1969 Bin ~9-4' Second Session, 16th Legislatl.l7€.r, 18·, EUza.b.etll 11 4 f. f _.:.:. .. "'" ... "~. 1 THE LEGISLATIVE .ASSEMBLY OF ALBERTA BILL 94

An Act to amend The. Public Health Act (N.o ... 2) , ============================================ THE MINISTER OF HEALTH First Reading , ... , ........................ . Second Reading ............................ . Third Reading Printed by L. S. 'Vall, Queen's Printer, Edmonton

BILL 94 1969

An Act to amend The Public Health Act (No.2) ( Assented to ,1969) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Public Health Act is hereby amended.

Section 42 is amended by striking out subsection (5) and by substituting the following:

(5) In a prosecution under this

section a certificate of a Provincial analyst stating that he has analyzed or ex­ amined a substance and stating the result of his analysis or examination shall be admitted in evidence as prima facie proof of the matters so stated, without proof of the signa­ ture or official character of the person appearing to have signed the certificate. 3. The following

section is added after

section 42: 42a. (1) a peace officer may, without warrant, (

a) search any person whom on reasonable and prob­ able grounds he believes is committing an offence under

section 42, (

b) arrest any person whom he finds committing an offence under

section 42, and (

c) seize as evidence any

article or substance that he suspects to be or to contain a hallucinogenic drug.

(2) Upon information on oath by a peace officer that he suspects or believes that a hallucinogenic drug is kept or had, in contravention of

section 42, in any building, ve­ hicle or premises, a justice by warrant under his hand may authorize and empower the peace officer or any persons named therein to enter and search the building, vehicle or premises and each part thereof, and for that purpose to break open any door, lock or fastening of the building, ve-

Explanatory Notes I. This Bill amends

chapter 255 of the Revised Statutes.

Section 42 which prohibits the use or possession of hallucino­ genic drugs is amended to authorize use of analyst certificates in evidence. The present subsection (5) is re-enacted as part of sec­ tion 42a-see the following clause.

Section 42 (5) presently reads:

(5) A peace -officer, without a warrant, (

a) may arrest any person whom he finds committing an offence under this section, and (

b) may sei~e as evidence any

article or substance h') suspects to be or to contain a hallucinogenic drug. 3.

Section 42 (5) re-enacted and search authorization provisions added.

hic~e or premises or any part thereof or any closet, cup­ board, box or other receptacle therein that might contain a hallucinogenic drug.

(3) A peace officer who is authorized in writing for the purpose by the Attorney General and who believes that a halluc no~enic drug is kept or had, in c~ntravention of

section 42, in any building, vehicle or premises, may without warrant, enter and search the building, vehicle or premises and each part thereof and for that purpose may break open any door, lock or fastening of the building, vehicle or prem­ ises or any part thereof, or any closet, cupboard, box or other receptacle therein which might contain a hallucino­ genic drug.

(4) An authorization referred to in subsection (3) shall be a general one and is effective until revoked.

(5) A person who is in, on or in charge of a building or premises referred to in this

section and who (

a) refuses or fails to admit a peace officer who has demanded entry pursuant to this s2ction, or (

b) obstructs or attempts to obstruct the entry of the peace officer or the search by him, is guilty of an offence and liable on

summary conviction to a fine of not more than $500 and in default of payment to imprisonment for a term of not more than 60 days, or to a term of imprisonment of not more than 60 days without the option of a fine. 4. This Act comes into force on the day upon which it is assented to.

2 Title: 1969 (16th, 2nd) Bill 94,

An Act to amend The Public Health Act (No. 2)