Marginal note:Short title

1. This Act may be cited as the Controlled Drugs and Substances Act.

Marginal note:Definitions

• 2. (1) In this Act,

  “adjudicator”

  « arbitre »

  “adjudicator” means a person appointed or employed under the Public Service Employment Act who performs the duties and functions of an adjudicator under this Act and the regulations;

  “analogue”

  « analogue »

  “analogue” means a substance that, in relation to a controlled substance, has a substantially similar chemical structure;

  “analyst”

  « analyste »

  “analyst” means a person who is designated as an analyst under section 44;

  “Attorney General”

  « procureur général »

  “Attorney General” means

  • (a) the Attorney General of Canada, and includes their lawful deputy, or

  • (b) with respect to proceedings commenced at the instance of the government of a province and conducted by or on behalf of that government, the Attorney General of that province, and includes their lawful deputy;

  “controlled substance”

  « substance désignée »

  “controlled substance” means a substance included in Schedule I, II, III, IV or V;

  “designated substance offence”

  « infraction désignée »

  “designated substance offence” means

  • (a) an offence under Part I, except subsection 4(1), or

  • (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a);

  “inspector”

  « inspecteur »

  “inspector” means a person who is designated as an inspector under section 30;

  “judge”

  « juge »

  “judge” means a judge as defined in section 552 of the Criminal Code or a judge of a superior court of criminal jurisdiction;

  “justice”

  « juge de paix »

  “justice” has the same meaning as in section 2 of the Criminal Code;

  “Minister”

  « ministre »

  “Minister” means the Minister of Health;

  “offence-related property”

  « bien infractionnel »

  “offence-related property” means, with the exception of a controlled substance, any property, within or outside Canada,

  • (a) by means of or in respect of which a designated substance offence is committed,

  • (b) that is used in any manner in connection with the commission of a designated substance offence, or

  • (c) that is intended for use for the purpose of committing a designated substance offence;

  “possession”

  « possession »

  “possession” means possession within the meaning of subsection 4(3) of the Criminal Code;

  “practitioner”

  « praticien »

  “practitioner” means a person who is registered and entitled under the laws of a province to practise in that province the profession of medicine, dentistry or veterinary medicine, and includes any other person or class of persons prescribed as a practitioner;

  “precursor”

  « précurseur »

  “precursor” means a substance included in Schedule VI;

  “prescribed”

  Version anglaise seulement

  “prescribed” means prescribed by the regulations;

  “produce”

  « production »

  “produce” means, in respect of a substance included in any of Schedules I to IV, to obtain the substance by any method or process including

  • (a) manufacturing, synthesizing or using any means of altering the chemical or physical properties of the substance, or

  • (b) cultivating, propagating or harvesting the substance or any living thing from which the substance may be extracted or otherwise obtained,

  and includes offer to produce;

  “provide”

  « fournir »

  “provide” means to give, transfer or otherwise make available in any manner, whether directly or indirectly and whether or not for consideration;

  “sell”

  « vente »

  “sell” includes offer for sale, expose for sale, have in possession for sale and distribute, whether or not the distribution is made for consideration;

  “traffic”

  « trafic »

  “traffic” means, in respect of a substance included in any of Schedules I to IV,

  • (a) to sell, administer, give, transfer, transport, send or deliver the substance,

  • (b) to sell an authorization to obtain the substance, or

  • (c) to offer to do anything mentioned in paragraph (a) or (b),

  otherwise than under the authority of the regulations.

• Marginal note:Interpretation

  (2) For the purposes of this Act,

  • (a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and

  • (b) a reference to a controlled substance includes a reference to

    • (i) all synthetic and natural forms of the substance, and

    • (ii) any thing that contains or has on it a controlled substance and that is used or intended or designed for use

      • (A) in producing the substance, or

      • (B) in introducing the substance into a human body.

• Marginal note:Interpretation

  (3) For the purposes of this Act, where a substance is expressly named in any of Schedules I to VI, it shall be deemed not to be included in any other of those Schedules.