference a technical or explan­atory document, or part of such a document, that the Minister who recommends the making of the regulation produces, either alone or jointly with a person or body in the federal public administration, including
(a) specifications, classifications, illustrations, graphs or other information of a technical nature; and
(b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.
Static or ambulatory incorporation
(7) A document may be incorporated by reference as it exists on a particular date or as it is amended from time to time.
For greater certainty
(8) Subsections (3) to (7) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.
36. Section 60 of the Act is replaced by the following:
Compliance with terms and conditions
59.1 The holder of a licence, permit, authorization or exemption shall comply with its terms and conditions.
Schedules
60. The Governor in Council may, by order, amend any of Schedules I to IV and VI to VIII by adding to them or deleting from them any item or portion of an item, if the Governor in Council considers the amendment to be necessary in the public interest.
Schedule V
60.1 (1) The Minister may, by order, add to Schedule V any item or portion of an item for a period of up to one year, or extend that period by up to another year, if the Minister has reasonable grounds to believe that it
(a) poses a significant risk to public health or safety; or
(b) may pose a risk to public health or safety and
(i) is being imported into Canada with no legitimate purpose, or
(ii) is being distributed in Canada with no legitimate purpose.
Deletions
(2) The Minister may, by order, delete any item or portion of an item from Schedule V.
37. Subitem 1(2) of Schedule II to the Act is replaced by the following:
(2)       Cannabis (marijuana)
SOR/2002-361, s. 1; SOR/2003-32, s. 7
38. Schedule V to the Act is replaced by the Schedule V set out in the schedule to this Act.
39. (1) Item 2 of Schedule VII to the Act is replaced by the following:
Substance
Amount
2. Cannabis (marijuana)
3 kg
(2) Schedule VII to the Act is amended by adding the following after item 2:
Substance
Amount
3. Any preparation that contains a substance set out in Schedule II, except the substances set out in subitems 1(8) and (9)
3 kg
SOR/97-230, s. 16
40. (1) Item 2 of Schedule VIII to the Act is replaced by the following:
Substance
Amount
2. Cannabis (marijuana)
30 g
(2) Schedule VIII to the Act is amended by adding the following after item 2:
Substance
Amount
3. Any preparation that contains a substance set out in Schedule II, except the substances set out in subitems 1(8) and (9)
1 g
RELATED AMENDMENTS
R.S., c. C-46
Criminal Code
2001, c. 41, s. 4
41. (1) Paragraphs 83.13(4)(a) and (b) of the Criminal Code are replaced by the following:
(a) the power to make an interlocutory sale of perishable or rapidly depreciating property;
(b) the power to destroy, in accordance with subsections (5) to (8), property that has little or no value; and
(c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in right of Canada in accordance with subsection (8.1).
2001, c. 41, s. 4
(2) Subsection 83.13(5) of the Act is replaced by the following:
Application for destruction order
(5) Before a person who is appointed to manage property destroys property that has little or no value, he or she shall apply to a judge of the Federal Court for a destruction order.
2001, c. 41, s. 4
(3) Subsection 83.13(6) of the English version of the Act is replaced by the following:
Notice
(6) Before making a destruction order, a judge shall require notice in accordance with subsection (7) to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property.
2001, c. 41, s. 4
(4) Subsections 83.13(7) to (9) of the Act are replaced by the following:
Manner of giving notice
(7) A notice shall
(a) be given in the manner that the judge directs or that may be specified in the rules of the Federal Court; and
(b) specify the effective period of the notice that the judge considers reasonable or that may be set out in the rules of the Federal Court.
Destruction order
(8) A judge shall order that the property be destroyed if he or she is satisfied that the property has little or no financial or other value.
Forfeiture order
(8.1) On application by a person who is appointed to manage the property, a judge of the Federal Court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law if
(a) a notice is given or published in the manner that the judge directs or that may be specified in the rules of the Federal Court;
(b) the notice specifies a period of 60 days during which a person may make an application to the judge asserting their interest in the property; and
(c) during that period, no one makes such an application.
When management order ceases to have effect
(9) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.
For greater certainty
(9.1) For greater certainty, when property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.
2001, c. 41, s. 4
42. Subsection 83.14(5) of the French version of the Act is replaced by the following:
Confiscation
(5) S’il est convaincu, selon la prépondérance des probabilités, que les biens sont visés par les alinéas (1)a) ou b), le juge ordonne la confiscation des biens au profit de Sa Majesté; l’ordonnance prévoit qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec le droit applicable.
43. Paragraph (d) of the definition “offence” in section 183 of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):
(iv) section 7.1 (possession, etc., for use in production or trafficking),
R.S., c. 42 (4th Supp.), s. 2
44. Paragraph 462.32(4)(a) of the French version of the Act is replaced by the following:
a) détenir — ou faire détenir — les biens saisis en prenant les précautions normales pour garantir leur préservation jusqu’à ce qu’il ait été statué à leur égard conformément au droit applicable;
2001, c. 32, s. 16
45. (1) Paragraphs 462.331(3)(a) and (b) of the Act are replaced by the following:
(a) the power to make an interlocutory sale of perishable or rapidly depreciating property;
(b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and
(c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in right of Canada in accordance with subsection (7.1).
2001, c. 32, s. 16
(2) Subsections 462.331(4) and (5) of the Act are replaced by the following:
Application for destruction order
(4) Before a person who is appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.
Notice
(5) Before making a destruction order, a court shall require notice in accordance with subsection (6) 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.
2001, c. 32, s. 16
(3) Paragraphs 462.331(6)(a) and (b) of the Act are replaced by the following:
(a) be given in the manner that the court directs or that may be specified in the rules of the court; and
(b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.
2001, c. 32, s. 16
(4) Subsections 462.331(7) and (8) of the Act are replaced by the following:
Destruction order
(7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.
Forfeiture order
(7.1) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law if
(a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;
(b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and
(c) during that period, no one makes such an application.
When management order ceases to have effect
(8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.
For greater certainty
(8.1) For greater certainty, when property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.
2001, c. 32, s. 19
46. (1) Subsections 462.37(1) and (2) of the Act are replaced by the following:
Order of forfeiture of property
462.37 (1) Subject to this section and sections 462.39 to 462.41, if an offender is convicted, or discharged under section 730, of a designated offence and the court imposing sentence on or discharging the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime obtained through the commission of the designated offence, the court shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.
Proceeds of crime — other offences
(2) 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) was obtained through the commission of the designated offence of which the offender is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is proceeds of crime, the court may make an order of forfeiture under subsection (1) in relation to that property.
2005, c. 44, s. 6(1)
(2) Subsection 462.37(2.01) of the French version of the Act is replaced by the following:
Confiscation — circonstances particulières
(2.01) Dans le cas où le contrevenant est condamné pour une infraction mentionnée au paragraphe (2.02), le tribunal qui détermine la peine à infliger est tenu, sur demande du procureur général et sous réserve des autres dispositions du présent article et des articles 462.4 et 462.41, d’ordonner la confiscation au profit de Sa Majesté des biens du contrevenant précisés par le procureur général dans la demande et de prévoir dans l’ordonnance qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec le droit applicable, s’il est convaincu, selon la prépondérance des probabilités, de l’un ou l’autre des faits suivants :
a) le contrevenant s’est livré, dans les dix ans précédant l’inculpation relative à l’infraction en cause, à des activités criminelles répétées visant à lui procurer, directement ou indirectement, un avantage matériel, notamment pécuniaire;
b) le revenu du contrevenant de sources non liées à des infractions désignées ne peut justifier de façon raisonnable la valeur de son patrimoine.
2001, c. 32, s. 20(2)
47. (1) Paragraph 462.38(2)(b) of the Act is replaced by the following:
(b) that property was obtained through the commission of a designated offence in respect of which proceedings were commenced, and
R.S., c. 42 (4th Supp.), s. 2
(2) The portion of subsection 462.38(2) of the French version of the Act after paragraph (c) is replaced by the following:
L’ordonnance prévoit qu’il est disposé de ces biens selon les instructions du procureur général ou autrement en conformité avec le droit applicable.
R.S., c. 42 (4th Supp.), s. 2
48. The portion of subsection 462.41(2) of the Act before paragraph (c) is replaced by the following:
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
49. The portion of subsection 462.43(1) of the French version of the Act after paragraph (c) is replaced by the following:
toutefois, si le saisi ou la personne qui l’a remis à l’administrateur n’en avait pas la possession légitime et si le véritable propriétaire ou la personne qui a droit à sa possession légitime est inconnu, le juge peut en ordonner la confiscation au profit de Sa Majesté, l’ordonnance prévoyant qu’il est disposé du bien selon les instructions du procureur général ou autrement en conformité avec le droit applicable.
R.S., c. 27 (1st Supp.), s. 73; 1997, c. 18, s. 50(2)
50. The portion of subsection 490(9) of the French version of the Act after paragraph (d) is replaced by the following:
en cas d’illégalité de la possession de cette chose par la personne entre les mains de qui elle a été saisie, ou si nul n’en avait la possession au moment de la saisie, et lorsque ne sont pas connus le propriétaire légitime ni la personne ayant droit à la possession de cette chose, le juge peut en outre ordonner qu’elle soit confisquée au profit de Sa Majesté; il en est alors disposé selon les instructions du procureur général ou autrement en conformité avec le droit applicable.
1997, c. 23, s. 15; 2007, c. 13, ss. 8(1) and (2)
51. Subsections 490.1(1) and (2) of the Act are replaced by the following:
Order of forfeiture of property on conviction
490.1 (1) Subject to sections 490.3 to 490.41, if a person is convicted, or discharged under section 730, of an indictable offence under this Act or the Corruption of Foreign Public Officials Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that 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 purpose of this paragraph.
Property related to other offences
(2) Subject to sections 490.3 to 490.41, 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 indictable offence under this Act or the Corruption of Foreign Public Officials Act of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.
1997, c. 23, s. 15
52. Paragraphs 490.2(4)(a) and (b) of the Act are replaced by the following:
(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 purpose of this paragraph.
1997, c. 23, s. 15
53. The portion of subsection 490.4(2) of the Act before paragraph (c) is replaced by the following:
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
2001, c. 32, s. 33
54. Paragraphs 490.41(2)(a) and (b) of the Act are replaced by the following:
(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
2001, c. 32, s. 36
55. (1) Paragraphs 490.81(3)(a) and (b) of the Act are replaced by the following:
(a) the power to make an interlocutory sale of perishable or rapidly depreciating property;
(b) the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and
(c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in right of Canada in accordance with subsection (7.1).
2001, c. 32, s. 36
(2) Subsections 490.81(4) and (5) of the Act are replaced by the following:
Application for destruction order
(4) Before a person who is appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.
Notice
(5) Before making a destruction order, a court shall require notice in accordance with subsection (6) 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.
2001, c. 32, s. 36
(3) Paragraphs 490.81(6)(a) and (b) of the Act are replaced by the following:
(a) be given in the manner that the court directs or that may be specified in the rules of the court; and
(b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.
2001, c. 32, s. 36
(4) Subsections 490.81(7) and (8) of the Act are replaced by the following:
Destruction order
(7) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.
Forfeiture order
(7.1) On application by a person who is appointed to manage the property, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law if
(a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;
(b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and
(c) during that period, no one makes such an application.
When management order ceases to have effect
(8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.
For greater certainty
(8.1) For greater certainty, when property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.
R.S., c. 27 (1st Supp.), s. 74
56. Paragraph 491.1(2)(b) of the French version of the Act is replaced by the following:
b) confiscation au profit de Sa Majesté, si leur propriétaire légitime ou la personne qui a droit à leur possession légitime ne sont pas connus, pour qu’il en soit disposé selon que l’ordonne le procureur général ou autrement en conformité avec le droit applicable.
1993, c. 37
Seized Property Management Act
2001, c. 41, ss. 135(6) and (7)
57. Paragraphs 4(1)(a) and (b) of the Seized Property Management Act are replaced by the following:
(a) seized under a warrant issued under section 83.13, 462.32 or 487 of the Criminal Code or section 11 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code or subsection 15.1(2) of the Controlled Drugs and Substances Act, as the case may be;
(b) subject to a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code or subsection 15.1(2) of the Controlled Drugs and Substances Act, as the case may be;
2001, c. 41, s. 135(8)
58. Subsection 5(1) of the Act is replaced by the following:
Transfer of property
5. (1) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2), 462.331(1) or 490.81(1) of the Criminal Code, subsection 15.1(1) of the Controlled Drugs and Substances Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.
2001, c. 32, s. 77
59. (1) Paragraphs 7(2)(a) and (b) of the Act are replaced by the following:
(a) the power to make an interlocutory sale of perishable or rapidly depreciating property;
(b) the power to destroy, in accordance with subsections (2.1) to (2.4), property that has little or no value; and
(c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in right of Canada in accordance with subsection (2.5).
2001, c. 32, s. 77
(2) Subsection 7(2.2) of the Act is replaced by the following:
Notice
(2.2) Before making a destruction order, a court shall require notice in accordance with subsection (2.3) 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.
2001, c. 32, s. 77
(3) Paragraphs 7(2.3)(a) and (b) of the Act are replaced by the following:
(a) be given in the manner that the court directs or that may be specified in the rules of the court; and
(b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.
2001, c. 32, s. 77
(4) Subsections 7(2.4) and (3) of the Act are replaced by the following:
Destruction order
(2.4) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value.
Forfeiture order
(2.5) On application by the Minister, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty in right of Canada and disposed of or otherwise dealt with in accordance with the law if
(a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;
(b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and
(c) during that period, no one makes such an application.
When management order ceases to have effect
(3) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.
For greater certainty
(4) For greater certainty, when property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.
COORDINATING AMENDMENTS
Bill C-2
60. (1) Subsections (2) to (16) apply if Bill C-2, introduced in the 2nd session of the 41st Parliament and entitled the Respect for Communities Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 26 of this Act comes into force before section 2 of the other Act, then that section 2 is repealed.
(3) If section 2 of the other Act comes into force on the same day as section 26 of this Act, then that section 2 is deemed to have come into force before that section 26.
(4) If subsection 3(1) of the other Act comes into force before subsection 27(4) of this Act, then, on the day on which that subsection 3(1) comes into force, that subsection 27(4) is replaced by the following:
(4) Subsections 31(1.1) to (2) are replaced by the following:
Place or conveyance
(1.1) For the purposes of subsection (1), the inspector may enter any place, including a conveyance, in which they believe on reasonable grounds
(a) that a controlled substance, a precursor or a document relating to the administration of this Act or the regulations is located;
(b) that an activity could be conducted under a licence, permit, authorization or exemption that is under consideration by the Minister;
(c) that an activity to which the provisions of this Act or the regulations apply is being conducted; or
(d) that 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.
Person accompanying inspector
(1.2) The inspector may be accompanied by any other person that they believe is necessary to help them perform their functions under this section.
Warrant required to enter dwelling-place
(2) In the case of a dwelling-place, an inspector may enter it only with the consent of an occupant or under the authority of a warrant issued under subsection (3).
(5) If subsection 27(4) of this Act comes into force before subsection 3(1) of the other Act, then that subsection 3(1) is repealed.
(6) If subsection 3(1) of the other Act comes into force on the same day as subsection 27(4) of this Act, then that subsection 27(4) is deemed to have come into force before that subsection 3(1) and subsection (5) applies as a consequence.
(7) If subsection 27(4) of this Act comes into force before subsection 3(2) of the other Act, then that subsection 3(2) is repealed.
(8) If subsection 3(2) of the other Act comes into force on the same day as subsection 27(4) of this Act, then that subsection 3(2) is deemed to have come into force before that subsection 27(4).
(9) If subsection 27(5) of this Act comes into force before subsection 3(3) of the other Act, then that subsection 3(3) is repealed.
(10) If subsection 3(3) of the other Act comes into force on the same day as subsection 27(5) of this Act, then that subsection 3(3) is deemed to have come into force before that subsection 27(5).
(11) If subsection 27(8) of this Act comes into force before subsection 3(4) of the other Act, then that subsection 3(4) is repealed.
(12) If subsection 3(4) of the other Act comes into force on the same day as subsection 27(8) of this Act, then that subsection 3(4) is deemed to have come into force before that subsection 27(8).
(13) If subsection 27(9) of this Act comes into force before subsection 3(5) of the other Act, then that subsection 3(5) is repealed.
(14) If subsection 3(5) of the other Act comes into force on the same day as subsection 27(9) of this Act, then that subsection 3(5) is deemed to have come into force before that subsection 27(9).
(15) If subsection 35(4) of this Act comes into force before subsection 4(1) of the other Act, then that subsection 4(1) is repealed.
(16) If subsection 4(1) of the other Act comes into force on the same day as subsection 35(4) of this Act, then that subsection 4(1) is deemed to have come into force before that subsection 35(4).
COMING INTO FORCE
Order in council
61. (1) Subsection 2(1) and section 29 come into force on a day to be fixed by order of the Governor in Council.
Order in council
(2) Section 3, subsections 4(2) and 8(1), (3) and (4), sections 9 and 11 to 25, subsection 27(9), sections 30, 41, 45 and 46, subsection 47(1) and sections 48, 51 to 55 and 57 to 59 come into force on a day to be fixed by order of the Governor in Council.
Order in council
(3) Subsections 6(2) and (3), section 37 and subsections 39(1) and 40(1) come into force on a day to be fixed by order of the Governor in Council.
Explanatory NotesControlled Drugs and Substances Act
Clause 2: Existing text of the definition:
“adjudicator” means a person appointed or employed under the Public Service Employment Act who performs the duties and functions of an adjudicator under this Act and the regulations;
(2) Existing text of the definition:
“sell” includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration;
(3) Relevant portion of the definition:
“produce” means, in respect of a substance included in any of Schedules I to IV, to obtain the substance by any method or process including
(4) Relevant portion of the definition:
“traffic” means, in respect of a substance included in any of Schedules I to IV,
(5) New.
Clause 3: Existing text of subsection 3(2):
(2) For the purposes of sections 16 and 20, a reference to a person who is or was convicted of a designated substance offence includes a reference to an offender who is discharged under section 730 of the Criminal Code.
Clause 4: (1) Existing text of subsections 5(1) and (2):
5. (1) No person shall traffic in a substance included in Schedule I, II, III or IV or in any substance represented or held out by that person to be such a substance.
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III or IV.
(2) and (3) Relevant portion of subsection 5(3):
(3) Every person who contravenes subsection (1) or (2)
(a) subject to paragraph (a.1), if the subject matter of the offence is a substance included in Schedule I or II, is guilty of an indictable offence and liable to imprisonment for life, and
(i) to a minimum punishment of imprisonment for a term of one year if
...  
(D) the person was convicted of a designated substance offence, or had served a term of imprisonment for a designated substance offence, within the previous 10 years, or
... 
(b) where the subject-matter of the offence is a substance included in Schedule III,
(4) Existing text of subsection 5(5):
(5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III or IV includes a reference to any substance represented or held out to be a substance included in that Schedule.
Clause 5: (1) and (2) Relevant portion of subsection 6(3):
(3) Every person who contravenes subsection (1) or (2)
...  
(b) where the subject-matter of the offence is a substance included in Schedule III or VI,
...  
(c) where the subject-matter of the offence is a substance included in Schedule IV or V,
Clause 6: (1) Existing text of subsection 7(1):
7. (1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III or IV.
(2) to (4) Relevant portion of subsection 7(2):
(2) Every person who contravenes subsection (1)
...  
(a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment
...  
(b) if the subject matter of the offence is cannabis (marijuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of
...  
(c) where the subject-matter of the offence is a substance included in Schedule III,
Clause 7: Existing text of section 7.1:
7.1 (1) No person shall possess, produce, sell or import anything knowing that it will be used to produce or traffic in a substance referred to in item 18 of Schedule I or subitem 1(9) of Schedule III.
(2) Every person who contravenes subsection (1) is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years less a day.
Clause 8: (1) to (3) Relevant portion of subsection 10(2):
(2) If a person is convicted of a designated substance offence for which the court is not required to impose a minimum punishment, the court imposing sentence on the person shall consider any relevant aggravating factors including that the person
(a) in relation to the commission of the offence,
...  
(iii) trafficked in a substance included in Schedule I, II, III or IV or possessed such a substance for the purpose of trafficking, in or near a school, on or near school grounds or in or near any other public place usually frequented by persons under the age of eighteen years, or
(iv) trafficked in a substance included in Schedule I, II, III or IV, or possessed such a substance for the purpose of trafficking, to a person under the age of eighteen years;
(b) was previously convicted of a designated substance offence; or
(4) Relevant portion of subsection 10(4):
(4) A court sentencing a person who is convicted of an offence under this Part may delay sentencing to enable the offender
Clause 9: Existing text of the heading:
Search, Seizure and Detention
Clause 10: Existing text of subsection 11(4):
(4) An endorsement that is made on a warrant as provided for in subsection (3) is sufficient authority to any peace officer to whom it was originally directed and to all peace officers within the jurisdiction of the justice by whom it is endorsed to execute the warrant and to deal with the things seized in accordance with the law.
Clause 11: New.
Clause 12: Existing text of subsections 13(2) to (6):
(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.
(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.
(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.
(5) A report in Form 5.2 of the Criminal Code may be filed as a report for the purposes of subsection (4).
(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.
Clause 13: Existing text of the heading:
Restraint Orders
Clause 14: (1) to (4) Existing text of subsections 14(1) to (3):
14. (1) The Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any offence-related property.
(2) An application made under subsection (1) for a restraint order in respect of any offence-related property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters:
(a) the offence against this Act to which the offence-related property relates;
(b) the person who is believed to be in possession of the offence-related property; and
(c) a description of the offence-related property.
(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in such manner as may be specified in the order.
Clause 15: Existing text of sections 14.1 and 15:
14.1 (1) On application of the Attorney General or of any other person with the written consent of the Attorney General, a justice in the case of offence-related property seized under section 11, or a judge in the case of offence-related property restrained under section 14, may, where he or she is of the opinion that the circumstances so require,
(a) appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and
(b) require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).
(2) When the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) shall appoint the Minister of Public Works and Government Services.
(3) The power to manage or otherwise deal with property under subsection (1) includes
(a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and
(b) in the case of property that has little or no value, the power to destroy that property.
(4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.
(5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) 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.
(6) A notice shall
(a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and
(b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.
(7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.
(8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.
(9) The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).
15. (1) Subject to sections 16 to 22, sections 489.1 and 490 of the Criminal Code apply, with such modifications as the circumstances require, to any offence-related property that is the subject-matter of a restraint order made under section 14.
(2) Where, pursuant to subsection (1), an order is made under paragraph 490(9)(c) of the Criminal Code for the return of any offence-related property that is the subject of a restraint order 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 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.
Clause 16: Existing text of the heading:
Forfeiture of Offence-related Property
Clause 17: (1) Existing text of subsections 16(1) and (2):
16. (1) Subject to sections 18 to 19.1, where a person is convicted of a designated substance offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall
(a) in the case of a substance included in Schedule VI, order that the substance be forfeited to Her Majesty in right of Canada and disposed of by the Minister as the Minister thinks fit; and
(b) in the case of any other offence-related property,
(i) where 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 and disposed of by the Attorney General or Solicitor General of that province in accordance with the law, and
(ii) in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of by such member of the Queen’s Privy Council for Canada as may be designated for the purposes of this subparagraph in accordance with the law.
(2) Subject to sections 18 to 19.1, where the evidence does not establish to the satisfaction of the court that the designated substance offence of which a person has been convicted was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that that property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.
(2) Existing text of subsection 16(3):
(3) A person who has been convicted 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.
Clause 18: (1) Relevant portion of subsection 17(2):
(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 offence-related property,
(b) that proceedings in respect of a designated substance offence in relation to the property referred to in paragraph (a) were commenced, and
(2) Existing text of subsection 17(4):
(4) For the purposes of subsection (2),
(a) in the case of a substance included in Schedule VI, the judge shall order that the substance be forfeited to Her Majesty in right of Canada and disposed of by the Minister as the Minister thinks fit; and
(b) in the case of any other offence-related property,
(i) where 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 by the Attorney General or Solicitor General of that province in accordance with the law, and
(ii) in any other case, the judge shall order that the property be forfeited to Her Majesty in right of Canada and disposed of by such member of the Queen’s Privy Council for Canada as may be designated for the purposes of this subparagraph in accordance with the law.
Clause 19: Existing text of section 18:
18. A court may, before ordering that offence-related property be forfeited under subsection 16(1) or 17(2), set aside any conveyance or transfer of the property that occurred after the seizure of the property, or the making of a restraint order in respect of the property, unless the conveyance or transfer was for valuable consideration to a person acting in good faith.
Clause 20: Relevant portion of subsection 19(2):
(2) A notice given under subsection (1) shall
(a) be given or served in such manner as the court directs or as may be specified in the rules of the court;
(b) be of such duration as the court considers reasonable or as may be specified in the rules of the court; and
Clause 21: (1) Existing text of subsection 19.1(1):
19.1 (1) Where all or part of offence-related 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 of the indictable offence under this Act in relation to which the property would be forfeited.
(2) Relevant portion of subsection 19.1(2):
(2) A notice shall
(a) be given or served in the manner that the court directs or that may be specified in the rules of the court;
(b) be of any duration that the court considers reasonable or that may be specified in the rules of the court; and
(3) Existing text of subsection 19.1(3):
(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 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.
(4) Relevant portion of subsection 19.1(4):
(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 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
Clause 22: Relevant portion of subsection 20(1):
20. (1) Where any offence-related property is forfeited to Her Majesty pursuant to an order made under subsection 16(1) or 17(2), any person who claims an interest in the property, other than
(a) in the case of property forfeited pursuant to an order made under subsection 16(1), a person who was convicted of the designated substance offence in relation to which the property was forfeited,
Clause 23: Existing text of the headings and sections 24 to 26:
PART III
DISPOSAL OF CONTROLLED SUBSTANCES
24. (1) Where a controlled substance has been seized, found or otherwise acquired by a peace officer or an inspector, any person may, within sixty days after the date of the seizure, finding or acquisition, on prior notification being given to the Attorney General in the prescribed manner, apply, by notice in writing to a justice in the jurisdiction in which the substance is being detained, for an order to return that substance to the person.
(2) Where, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the controlled substance and the Attorney General does not indicate that the substance or a portion of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament, the justice shall, subject to subsection (5), order that the substance or the portion not required for the purposes of the proceeding be returned forthwith to the applicant.
(3) Where, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the controlled substance but the Attorney General indicates that the substance or a portion of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament, the justice shall, subject to subsection (5), order that the substance or the portion required for the purposes of the proceeding be returned to the applicant
(a) on the expiration of one hundred and eighty days after the application was made, if no proceeding in relation to the substance has been commenced before that time; or
(b) on the final conclusion of the proceeding or any other proceeding in relation to the substance, where the applicant is not found guilty in those proceedings of an offence committed in relation to the substance.
(4) Where, on the hearing of an application made under subsection (1), a justice is not satisfied that an applicant is the lawful owner or is lawfully entitled to possession of the controlled substance, the justice shall order that the substance or the portion not required for the purposes of a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in such manner as the Minister directs.
(5) Where, on the hearing of an application made under subsection (1), a justice is satisfied that an applicant is the lawful owner or is lawfully entitled to possession of a controlled substance, but an order has been made under subsection 26(2) in respect of the substance, the justice shall make an order that an amount equal to the value of the substance be paid to the applicant.
25. Where no application for the return of a controlled substance has been made under subsection 24(1) within sixty days after the date of the seizure, finding or acquisition by a peace officer or inspector and the substance or a portion of it is not required for the purposes of any preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the substance or the portion not required for the purposes of the proceeding shall be delivered to the Minister to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in such manner as the Minister directs.
26. (1) Where the Minister has reasonable grounds to believe that a controlled substance that has been seized, found or otherwise acquired by a peace officer or inspector constitutes a potential security, public health or safety hazard, the Minister may, on prior notification being given to the Attorney General in the prescribed manner, at any time, make an application, ex parte, to a justice for an order that the substance or a portion of it be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in such manner as the Minister directs.
(2) Where, on the hearing of an application made under subsection (1), a justice is satisfied that there are reasonable grounds to believe that the controlled substance constitutes a potential security, public health or safety hazard, the justice shall order that the substance or any portion not required for the purposes of a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in such manner as the Minister directs.
Clause 24: (1) to (4) Existing text of section 27:
27. Subject to section 24, where, pursuant to a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament, the court before which the proceedings have been brought is satisfied that any controlled substance that is the subject of proceedings before the court is no longer required by that court or any other court, the court
(a) shall
(i) where it is satisfied that the person from whom the substance was seized came into possession of the substance in accordance with the regulations and continued to deal with it in accordance with the regulations, order that the substance be returned to the person, or
(ii) where it is satisfied that possession of the substance by the person from whom it was seized is unlawful and the person who is lawfully entitled to its possession is known, order that the substance be returned to the person who is the lawful owner or is lawfully entitled to its possession; and
(b) may, where it is not satisfied that the substance should be returned pursuant to subparagraph (i) or (ii) or where possession of the substance by the person from whom it was seized is unlawful and the person who is the lawful owner or is lawfully entitled to its possession is not known, order that the substance be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in such manner as the Minister directs.
Clause 25: Existing text of sections 28 and 29:
28. Where a controlled substance has been seized, found or otherwise acquired by a peace officer or inspector under this Act or the regulations and the substance or a portion of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament, the person who is the lawful owner or is lawfully entitled to its possession may consent to its disposal, and on such consent being given the substance or portion is thereupon 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 such manner as the Minister directs.
29. The Minister may, on prior notification being given to the Attorney General, cause to be destroyed any plant from which a substance included in Schedule I, II, III or IV may be extracted that is being produced otherwise than under the authority of and in accordance with a licence issued under the regulations.
Clause 26: Existing text of subsection 30(2):
(2) An inspector shall be furnished with a prescribed certificate of designation, and on entering any place pursuant to subsection 31(1) shall, on request, produce the certificate to the person in charge of the place.
Clause 27: (1) to (3) Relevant portion of subsection 31(1):
31. (1) Subject to subsection (2), an inspector may, to ensure compliance with the regulations, at any reasonable time enter any place the inspector believes on reasonable grounds is used for the purpose of conducting the business or professional practice of any person licensed or otherwise authorized under the regulations to deal in a controlled substance or a precursor and may for that purpose
... 
(i) seize and detain in accordance with this Part, any controlled substance or precursor the seizure and detention of which the inspector believes on reasonable grounds is necessary.
(4) Existing text of subsection 31(2):
(2) Where a place referred to in subsection (1) is a dwelling-place, an inspector may not enter the dwelling-place without the consent of an occupant thereof except under the authority of a warrant issued under subsection (3).
(5) to (7) Existing text of subsection 31(3):
(3) Where, on ex parte application, a justice is satisfied by information on oath that
(a) a place referred to in subsection (1) is a dwelling-place but otherwise meets the conditions for entry described in that subsection,
(b) entry to the dwelling-place is necessary for the purpose of ensuring compliance with the regulations, and
(c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused,
the justice may issue a warrant authorizing the inspector named in it to enter that dwelling-place and exercise any of the powers mentioned in paragraphs (1)(a) to (i), subject to such conditions as may be specified in the warrant.
(8) and (9) Existing text of subsections 31(5) to (9):
(5) The owner or other person in charge of a place entered by an inspector under subsection (1) and every person found there shall give the inspector all reasonable assistance in the power of that person and furnish the inspector with such information as the inspector may reasonably require.
(6) Where an inspector seizes and detains a controlled substance or a precursor, the substance or precursor may, at the discretion of the inspector, be kept or stored at the place where it was seized or, at the direction of the inspector, be removed to any other proper place.
(7) An inspector who seizes a controlled substance or a precursor shall take such measures as 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 controlled substance or precursor is being kept or stored.
(8) Where an inspector determines that to ensure compliance with the regulations it is no longer necessary to detain a controlled substance or a precursor seized by the inspector under paragraph (1)(i), 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 controlled substance or precursor to that person.
(9) Notwithstanding sections 24, 25 and 27, where a period of one hundred and twenty days has elapsed after the date of a seizure under paragraph (1)(i) and the controlled substance or precursor has not been returned in accordance with subsection (8), the controlled substance or precursor shall be returned, disposed of or otherwise dealt with in such manner as the Minister directs, in accordance with any applicable regulations.
Clause 28: Existing text of subsection 32(3):
(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.
Clause 29: Existing text of Part V:
PART V
ADMINISTRATIVE ORDERS FOR CONTRAVENTIONS OF DESIGNATED 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.
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.
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.
(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.
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.
(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.
(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.
(4) An adjudicator may, subject to the regulations, determine the time and place of any hearing or other proceeding under this Part.
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.
38. Proof of service of any notice, order or interim order under this Part shall be given in the prescribed manner.
39. For the purposes of this Act, an adjudicator has and may exercise the powers of a person appointed as a commissioner under Part I of the Inquiries Act.
40. An adjudicator shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.
41. (1) An adjudicator shall, after the conclusion of a hearing referred to in subsection 36(1) or a proceeding referred to in subsection 36(3), within the prescribed time, make a determination that the person who is the subject of the hearing or proceeding contravened or did not contravene the designated regulation.
(2) Where an adjudicator has made a determination under subsection (1), the adjudicator shall
(a) forthwith notify the person and the Minister of the adjudicator’s determination and the reasons; and
(b) where the adjudicator has determined that the person has contravened the designated regulation, notify the person of the opportunity to make representations to the Minister in writing in accordance with the regulations and within the prescribed time.
(3) Where an adjudicator has made a determination referred to in paragraph (2)(b) and the Minister has considered the determination and any representations referred to in that paragraph, the Minister shall forthwith make an order
(a) prohibiting the person from doing anything that they would, if they were in compliance with the designated regulation, be permitted to do, or
(b) subjecting the doing of anything under the designated regulation by the person to the terms and conditions specified in the order,
and may, for that purpose, suspend, cancel or amend any licence, permit or authorization issued or granted to the person under the regulations or take any other measures set out in the regulations.
(4) An order made under subsection (3) shall be served on the person to whom it is directed in the prescribed manner.
42. (1) An interim order made under subsection 35(1) and an order made under subsection 41(3) have effect from the time that they are served on the person to whom they are directed.
(2) An interim order that was made in respect of a person believed to have contravened a designated regulation ceases to have effect
(a) where the Minister makes an order under subsection 41(3), at the time the order is served on the person; and
(b) where an adjudicator has determined that the person did not contravene the designated regulation, at the time the adjudicator makes the determination.
(3) A person in respect of whom an order was made under subsection 41(3) may make an application in writing to the Minister in accordance with the regulations to revoke the order.
(4) The Minister may, in the prescribed circumstances, revoke, in whole or in part, any order made under subsection 41(3).
43. Every person commits an offence who contravenes an order or an interim order made under this Part.
Clause 30: Existing text of subsection 45(1):
45. (1) An inspector or peace officer may submit to an analyst for analysis or examination any substance or sample thereof taken by the inspector or peace officer.
Clause 31: New.
Clause 32: Relevant portion of section 46:
46. Every person who contravenes a provision of this Act for which punishment is not otherwise provided or a regulation, other than a designated regulation within the meaning of Part V,
Clause 33: Existing text of section 47:
47. (1) No summary conviction proceedings in respect of an offence under subsection 4(2) or 32(2), section 43 or the regulations shall be commenced after the expiration of one year after the time when the subject-matter of the proceedings arose.
(2) Proceedings in respect of a contravention of any provision of this Act or the regulations may be held in the place where the offence was committed or where the subject-matter of the proceedings arose or in any place where the accused is apprehended or happens to be located.
Clause 34: (1) Existing text of subsection 51(1):
51. (1) Subject to this section, a certificate or report prepared by an analyst under subsection 45(2) is admissible in evidence in any prosecution for an offence under this Act or the regulations or any other Act of Parliament and, in the absence of evidence to the contrary, is proof of the statements set out in the certificate or report, without proof of the signature or official character of the person appearing to have signed it.
(2) Existing text of subsection 51(3):
(3) Unless the court otherwise orders, no certificate or report shall be received in evidence under subsection (1) unless the party intending to produce it has, before its production at trial, given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.
Clause 35: (1) to (9) Relevant portion of subsection 55(1):
55. (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including the regulation of the medical, scientific and industrial applications and distribution of controlled substances and precursors and the enforcement of this Act and, without restricting the generality of the foregoing, may make regulations
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(c) respecting the issuance, suspension, cancellation, duration and terms and conditions of any class of licence for the importation into Canada, exportation from Canada, production, packaging, sale, provision or administration of any substance included in Schedule I, II, III, IV, V or VI or any class thereof;
(d) respecting the issuance, suspension, cancellation, duration and terms and conditions of any permit for the importation into Canada, exportation from Canada or production of a specified quantity of a substance included in Schedule I, II, III, IV, V or VI or any class thereof;
(e) prescribing the fees payable on application for any of the licences or permits provided for in paragraphs (c) and (d);
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(m) respecting the records, books, electronic data or other documents in respect of controlled substances and precursors that are required to be kept and provided by any person or class of persons who imports into Canada, exports from Canada, produces, packages, sends, transports, delivers, sells, provides, administers, possesses, obtains or otherwise deals in any controlled substance or precursor or any class thereof;
(n) respecting the qualifications for inspectors and their powers and duties in relation to the enforcement of, and compliance with, the regulations;
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(p) respecting the detention and disposal of or otherwise dealing with any controlled substance;
(q) respecting the disposal of or otherwise dealing with any precursor;
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(s) respecting the communication of any information obtained under this Act or the regulations from or relating to any person or class of persons who is or may be authorized to import into Canada, export from Canada, produce, package, send, transport, deliver, sell, provide, administer, possess, obtain or otherwise deal in any controlled substance or precursor or any class thereof
(i) to any provincial professional licensing authority, or
(ii) to any person or class of persons where, in the opinion of the Governor in Council, it is necessary to communicate that information for the proper administration or enforcement of this Act or the regulations;
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(u) prescribing the circumstances in which an order made under subsection 41(3) may be revoked by the Minister pursuant to subsection 42(4);
...  
(x) conferring powers or imposing duties and functions on adjudicators in relation to hearings conducted and determinations made by them under Part V;
(y) governing the practice and procedure of hearings conducted and determinations made by adjudicators under Part V;
(z) exempting, on such terms and conditions as may be specified in the regulations, any person or class of persons or any controlled substance or precursor or any class thereof from the application of this Act or the regulations; and
(10) and (11) Relevant portion of subsection 55(2):
(2) The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may make regulations that pertain to investigations and other law enforcement activities conducted under this Act by a member of a police force and other persons acting under the direction and control of a member and, without restricting the generality of the foregoing, may make regulations
(a) authorizing the Minister of Public Safety and Emergency Preparedness or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction for the purposes of this subsection;
(b) exempting, on such terms and conditions as may be specified in the regulations, a member of a police force that has been designated pursuant to paragraph (a) and other persons acting under the direction and control of the member from the application of any provision of Part I or the regulations;
(c) respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force that has been designated pursuant to paragraph (a) for the purpose of exempting the member from the application of this Act or the regulations;
(d) respecting the detention, storage, disposal or otherwise dealing with any controlled substance or precursor;
(12) and (13) Relevant portion of subsection 55(2.1):
(2.1) The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may, for the purpose of an investigation or other law enforcement activity conducted under another Act of Parliament, make regulations authorizing a member of a police force or other person under the direction and control of such a member to commit an act or omission — or authorizing a member of a police force to direct the commission of an act or omission — that would otherwise constitute an offence under Part I or the regulations and, without restricting the generality of the foregoing, may make regulations
(a) authorizing the Minister of Public Safety and Emergency Preparedness or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction for the purposes of this subsection;
(b) exempting, on such terms and conditions as may be specified in the regulations, a member of a police force that has been designated pursuant to paragraph (a) and other persons acting under the direction and control of the member from the application of any provision of Part I or the regulations;
(c) respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force that has been designated pursuant to paragraph (a) for the purpose of exempting the member from the application of Part I or the regulations;
(d) respecting the detention, storage, disposal or other dealing with any controlled substance or precursor;
(14) Existing text of subsection 55(3):
(3) Any regulations made under this Act incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time, and, in such a case, the reference shall be read accordingly.
Clause 36: Existing text of section 60:
60. The Governor in Council may, by order, amend any of Schedules I to VIII by adding to them or deleting from them any item or portion of an item, where the Governor in Council deems the amendment to be necessary in the public interest.
Criminal Code
Clause 41: (1) to (4) Existing text of subsections 83.13(4) to (9):
(4) The power to manage or otherwise deal with property under subsection (2) includes
(a) in the case of perishable or rapidly depreciating property, the power to sell that property; and
(b) in the case of property that has little or no value, the power to destroy that property.
(5) Before a person appointed under subsection (2) destroys property referred to in paragraph (4)(b), he or she shall apply to a judge of the Federal Court for a destruction order.
(6) Before making a destruction order in relation to any property, a judge shall require notice in accordance with subsection (7) to be given to, and may hear, any person who, in the opinion of the judge, appears to have a valid interest in the property.
(7) A notice under subsection (6) shall be given in the manner that the judge directs or as provided in the rules of the Federal Court.
(8) A judge may order that property be destroyed if he or she is satisfied that the property has little or no financial or other value.
(9) A management order ceases to have effect when the property that is the subject of the management order is returned to an applicant in accordance with the law or forfeited to Her Majesty.
Clause 42: Existing text of subsection 83.14(5):
(5) If a judge is satisfied on a balance of probabilities that property is property referred to in paragraph (1)(a) or (b), the judge shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.
Clause 43: New.
Clause 44: Relevant portion of subsection 462.32(4):
(4) Every person who executes a warrant issued by a judge under this section shall
(a) detain or cause to be detained the property seized, taking reasonable care to ensure that the property is preserved so that it may be dealt with in accordance with the law;
Clause 45: (1) to (4) Existing text of subsections 462.331(3) to (8):
(3) The power to manage or otherwise deal with property under subsection (1) includes
(a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and
(b) in the case of property that has little or no value, the power to destroy that property.
(4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.
(5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) 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.
(6) A notice shall
(a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and
(b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.
(7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.
(8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.
Clause 46: (1) and (2) Existing text of subsections 462.37(1) to (2.01):
462.37 (1) Subject to this section and sections 462.39 to 462.41, where an offender is convicted, or discharged under section 730, of a designated offence and the court imposing sentence on the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime and that the designated offence was committed in relation to that property, the court shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.
(2) Where the evidence does not establish to the satisfaction of the court that the designated offence of which the offender is convicted, or discharged under section 730, was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that that property is proceeds of crime, the court may make an order of forfeiture under subsection (1) in relation to that property.
(2.01) A court imposing sentence on an offender convicted of an offence described in subsection (2.02) shall, on application of the Attorney General and subject to this section and sections 462.4 and 462.41, order that any property of the offender that is identified by the Attorney General in the application be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law if the court is satisfied, on a balance of probabilities, that
(a) within 10 years before the proceedings were commenced in respect of the offence for which the offender is being sentenced, the offender engaged in a pattern of criminal activity for the purpose of directly or indirectly receiving a material benefit, including a financial benefit; or
(b) the income of the offender from sources unrelated to designated offences cannot reasonably account for the value of all the property of the offender.
Clause 47: (1) and (2) Existing text of subsection 462.38(2):
(2) Subject to sections 462.39 to 462.41, where an application is made to a judge under subsection (1), the judge shall, if the judge is satisfied that
(a) any property is, beyond a reasonable doubt, proceeds of crime,
(b) proceedings in respect of a designated offence committed in relation to that property were commenced, and
(c) the accused charged with the offence referred to in paragraph (b) has died or absconded,
order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.
Clause 48: Relevant portion of subsection 462.41(2):
(2) A notice given under subsection (1) shall
(a) be given or served in such manner as the court directs or as may be prescribed by the rules of the court;
(b) be of such duration as the court considers reasonable or as may be prescribed by the rules of the court; and
Clause 49: Existing text of subsection 462.43(1):
462.43 (1) Where property has been seized under a warrant issued pursuant to section 462.32, a restraint order has been made under section 462.33 in relation to any property or a recognizance has been entered into pursuant to paragraph 462.34(4)(a) in relation to any property and a judge, on application made to the judge by the Attorney General or any person having an interest in the property or on the judge’s own motion, after notice given to the Attorney General and any other person having an interest in the property, is satisfied that the property will no longer be required for the purpose of section 462.37, 462.38 or any other provision of this or any other Act of Parliament respecting forfeiture or for the purpose of any investigation or as evidence in any proceeding, the judge
(a) in the case of a restraint order, shall revoke the order;
(b) in the case of a recognizance, shall cancel the recognizance; and
(c) in the case of property seized under a warrant issued pursuant to section 462.32 or property under the control of a person appointed pursuant to paragraph 462.331(1)(a),
(i) if possession of it by the person from whom it was taken is lawful, shall order that it be returned to that person,
(ii) if possession of it by the person from whom it was taken is unlawful and the lawful owner or person who is lawfully entitled to its possession is known, shall order that it be returned to the lawful owner or the person who is lawfully entitled to its possession, or
(iii) if possession of it by the person from whom it was taken is unlawful and the lawful owner or person who is lawfully entitled to its possession is not known, may order that it be forfeited to Her Majesty, to be disposed of as the Attorney General directs, or otherwise dealt with in accordance with the law.
Clause 50: Existing text of subsection 490(9):
(9) Subject to this or any other Act of Parliament, if
(a) a judge referred to in subsection (7), where a judge ordered the detention of anything seized under subsection (3), or
(b) a justice, in any other case,
is satisfied that the periods of detention provided for or ordered under subsections (1) to (3) in respect of anything seized have expired and proceedings have not been instituted in which the thing detained may be required or, where those periods have not expired, that the continued detention of the thing seized will not be required for any purpose mentioned in subsection (1) or (4), he shall
(c) if possession of it by the person from whom it was seized is lawful, order it to be returned to that person, or
(d) if possession of it by the person from whom it was seized is unlawful and the lawful owner or person who is lawfully entitled to its possession is known, order it to be returned to the lawful owner or to the person who is lawfully entitled to its possession,
and may, if possession of it by the person from whom it was seized is unlawful, or if it was seized when it was not in the possession of any person, and the lawful owner or person who is lawfully entitled to its possession is not known, order it to be forfeited to Her Majesty, to be disposed of as the Attorney General directs, or otherwise dealt with in accordance with the law.
Clause 51: Existing text of subsections 490.1(1) and (2):
490.1 (1) Subject to sections 490.3 to 490.41, if a person is convicted of an indictable offence under this Act or the Corruption of Foreign Public Officials Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall
(a) where 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 and disposed of by the Attorney General or Solicitor General of that province in accordance with the law; and
(b) in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of by the member of the Queen’s Privy Council for Canada that may be designated for the purpose of this paragraph in accordance with the law.
(2) Subject to sections 490.3 to 490.41, if the evidence does not establish to the satisfaction of the court that the indictable offence under this Act or the Corruption of Foreign Public Officials Act of which a person has been convicted was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.
Clause 52: Existing text of subsection 490.2(4):
(4) For the purpose of subsection (2), the judge shall
(a) where 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 and disposed of by the Attorney General or Solicitor General of that province in accordance with the law; and
(b) in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of by the member of the Queen’s Privy Council for Canada that may be designated for the purpose of this paragraph in accordance with the law.
Clause 53: Relevant portion of subsection 490.4(2):
(2) A notice given under subsection (1) shall
(a) be given or served in the manner that the court directs or that may be specified in the rules of the court;
(b) be of any duration that the court considers reasonable or that may be specified in the rules of the court; and
Clause 54: Relevant portion of subsection 490.41(2):
(2) A notice shall
(a) be given or served in the manner that the court directs or that may be specified in the rules of the court;
(b) be of any duration that the court considers reasonable or that may be specified in the rules of the court; and
Clause 55: (1) to (4) Existing text of subsections 490.81(3) to (8):
(3) The power to manage or otherwise deal with property under subsection (1) includes
(a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and
(b) in the case of property that has little or no value, the power to destroy that property.
(4) Before a person appointed to manage property destroys property that has little or no value, he or she shall apply to a court for a destruction order.
(5) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (6) 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.
(6) A notice shall
(a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and
(b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.
(7) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.
(8) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant or forfeited to Her Majesty.
Clause 56: Relevant portion of subsection 491.1(2):
(2) In the circumstances referred to in subsection (1), the court shall order, in respect of any property,
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(b) if the lawful owner or person lawfully entitled to possession of the property is not known, that it be forfeited to Her Majesty, to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.
Seized Property Management Act
Clause 57: Relevant portion of subsection 4(1):
4. (1) On taking possession or control thereof, the Minister shall be responsible for the custody and management of all property that is
(a) seized under a warrant issued under section 83.13, 462.32 or 487 of the Criminal Code or section 11 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code or subsection 14.1(2) of the Controlled Drugs and Substances Act, as the case may be;
(b) subject to a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code or section 14 of the Controlled Drugs and Substances Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code or subsection 14.1(2) of the Controlled Drugs and Substances Act, as the case may be;
Clause 58: Existing text of subsection 5(1):
5. (1) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2), 462.331(1) or 490.81(1) of the Criminal Code, subsection 14.1(1) of the Controlled Drugs and Substances Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation.
Clause 59: (1) Existing text of subsection 7(2):
(2) The power of the Minister in respect of any seized property that is the subject of a management order includes
(a) in the case of perishable or rapidly depreciating property, the power to make an interlocutory sale of that property; and
(b) in the case of property that has little or no value, the power to destroy that property.
(2) to (4) Existing text of subsections 7(2.2) to (3):
(2.2) Before making a destruction order in relation to any property, a court shall require notice in accordance with subsection (2.3) 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.
(2.3) A notice shall
(a) be given or served in the manner that the court directs or that may be specified in the rules of the court; and
(b) be of any duration that the court considers reasonable or that may be specified in the rules of the court.
(2.4) A court may order that the property be destroyed if it is satisfied that the property has little or no value, whether financial or other.
(3) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law to an applicant therefor or forfeited to Her Majesty.
SCHEDULE 
(Section 38)
SCHEDULE V 
(Sections 2, 5 to 7.1, 10, 55 and 60.1)
Published under authority of the Speaker of the House of Commons