Cannabis Act (S.C. 2018, c. 16)

PART 7Inspections

Marginal note:Designation of inspectors

• 84 (1) For the purposes of the administration and enforcement of this Act, the Minister may designate any individuals or class of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.

• Marginal note:Certificate of designation

  (2) Each inspector must be provided with a certificate of designation in a form established by the Minister and, when entering any place under subsection 86(1), must, on request, produce the certificate to the person in charge of the place.

Marginal note:Provision of documents, information or samples

• 85 (1) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations, order a person that is authorized under this Act to conduct any activity in relation to cannabis to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.

• Marginal note:Duty to provide

  (2) A person that is ordered by an inspector to provide a document, information or a sample must do so on the date, at the time and place and in the manner specified by the inspector.

Marginal note:Power to enter

• 86 (1) Subject to subsection (7), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations, enter any place, including a conveyance, in which they believe on reasonable grounds

  • (a) an activity that may be regulated under this Act is being conducted;

  • (b) any record, report, electronic data or other document relating to the administration of this Act or the regulations is located;

  • (c) any record, report, electronic data or other document relating to the promotion of cannabis, a cannabis accessory or a service related to cannabis is located;

  • (d) an activity could be conducted under a licence, permit, authorization or exemption that is under consideration by the Minister; or

  • (e) 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or exemption, in which case the inspector may enter the place only within 45 days after the day on which it expired or was revoked.

• Marginal note:Other powers

  (2) The inspector may in the place entered under subsection (1)

  • (a) open and examine any receptacle or package found in the place;

  • (b) examine anything found in the place that is used or may be capable of being used for the production, preservation, packaging, labelling or storage of cannabis;

  • (c) examine any record, report, electronic data or other document, or any label or promotional material, found in the place with respect to cannabis, other than the records of the medical condition of individuals, and make copies of them or take extracts from them;

  • (d) use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (c);

  • (e) reproduce any document from any electronic data referred to in paragraph (c), or cause it to be reproduced, in the form of a printout or other output;

  • (f) take the record, report or other document, or the label or promotional material, referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying;

  • (g) use or cause to be used any copying equipment at the place to make copies of any document;

  • (h) take photographs and make recordings and sketches;

  • (i) examine any substance found in the place and take, for the purpose of analysis, any samples of it;

  • (j) seize and detain in accordance with this Part, cannabis or any other thing found in the place that the inspector believes on reasonable grounds is something in relation to which the Act was contravened or is something the seizure and detention of which is necessary to prevent non-compliance with the provisions of this Act or of the regulations;

  • (k) order the owner or person having possession of cannabis or any other thing to which the provisions of this Act or of 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;

  • (l) order the owner or person having possession of any conveyance that is found in the place and that the inspector believes on reasonable grounds contains cannabis to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (m) order any person in that place to establish their identity to the inspector’s satisfaction; and

  • (n) order a person that, at that place, conducts an activity to which the provisions of this Act or of the regulations apply to stop or start the activity.

• Marginal note:Means of telecommunication

  (3) For the purposes of subsection (1), the inspector is considered to have entered a place when accessing it remotely by a means of telecommunication.

• Marginal note:Limitation — access by means of telecommunication

  (4) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than for the period necessary for the purpose referred to in subsection (1).

• Marginal note:Individual accompanying inspector

  (5) The inspector may be accompanied by any other individual that the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section.

• Marginal note:Entering private property

  (6) The inspector and any individual accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so.

• Marginal note:Warrant required to enter dwelling-house

  (7) In the case of a dwelling-house, an inspector may enter it only with the consent of an occupant or under the authority of a warrant issued under subsection (8).

• Marginal note:Authority to issue warrant

  (8) A justice may, on ex parte application, issue a warrant authorizing the inspector named in it to enter a place and exercise any of the powers mentioned in paragraphs (2)(a) to (n), subject to any conditions that are specified in the warrant, if the justice is satisfied by information on oath that

  • (a) the place is a dwelling-house but otherwise meets the conditions for entry described in subsection (1);

  • (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations; and

  • (c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused.

• Marginal note:Use of force

  (9) In executing a warrant issued under subsection (8), an inspector must not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

• Marginal note:Means of telecommunication

  (10) An application for a warrant under subsection (8) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.

• Marginal note:Assistance to inspector

  (11) The owner or other person in charge of a place entered by an inspector under subsection (1) and every individual found there must give the inspector all reasonable assistance in their power and provide the inspector with any information that the inspector may reasonably require.

• Marginal note:Storage and notice

  (12) An inspector who seizes a thing under this section may

  • (a) on notice to and at the expense of its owner or the person having possession of it at the time of its seizure, store it or move it to another place; or

  • (b) order its owner or the person having possession of it at the time of its seizure to, at their expense, store it or move it to another place.

• Marginal note:Return by inspector

  (13) If an inspector determines that to verify compliance or prevent non-compliance with the provisions of this Act or of the regulations it is no longer necessary to detain anything seized by the inspector under this section, the inspector must notify in writing the owner or other person in charge of the place where the seizure occurred of that determination and, on being issued a receipt for it, must return the thing to that person.

• Marginal note:Return or disposition by Minister

  (14) If a period of 120 days has elapsed after the date of a seizure under this section and the thing has not been returned, disposed of or otherwise dealt with in accordance with subsection (13) or any of sections 103 to 107, it must be returned, disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

PART 8Search Warrant

Marginal note:Information for search warrant

• 87 (1) A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that any of the following is in a place may, at any time, issue a warrant authorizing a peace officer, at any time, to search the place for it and to seize it:

  • (a) cannabis in respect of which this Act has been contravened;

  • (b) anything in which cannabis in respect of which this Act has been contravened is contained or concealed;

  • (c) offence-related property; or

  • (d) anything that will afford evidence in respect of an offence under this Act or an offence, in whole or in part, in relation to a contravention of this Act, under section 354 or 462.31 of the Criminal Code.

• Marginal note:Application of section 487.1 of the Criminal Code

  (2) For the purposes of subsection (1), the information may be submitted by telephone or other means of telecommunication in accordance with section 487.1 of the Criminal Code, with any necessary modifications.

• Marginal note:Execution of warrant

  (3) A warrant issued under subsection (1) may be executed at any place in Canada. Any peace officer who executes the warrant must have authority to act as a peace officer in the place where it is executed.

• Marginal note:Duty of peace officer executing warrant

  (4) Section 487.093 of the Criminal Code, other than paragraph 487.093(1)(c), applies with respect to a warrant issued under subsection (1).

• Marginal note:Search of person and seizure

  (5) If a peace officer who executes a warrant issued under subsection (1) has reasonable grounds to believe that any individual found in the place referred to in the warrant has on them any cannabis, property or thing referred to in the warrant, the peace officer may search the individual for it and seize it.

• Marginal note:Seizure of other things

  (6) A peace officer who executes a warrant issued under subsection (1) may seize, in addition to any cannabis, property or thing referred to in the warrant,

  • (a) any cannabis in respect of which the peace officer believes on reasonable grounds that this Act has been contravened;

  • (b) anything that the peace officer believes on reasonable grounds contains or conceals cannabis;

  • (c) anything that the peace officer believes on reasonable grounds is offence-related property; or

  • (d) anything that the peace officer believes on reasonable grounds will afford evidence in respect of an offence under this Act.

• Marginal note:Where warrant not necessary

  (7) A peace officer may exercise any of the powers described in subsection (1), (5) or (6) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain one.

• Marginal note:Seizure of additional things

  (8) A peace officer who executes a warrant issued under subsection (1) or exercises powers under subsection (5) or (7) may seize, in addition to any cannabis, property or thing referred to in the warrant and in subsection (6), anything that the peace officer believes on reasonable grounds has been obtained by or used in the commission of an offence or that will afford evidence in respect of an offence.

Marginal note:Assistance and use of force

88 For the purpose of exercising any of the powers described in section 87, a peace officer may

• (a) enlist the assistance that the officer considers necessary; and

• (b) use as much force as is necessary in the circumstances.

PART 9Disposition of Seized Things

Report to Minister

Marginal note:Report of seizure, etc.

• 89 (1) Subject to the regulations, every peace officer, inspector or prescribed person that seizes, finds or otherwise acquires cannabis in the course of the administration or enforcement of this Act or any other Act of Parliament must, within 30 days after doing so, cause a report to be sent to the Minister setting out

  • (a) a description of the cannabis;

  • (b) the amount that was seized, found or otherwise acquired;

  • (c) the place where it was seized, found or otherwise acquired;

  • (d) the date on which it was seized, found or otherwise acquired;

  • (e) the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs;

  • (f) the number of the file or police report related to the seizure, finding or acquisition; and

  • (g) any other prescribed information.

• Marginal note:Copy to justice

  (2) In the case of a seizure made under section 87 of this Act, the Criminal Code or a power of seizure at common law, the individual who caused the report to be sent to the Minister must also, within 30 days after the seizure, 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.

Application

Marginal note:Sections 489.1 and 490 of Criminal Code applicable

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

• Marginal note:Sections 489.1 and 490 of Criminal Code applicable — non-chemical offence-related property

  (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 subsections 86(12) to (14) and sections 94 to 101 of this Act.

• Marginal note:Provisions of this Act and the regulations applicable

  (3) The provisions of this Act and of the regulations apply in respect of

  • (a) any cannabis or chemical offence-related property that is seized under this Act or any other Act of Parliament or under a power of seizure at common law; and

  • (b) any chemical or thing that is referred to in paragraph (b) or (c) of the definition chemical property in subsection 2(1) and that is seized under this Act.

• Marginal note: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 the conditions, if any, 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.