Acts and Regulations

2018, c.2 - Cannabis Control Act

Full text
Seizure
2024, c.10, s.1
23.2(1)An inspector may seize any cannabis, document or other thing that the inspector believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations
(a) during an inspection under section 23,
(b) during a search authorized under the Provincial Offences Procedure Act, or
(c) otherwise in accordance with the Provincial Offences Procedure Act.
23.2(2)An inspector may, in the course of conducting a lawful search in respect of an offence under this Act or the regulations, seize and remove any vehicle in which the inspector finds anything that the inspector believes on reasonable grounds may afford evidence of the commission of an offence under this Act or the regulations.
23.2(3)The cannabis seized under subsection (1) is forfeited to the Crown, and the Minister shall destroy the cannabis in any manner the Minister considers appropriate unless a person has been charged with an offence under this Act or the regulations, in which case the cannabis shall be destroyed after the proceedings are concluded.
23.2(4)Subject to section 23.3, the document or other thing seized under subsection (1) or the vehicle seized under subsection (2) may be detained until a person has been charged with an offence under this Act or the regulations and the proceedings are concluded.
23.2(5)If a person is convicted of an offence under this Act or the regulations, the document or other thing seized under subsection (1) or the vehicle seized under subsection (2), in addition to any penalty that may be imposed under this Act, is forfeited to the Crown and, subject to section 23.3, the Minister may dispose of it in any manner the Minister considers appropriate.
23.2(6)The document or other thing seized under subsection (1) or the vehicle seized under subsection (2) shall, on application to the Minister, be immediately returned to the owner or the person who at the time of the seizure was in possession of it if
(a) no person is charged with an offence under this Act or the regulations, or
(b) a person charged with an offence is not convicted and any appeal has been disposed of or the time for appeal has expired.
23.2(7)The document or other thing seized under subsection (1) or the vehicle seized under subsection (2) shall be handed over to the Minister if
(a) the owner is not known and no one was in possession of the document, other thing or vehicle at the time of the seizure,
(b) no person is charged with an offence under this Act or the regulations and no application is made under subsection (6), or
(c) a person is charged with an offence but the charge is dismissed or withdrawn and no application is made under subsection (6) within 30 days after the charge is dismissed or withdrawn.
23.2(8)The Minister shall keep the document, other thing or vehicle handed over under subsection (7) for 30 days and then dispose of it in any manner the Minister considers appropriate unless within those 30 days a person by notice in writing claims that they are the owner of the document, other thing or vehicle.
23.2(9)If a person makes a claim under subsection (8) and proves to the satisfaction of the Minister at a time and place specified by the Minister that the person is the owner of the document, other thing or vehicle, the Minister shall return it to the person.
23.2(10)The owner of the document, other thing or vehicle or the person who at the time of the seizure was in possession of it shall pay, before any return, the expenses relating to their seizure and retention.
23.2(11)If a person makes a claim under subsection (8) and fails to prove to the satisfaction of the Minister that the person is the owner of the document, other thing or vehicle, the Minister may dispose of it in any manner the Minister considers appropriate.
2024, c.10, s.1