BILL NO. 144

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
51 Elizabeth II, 2002

Government Bill

Justice Administration Amendment (Fall 2002) Act

The Honourable Michael G. Baker
Minister of Justice

First Reading: November 1, 2002

(Explanatory Notes)

Second Reading: November 21, 2002

Third Reading: November 28, 2002 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Clause 1 sets out the short title of this Act.

Clause 2 removes a requirement in the Domestic Violence Intervention Act that a peace officer be notified of a hearing on an emergency protection order where a child is identified in the order.

Clause 3 amends the Fatality Investigations Act to permit medical examiners to take photographs, inspect and copy documents and be accompanied by any persons they need for assistance. Clause 3 also amends the Act to provide that the duty to apply for a warrant to enter premises that the Chief Medical Examiner believes to contain evidence and to take the evidence is not mandatory.

Clause 4 provides that retention of seized items is subject to other court orders or search warrants.

Clause 5 makes it an offence to hinder, obstruct or interfere with the performance of the Chief Medical Examiner's duties.

Clause 6

(a) adds a definition of "Chief Medical Examiner" to the Vital Statistics Act in substitution for the definition of "coroner" that was repealed by the Fatality Investigations Act; and

(b) corrects an error in that Act.

Clause 7 expands the list of circumstances under the Guardianship Act in which funds are to be paid to the Public Trustee.

Clause 8 corrects an incorrect cross-reference in the Interjurisdictional Support Orders Act.

Clause 9 amends the Liquor Control Act to reletter one of two clauses that have the same lettering.

Clause 10 amends the definition of "public-office holder" in the Lobbyists' Registration Act to remove members of police forces in Nova Scotia.

Clause 11 repeals the requirement for a consultant lobbyist to confirm information contained in a return within two months of the end of the first and each subsequent year from the filing of the return.

Clause 12 corrects an incorrect cross-reference in the Act.

Clause 13 removes unwanted cross-references in the Motor Vehicle Act.

Clause 14 amends the Regulations Act to provide that

(a) the Registrar of Regulations may refuse to register a document if one of two circumstances exist rather than both having to exist; and

(b) a report need only be made to the Governor in Council that the Deputy Attorney General has decided a document is not a regulation when this actually occurs rather than a monthly report having to be made regardless of whether any action has been taken.

Clauses 15 and 16 correct incorrect cross-references in the Residential Tenancies Act.

Clause 17 clarifies a document-service provision in the Residential Tenancies Act.

Clause 18 corrects several incorrect cross-references in the Smoke-free Places Act.

Clause 19

(a) eliminates the provision for issuance of a warrant to a person other than a peace officer;

(b) provides for investigative warrants allowing peace officers to search for a variety of things including biological, chemical or physical agents and data contained in or available to computer systems;

(c) allows a justice of the peace or a judge to prohibit access to and disclosure of information relating to a warrant;

(d) provides for warrants that permit experts to assist peace officers in executing the warrants; and

(e) provides for informations by telephone or other means of telecommunication.

Clause 20 provides that a search warrant must be executed between 8 a.m. and 9 p.m. unless a justice of the peace is satisfied that there are reasonable grounds for it to be executed between 9 p.m. and 8 a.m.

Subclause 21(1) provides that a peace officer may remove any thing seized under a warrant or may detain it in the place it was seized.

Subclause 21(2) allows a peace officer to act without a warrant in exigent circumstances.

Clause 22 adds provisions dealing with the prolonged detention of things seized and the making of copies of seized documents.

Clause 23 provides for the return or disposition of things seized that are perishable or likely to deteriorate rapidly.

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Justice Administration Amendment (Fall 2002) Act.

PART I

DOMESTIC VIOLENCE INTERVENTION ACT

2 Subsection 11(4) of Chapter 29 of the Acts of 2001, the Domestic Violence Intervention Act, is amended by

(a) adding "and" immediately after clause (a);

(b) striking out "; and" at the end of clause (b) and substituting a period; and

(c) striking out clause (c).

PART II

FATALITY INVESTIGATIONS ACT

3 (1) Subsection 7(1) of Chapter 31 of the Acts of 2001, the Fatality Investigations Act, is amended by

(a) striking out "and" at the end of clause (d);

(b) striking out the period at the end of clause (e) and substituting "; and"; and

(c) adding immediately after clause (e) the following clause:

(f) take photographs or inspect and make copies of documents or information in any form if the medical examiner or investigator has reasonable grounds to believe that this may assist in determining any of the issues set out in subsection 5(1).

(2) Subsections 7(2) and (3) of Chapter 31 are repealed and the following subsections substituted:

(2) When a medical examiner or investigator is exercising a power under subsection (1), the medical examiner or investigator may be accompanied by any person whose assistance is required as part of an investigation.

(3) Where the Chief Medical Examiner applies to a judge or justice of the peace for a warrant on the basis of a belief on reasonable grounds that

(a) it is necessary to do so for the purpose of an investigation under this Act; and

(b) evidence related to the identity of a deceased person, the manner or cause of a death or the date, time or place of death may be found in a building, receptacle or place,

the judge or justice of the peace may issue a warrant authorizing the Chief Medical Examiner, a medical examiner or an investigator acting under the Chief Medical Examiner's authority to enter and search the building, receptacle or place and to take possession of anything that any of those persons believes, on reasonable grounds, may be directly or indirectly related to the death.

(4) The items seized under subsection (1) or (3) may only be used to establish the identity of a deceased person, the cause and manner of death or the date, time or place of death as required for the purpose of this Act.

(5) Notwithstanding subsection (4), where a peace officer or an officer authorized under an enactment has reasonable grounds to believe that items seized under subsection (1) or (3) are relevant to an investigation into a possible contravention of the law or are required for another lawfully authorized purpose, the peace officer or officer may apply to a justice of the peace or a judge for a warrant or an order permitting access to or possession of the items on such grounds as the justice of the peace or judge considers reasonable.

4 Section 17 of Chapter 31 is amended by adding ", unless otherwise required by court order or pursuant to a search warrant," immediately after "shall" in the fourth line.

5 Section 25 of Chapter 31 is amended by

(a) adding "the Chief Medical Examiner," immediately after "with" in the first line; and

(b) adding "Chief Medical Examiner," immediately after "the" in the third line.

6 (1) Subsection 46(1) of Chapter 31 is repealed and the following subsection substituted:

(1) Clause 2(f) of Chapter 494 of the Revised Statutes, 1989, the Vital Statistics Act, is repealed and the following clause substituted:

(f) "Chief Medical Examiner" means the Chief Medical Examiner appointed under the Fatality Investigations Act and includes a medical examiner appointed under that Act or a judge who conducts an inquiry under that Act, and where the context requires, includes a physician authorized by a medical examiner pursuant to subsection 5(6) of that Act;

(2) Clause 46(7)(d) of Chapter 31 is amended by striking out "who" in the first line.

PART III

GUARDIANSHIP ACT

7 (1) Subsection 14(1) of Chapter 8 of the Acts of 2002, the Guardianship Act, is amended by

(a) striking out the comma at the end of clause (c) and substituting a semicolon; and

(b) adding immediately after clause (c) the following clause:

(d) under a settlement or a trust,

(2) Subsection 14(2) of Chapter 8 is amended by

(a) striking out the comma at the end of clause (c) and substituting a semicolon; and

(b) adding immediately after clause (c) the following clause:

(d) under a settlement or a trust,

PART IV

INTERJURISDICTIONAL SUPPORT ORDERS ACT

8 Clause 2(d) of Chapter 9 of the Acts of 2002, the Interjurisdictional Support Orders Act, is amended by striking out "44" in the second line and in the fourth line and substituting in each case "43".

PART V

LIQUOR CONTROL ACT

9 Clause 2(aa) of Chapter 260 of the Revised Statutes, 1989, the Liquor Control Act, as relettered by Chapter 4 of the Acts of 2001, is relettered as (b).

PART VI

LOBBYISTS' REGISTRATION ACT

10 Subclause 2(1)(f)(iv) of Chapter 34 of the Acts of 2001, the Lobbyists' Registration Act, is repealed.

11 Subsection 5(6) of Chapter 34 is repealed.

12 Clause 19(1)(e) of Chapter 34 is amended by striking out "6(5)(p)" in the second line and substituting "6(4)(p)".

PART VII

MOTOR VEHICLE ACT

13 Subsection 67(5) of Chapter 293 of the Revised Statutes, 1989, the Motor Vehicle Act, as amended by Chapter 32 of the Acts of 1998, Chapter 11 of the Acts of 1999, Chapter 44 of the Acts of 2001 and Chapter 20 of the Acts of 2002, is further amended by

(a) striking out "235 or 236" in the fifth line of clause (b) and substituting "or 235"; and

(b) striking out "249.1(1)" in the sixth line of clause (d).

PART VIII

REGULATIONS ACT

14 (1) Subsection 13(1) of Chapter 393 of the Revised Statutes, 1989, the Regulations Act, is amended by striking out "and" immediately after clause (a) and substituting "or".

(2) Subsection 13(2) of Chapter 393 is amended by adding "or a proposed regulation to which subsection (1) of Section 11 applies" immediately after "regulation" in the fifth line.

(3) Subsection 13(3) of Chapter 393 is repealed and the following subsection substituted:

(3) Where the Deputy Attorney General decides pursuant to subsection (2) that a document is not a regulation within the meaning of this Act, the Registrar shall submit a report to the Governor in Council advising of the decision within thirty days of being issued directions by the Deputy Attorney General.

PART IX

RESIDENTIAL TENANCIES ACT

15 Subsection 5(1) of Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, as amended by Chapter 7 of the Acts of 1997, is further amended by striking out "14" in the third line and substituting "17".

16 Section 10C of Chapter 401, as enacted by Chapter 40 of the Acts of 1993, is amended by striking out "is" in the sixth line and substituting "are".

17 Subsection 15(1) of Chapter 401, as enacted by Chapter 7 of the Acts of 1997 and amended by Chapter 10 of the Acts of 2002, is further amended by striking out "relating to an application to the Director" in the first line and substituting ", except documents relating to an appeal to the Small Claims Court,".

PART X

SMOKE-FREE PLACES ACT

18 Subsection 15(1) of Chapter 12 of the Acts of 2002, the Smoke-free Places Act, is amended by

(a) striking out "7" in the second line of clause (d) and substituting "8";

(b) striking out "7" in the second line and in the fourth line of clause (e) and substituting in each case "8"; and

(c) striking out "7" in the second line of clause (f) and substituting "8".

PART XI

SUMMARY PROCEEDINGS ACT

19 (1) Subsection 2B(1) of Chapter 450 of the Revised Statutes, 1989, the Summary Proceedings Act, as enacted by Chapter 46 of the Acts of 1990, is amended by striking out "a person named therein or" in the thirteenth line.

(2) Section 2B of Chapter 450, as enacted by Chapter 46 of the Acts of 1990 and amended by Chapter 28 of the Acts of 2000, is further amended by adding immediately after subsection (1) the following subsections:

(1A) A justice of the peace or a judge of the provincial court may issue an investigative warrant authorizing a peace officer, subject to this Section, to use any investigative technique or procedure or to do any thing described in the warrant if the justice of the peace or judge of the provincial court, as the case may be, is satisfied by information under oath that there are reasonable grounds to believe that an offence against an enactment has been, is being or will be committed and that information or other evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing.

(1B) An investigative warrant shall authorize a peace officer to enter and search the place for which the warrant was issued and, without limiting the powers of the justice of the peace or the judge of the provincial court under subsection (1A), the warrant may, in respect of the alleged offence, authorize the peace officer to enter the place for which the warrant is issued, and

(a) search for and seize or examine and copy any drawings, specifications, licence, document, record or report;

(b) search for and seize or examine any equipment, machine, device, article, thing, material or biological, chemical or physical agent;

(c) require a person to produce any item described in clause (a) or (b);

(d) conduct or take tests of any equipment, machine, device, article, thing, material or biological, chemical or physical agent, and take and carry away samples from the testing;

(e) take measurements of and record by any means the physical circumstances of the place; and

(f) make inquiries of any person either separate and apart from another person or in the presence of any other person.

(1C) A peace officer who executes a warrant issued under subsection (1A) may seize or examine and copy any drawings, specifications, licence, document, record or report or seize or examine any equipment, machine, device, article, thing, material or biological, chemical or physical agent, in addition to those mentioned in the warrant, that the officer believes on reasonable grounds will afford evidence in respect of an offence against an enactment.

(1D) A person authorized under this Section to search a computer system in a building or place for data may

(a) use or cause to be used any computer system at the building or place to search any data contained in or available to the computer system;

(b) reproduce or cause to be reproduced any data in the form of a print-out or other intelligible output;

(c) seize the print-out or other output for examination or copying; and

(d) use or cause to be used any copying equipment at the place to make copies of the data.

(1E) Every person who is in possession or control of any building or place in respect of which a search is carried out under this Section shall, on presentation of the warrant, permit the person carrying out the search to

(a) use or cause to be used any computer system at the building or place in order to search any data contained in or available to the computer system for data that the person is authorized by this Section to search for;

(b) obtain a hard copy of the data and to seize it; and

(c) use or cause to be used any copying equipment at the place to make copies of the data.

(1F) A hard copy print-out of data from a computer made pursuant to subsection (1D) or (1E) is, if it purports to be certified as a true copy by the person who caused the print-out or hard copy to be produced or the person in whose presence the copy was made admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original data would have if it had been proved in the ordinary way.

(1G) An investigative warrant is valid for thirty days or for such shorter period as may be specified in it by a justice of the peace or a judge of the provincial court and may, without limiting the generality of the foregoing, include provisions for re-entry to the place for the purpose of subsection (1A).

(1H) An investigative warrant may contain terms and conditions in addition to those provided for in subsections (1A) to (1G) as the justice of the peace or judge of the provincial court, as the case may be, considers advisable in the circumstances.

(1I) A justice of the peace or judge of the provincial court may issue further warrants under subsection (1A).

(1J) Nothing in this Section restricts any power or duty of a peace officer under any enactment including, without limiting the generality of the foregoing, the power to conduct an inspection.

(1K) A justice of the peace or judge of the provincial court may, on application made at the time of issuing a warrant under this or any other enactment or at any time thereafter, make an order prohibiting access to and the disclosure of any information relating to the warrant or information on the ground that

(a) the information might be used for an improper purpose; or

(b) the ends of justice would be subverted by the disclosure on the grounds that disclosure of the information would

(i) compromise the identity of a confidential informant,

(ii) compromise the nature or extent of an ongoing investigation,

(iii) endanger a person engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used,

(iv) prejudice the interests of an innocent person, or

(v) in the opinion of the justice of the peace or judge of the provincial court, subvert the ends of justice in some other way;

and

(c) the ground referred to in clause (a) or (b) outweighs in importance the access to and disclosure of the information.

(1L) Where an order is made under subsection (1K), all documents relating to the application shall, subject to any terms and conditions that the justice of the peace or judge of the provincial court considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the justice of the peace or judge of the provincial court immediately on determination of the application, and that packet shall be kept in the custody of the court in a place to which the public has no access or in any other place that the justice of the peace or judge of the provincial court may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (1M).

(1M) An application to terminate the order or vary any of the terms and conditions of an order made under subsection (1K) may be made to the justice of the peace or judge of the provincial court who made the order or a judge of the court before which any proceedings arising out of the investigation in relation to which the warrant was obtained may be held.

(3) Section 2B of Chapter 450, as enacted by Chapter 46 of the Acts of 1990 and amended by Chapter 28 of the Acts of 2000, is further amended by adding immediately after subsection (3) the following subsection:

(3A) A warrant may authorize persons who have special, expert or professional knowledge to accompany and assist a peace officer in the execution of the warrant.

(4) Subsection 2B(4) of Chapter 450 is repealed and the following subsections substituted:

(4) Subject to subsection (4A), where a peace officer believes that an offence against an enactment has been committed or is suspected to have been committed and has grounds to apply for a warrant under subsection (1) or (1A), the peace officer may submit an information on oath by telephone or other means of telecommunication to a justice designated for that purpose by the Chief Judge of the Provincial Court.

(4A) An information by telephone or other means of telecommunication that does not produce a writing may only be submitted in circumstances in which it would be impracticable to appear personally before a justice of the peace to apply for a warrant.

(5) Subsection 2B(6) of Chapter 450 is repealed and the following subsections substituted:

(6) An information on oath submitted by telephone or other means of telecommunications that does not produce a writing must include a statement of the circumstances that make it impracticable for the peace officer to appear personally before a justice of the peace.

(6A) An information submitted by telephone or other means of telecommunication to obtain a warrant to search for anything permitted by subsection (1) must include

(a) a statement of the offence alleged, the place or premises to be searched and the items alleged to be liable to seizure;

(b) a statement of the peace officer's grounds for believing that the items liable to seizure in respect of the offence alleged will be found in the place or premises to be searched; and

(c) a statement as to any prior application for a warrant under this Section or any other search warrant, in respect of the same matter, of which the peace officer has knowledge.

(6B) An information submitted by telephone or other means of telecommunication to obtain a warrant to search for anything permitted by subsection (1A) must include

(a) a statement of the offence alleged, the place or premises to be searched;

(b) a statement of the investigative technique or procedure or any other thing sought to be authorized by the warrant and the peace officer's grounds for believing that information and other evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing; and

(c) a statement as to any previous application for a warrant under this Section or any other search warrant, in respect of the same matter, of which the peace officer has knowledge.

(6) Subsection 2B(7) of Chapter 450 is repealed and the following subsection substituted:

(7) A justice of the peace who is satisfied that an information submitted pursuant to subsection (4)

(a) concerns an offence punishable on conviction under an enactment;

(b) conforms to the requirements of subsection (6), (6A) or (6B); and

(c) discloses reasonable grounds, in accordance with subsection (1) or (1A), for the issuance of a warrant in respect of an offence,

may issue a warrant to a peace officer that

(d) confers the same authority respecting search and seizure as may be conferred by a warrant issued under subsection (1) or (1A); and

(e) requires the warrant to be executed within a period of time that the justice of the peace may order.

(7) Subsection 2B(8) of Chapter 450, as enacted by Chapter 28 of the Acts of 2000, is amended by

(a) adding "that does not produce a writing" immediately after "telecommunication" in the second line; and

(b) adding "varied to suit the case, and" immediately preceding "noting" in the third line of clause (a).

(8) Section 2B of Chapter 450, as enacted by Chapter 46 of the Acts of 1990 and amended by Chapter 28 of the Acts of 2000, is further amended by adding immediately after subsection (8) the following subsection:

(8A) Where a justice of the peace issues a warrant by other means of telecommunication that produces a writing,

(a) the justice of the peace shall complete and sign the warrant in the form prescribed in the regulations, varied to suit the case, and note on its face the time, date and place where it is issued;

(b) the justice of the peace shall transmit the warrant by the means of telecommunication to the peace officer who submitted the information and the copy of the warrant received by the peace officer is deemed to be a facsimile;

(c) the peace officer shall procure a second copy of the warrant which is deemed to be a facsimile; and

(d) the justice of the peace shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the clerk of the court.

20 Section 2C of Chapter 450 is repealed and the following Section is substituted:

2C A warrant issued pursuant to Section 2B shall be exercised between the hours of eight o'clock in the forenoon and nine o'clock in the afternoon, unless the justice of the peace

(a) is satisfied that there are reasonable grounds in the information for the warrant to be executed between the hours of nine o'clock in the afternoon and eight o'clock in the forenoon; and

(b) provides in the warrant that it may be executed during those hours.

21 (1) Subsection 2D(2) of Chapter 450 is repealed and the following subsection substituted:

(2) A peace officer may remove any thing seized under a warrant from the place from which it was seized or may detain it in that place.

(2) Section 2D of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is further amended by adding immediately after subsection (2) the following subsection:

(3) Although a warrant issued under subsection (1) or (1A) of Section 2B would otherwise be required, a peace officer may exercise any of the powers described in those subsections without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.

22 (1) Subsection 2F(2) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by

(a) striking out the first six lines and substituting "Nothing shall be detained pursuant to clause (b) of subsection (1) for a period of more than three months after the day of the seizure or for any longer period that ends when an application made under clause (a) is decided, unless"; and

(b) adding "from the date of the order" immediately after "months" in the seventh line of clause (a).

(2) Section 2F of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is further amended by adding immediately after subsection (2) the following subsections:

(2A) Applications to detain things seized beyond the period prescribed in clause (a) of subsection (2) must be made to a judge of the provincial court, on the making of a summary application after three clear days' notice to the person from whom the thing detained was seized, and the judge may order a further period of detention if satisfied, having regard to the complex nature of the investigation, or because the thing might reasonably be required for the purposes of a potential inquiry, trial or other proceeding, that the further detention of the thing seized is warranted for a specified period and subject to such other conditions as the judge considers just and so orders.

(2B) An application under subsection (2A) is not required if proceedings are instituted in which the thing detained may be required before the expiry of an order made under subsection (2);

(2C) More than one application may be made under subsection (2A).

(2D) A thing may be detained under clause (b) of subsection (1), for any period, whether or not an application for an order is made under clause (a) of subsection (2) or subsection (2A), if the lawful owner or person who is lawfully entitled to possession of the thing seized consents in writing to its detention for that period.

(3) Subsection 2F(3) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by striking out "or (2)" in the third line and substituting ", (2) or (2A)".

(4) Subsection 2F(4) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by adding "or (2A)" immediately after "(2)" in the third line.

(5) Subsection 2F(5) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by striking out "or (2)" in the second line and substituting ", (2) or (2A)".

(6) Subsection 2F(6) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by striking out "or (2)" in the fourth line and substituting ", (2) or (2A)".

(7) Subsection 2F(8) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by striking out "or (2)" in the third line and substituting ", (2) or (2A)".

(8) Section 2F of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is further amended by adding immediately after subsection (8) the following subsection:

(8A) Notwithstanding subsection (8), a judge of the provincial court may, if satisfied that the periods of detention provided for or ordered under subsection (1), (2) or (2A) in respect of a thing seized have expired but proceedings have not been instituted in which the thing may be required, order that the thing continue to be detained for such a period as the judge considers necessary if the judge is satisfied that

(a) the continued detention of the thing might reasonably be required for the purposes of a potential inquiry, trial or other proceeding; and

(b) it is in the interests of justice to do so.

(9) Clause 2F(10)(b) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by striking out "or (2)" in the second and third lines and substituting ", (2) or (2A)".

(10) Subsections 2F(12) and (13) of Chapter 450 are repealed and the following subsections substituted:

(12) The Attorney General, a crown attorney or a peace officer or other person having custody of a document seized may, before bringing it before a justice of the peace or complying with an order that the document be returned, forfeited or otherwise dealt with under subsection (1), (8) or (10), make or cause to be made, and may retain, a copy of the document.

(13) A copy made pursuant to subsection (12) is, if it purports to be certified as a true copy by the Attorney General, a crown attorney, a peace officer or the person who made the copy or the person in whose presence the copy was made, admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original document would have if it had been proved in the ordinary way.

(11) Subsection 2F(14) of Chapter 450, as enacted by Chapter 46 of the Acts of 1990, is amended by adding ", (2A)" immediately after "(2)" in the second line.

23 Chapter 450 is further amended by adding immediately after Section 2F the following Section:

2G (1) Where anything seized pursuant to this Act or any other enactment is perishable or likely to deteriorate rapidly, the person who seized the thing or other person having custody of the thing may

(a) return it to its lawful owner or the person who is lawfully entitled to the possession of it; or

(b) where, on ex parte application to a judge of the provincial court, the judge so authorizes,

(i) dispose of it and give the proceeds of disposition to the lawful owner of the thing seized, if the lawful owner was not a party to an offence in relation to the thing, or

(ii) destroy it.

(2) Where the identity of the lawful owner cannot be reasonably ascertained under subclause (i) of clause (b) of subsection (1), the proceeds of disposition are forfeited to Her Majesty in right of the Province.