Controlled Drugs and Substances Act

Marginal note: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.

• Marginal note:Procedure

  (2) The application for a restraint order may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit of the Attorney General or any other person deposing to the following matters :

  • (a) the offence to which the property relates;

  • (b) the person who is believed to be in possession of the property; and

  • (c) a description of the property.

• Marginal note: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.

• Marginal note:Property outside Canada

  (4) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

• Marginal note:Conditions

  (5) A restraint order made by a judge under this section may be subject to such reasonable conditions as the judge thinks fit.

• Marginal note:Order in writing

  (6) A restraint order made under this section shall be made in writing.

• Marginal note:Service of order

  (7) A copy of a restraint order made under this section shall be served on the person to whom the order is addressed in such manner as the judge making the order directs or in accordance with the rules of the court.

• Marginal note:Registration of order

  (8) A copy of a restraint order made under this section shall be registered against any property in accordance with the laws of the province in which the property is situated.

• Marginal note:Order continues in force

  (9) A restraint order made under this section remains in effect until

  • (a) an order is made under subsection 19(3) or 19.1(3) of this Act or subsection 490(9) or (11) of the Criminal Code in relation to the property; or

  • (b) an order of forfeiture of the property is made under subsection 16(1) or 17(2) of this Act or section 490 of the Criminal Code.

• Marginal note:Offence

  (10) Any person on whom a restraint order made under this section is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.