Controlled Drugs and Substances Act

Marginal note:Information for search warrant

• 11 (1) A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that

  • (a) a controlled substance or precursor in respect of which this Act has been contravened,

  • (b) any thing in which a controlled substance or precursor referred to in paragraph (a) is contained or concealed,

  • (c) offence-related property, or

  • (d) any thing 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

  is in a place may, at any time, issue a warrant authorizing a peace officer, at any time, to search the place for any such controlled substance, precursor, property or thing and to seize it.

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

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

• Marginal note:Execution in another province

  (3) A justice may, where a place referred to in subsection (1) is in a province other than that in which the justice has jurisdiction, issue the warrant referred to in that subsection and the warrant may be executed in the other province after it has been endorsed by a justice having jurisdiction in that other province.

• Marginal note: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 deal with the things seized in accordance with the law.

• Marginal note:Search of person and seizure

  (5) Where a peace officer who executes a warrant issued under subsection (1) has reasonable grounds to believe that any person found in the place set out in the warrant has on their person any controlled substance, precursor, property or thing set out in the warrant, the peace officer may search the person for the controlled substance, precursor, property or thing and seize it.

• Marginal note:Seizure of things not specified

  (6) A peace officer who executes a warrant issued under subsection (1) may seize, in addition to the things mentioned in the warrant,

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

  • (b) any thing that the peace officer believes on reasonable grounds to contain or conceal a controlled substance or precursor referred to in paragraph (a);

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

  • (d) any thing 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 the things mentioned in the warrant and in subsection (6), any thing 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.